Amendments to Subclass 801 – Partner and Subclass 820 – Partner visas

[Guest proud2beaussie]

FOR INFORMATION OF ANY MEMBERS WITH AN APPLICATION FOR THIS TYPE OF VISA.

This is from the IMMI website.

Australian Immigration - Legislation Change Update

Commencement: 27 March 2010

 

Client summary

 

From 27 March 2010, the Migration Regulations 1994 ('the Regulations') are amended to:

 

 

• allow a Subclass 801 – Partner visa to be granted to an applicant who is outside of Australia; and
  
• clarify in the Regulations that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa.
  

 

The first measure will enable applicants to be offshore when the Subclass 801 – Partner visa is granted and applicants will therefore not need to return to Australia for the visa to be granted.

The second measure will clarify in the Regulations that a holder, or former holder, of a prospective marriage (temporary) visa may be eligible for the grant of a Subclass 820 – Partner visa where they are sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen spouse or de facto partner who was not the sponsor for the applicant’s prospective marriage (temporary) visa application.

Affected legislation

 

The following provisions of the Regulations are amended:

 

 

• Clause 801.411 – substituted new clause
  
• Clause 820.111 – inserted new definition of original sponsor, substituted definition of sponsoring partner and inserted new definition of subsequent sponsor.
  

 

Additional information

 

The second measure puts beyond doubt that subclause 820.211(2) provides for a person who holds or held a prospective marriage (temporary) visa to be sponsored by a spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who was not the sponsor for the prospective marriage (temporary) visa application.

Transitional provisions

 

The amendments to allow Subclass 801 – Partner visa to be granted to an applicant who is outside of Australia will apply to visa applications made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 27 March 2010, and to visa applications made on or after 27 March 2010.

The amendments to clarify in the Regulations that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa will apply to visa applications made on or after 27 March 2010.

Forms

 

Nil.

Instructions

 

PAM3 Sch 2 Visa 801 and PAM3 Sch 2 Visa 820 will be amended to reflect these changes by 27 March 2010.