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Limitation on approval of sponsorships- Spouse, partner, prospective marriage and interdependency visas

MIGRATION REGULATIONS 1994 – REG 1.20J

Limitation on approval of sponsorships–spouse, partner, prospective marriage and interdependency visas

       (1AA)  This regulation applies in relation to an application for:

                     (b)  a Partner (Provisional) (Class UF) visa; or

                     (c)  a Prospective Marriage (Temporary) (Class TO) visa; or

                     (e)  an Extended Eligibility (Temporary) (Class TK) visa; or

                      (f)  a Partner (Temporary) (Class UK) visa.

             (1)  Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:

                     (a)  not more than 1 other person has been granted a relevant permission as:

                              (i)  the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or

                             (ii)  a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had suffered family violence committed by the sponsor; and

                     (b)  if another person has been granted a relevant permission in the circumstances referred to in paragraph (a)–not less than 5 years has passed since the date of making the application for that relevant permission; and

                     (c)  if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination–not less than 5 years has passed since the date of making the application for that relevant permission.

          (1A)  In subregulation (1):

“relevant permission ” means:

                     (a)  in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)–a visa; and

                     (b)  in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997–permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.

             (2)  Despite subregulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.

 

Visitor Visa Applications subclass 600 – Procedural update

Legislative instrument – IMMI 15/123 – F2015L01448 – Migration Regulations 1994 – Specification of Arrangements for Visitor Visa Applications 2015 specifies the approved forms and manner for making valid visitor visa applications.

The Schedule to this Instrument specifies the method for making applications for Subclass 600 Visitor visas in the following streams:

  • Tourist stream
  • Sponsored Family stream
  • Business Visitor stream
  • Approved Destination Status stream

This Instrument revokes IMMI 15/043 and commences on 1 October 2015.

Processing Priority Group 5: 175, 176, 475; Small number to be granted

Ministerial Determination  –  IMMI 15/112 – F2015L01455Migration Act 1958 – Determination of the fixed maximum number of specified skilled visas that may be granted in the 2015-2016 financial year. 

This Determination specifies the number of visas to be granted in the following visa categories:

  • Subclass 175 Skilled – Independent visa: 219 visas
  • Subclass 176 Skilled – Sponsored visa: 36 visas
  • Subclass 475 Skilled – Regional Sponsored visa: 29 visas

 

The Explanatory Statement to the Determination states that under s39(2) of the Act that when the maximum number of visas have been granted in each of these subclasses, any outstanding applications for visas of that subclass are taken not to have been made. 

According to the statement, consultation including the notification of affected clients will be undertaken closer to the 22 September implementation date.

The MIA has sought further urgent clarification from Minister Cash’s office on the procedural aspects of this Determination and will provide this to MIA members as soon as it is received.

This Determination revokes IMMI 10/023 and commences on 22 September 2015.

Regulation 5.17 Migration Regulations – Prescribed evidence of English language proficiency

[5.17]      For the purposes of paragraph 5(2)(b) of the Act (dealing with whether a person has functional English), the evidence referred to in each of the following paragraphs is prescribed evidence of the English language proficiency of a person:

(a)      evidence specified by the Minister in an instrument in writing for this paragraph;

[(a) substituted by SLI 2012, 105 with effect from 01/07/2012 – LEGEND note]

[(b) omitted by SLI 2012, 105 with effect from 01/07/2012 – LEGEND note]

(c)      evidence that:

(i)      the person holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and

(ii)      all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;

[(d) omitted by SR 1995, 117 – LEGEND note]

(e)      evidence that the person has attained the functional level of the ACCESS test, being evidence in the form of a copy of results of a test:

(i)      completed not more than 12 months before the person applies for the grant of a visa in relation to which those results are relevant; or

(ii)      completed after the application is made;

and certified by the body that conducted the test as the results of the test of the person;

(f)      evidence that the person has been assessed as having functional English by the provider of a course that is an approved English course for the purposes of section 4 of the Immigration (Education) Act 1971​;

[(g) omitted by SR 1995, 117 – LEGEND note]

(h)      in the case of a person who is an applicant for a Business Skills – Established Business (Residence) (Class BH) visa — evidence that the person has a score of at least 20 points under Part 3 of Schedule 7, being a score awarded on the basis of an interview of the person for the purpose of ascertaining that score;

(j)      if:

(i)      the person is an applicant for a visa of a class that is not mentioned in paragraph (h); and

(ii)      evidence referred to in paragraph (a) cannot be provided by the person; and

(iii)      it is not reasonably practicable for the person to attend at a place where, or time when, he or she could be subjected to a test mentioned in paragraph (e) or (f);

evidence that the person has been determined by the Minister, on the basis of an interview with the person, to have functional English.