Migration Amendment Regulations 2009 (No. 7) (Cth)
Migration Amendment Regulations 2009 (No. 7)1
Select Legislative Instrument 2009 No. 144
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 24 June 2009
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
1Name of Regulations 3
2Commencement 3
3Amendment of Migration Regulations 1994 — Schedule 1 3
4Amendment of Migration Regulations 1994 — Schedule 2 10
5Amendment of Migration Regulations 1994 — Schedule 3 10
Schedule 1Amendments of Migration Regulations 1994 — same‑sex relationships 11
Schedule 2Amendments relating to English language skills commencing on 1 July 2009 97
Schedule 3Amendments relating to English language skills commencing on 1 January 2010 105
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Name of Regulations
These Regulations are the Migration Amendment Regulations 2009 (No. 7).
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Commencement
These Regulations commence as follows:
(a)on 1 July 2009 — regulations 1 to 4 and Schedules 1 and 2;
(b)on 1 January 2010 — regulation 5 and Schedule 3.
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Amendment of Migration Regulations 1994 — Schedule 1
(1)Schedule 1 amends the Migration Regulations 1994.
(2)Subject to this regulation, the amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 July 2009.
(3)Despite the amendments made by Schedule 1, if, immediately before 1 July 2009, a person was an interdependent partner (within the meaning of that term in the Migration Regulations 1994 as in force at that time), the person is taken, on and after 1 July 2009, to be a de facto partner (within the meaning given by section 5CB of the Migration Act 1958) for the purposes of regulation 1.20J.
(4)Despite the amendments made by Schedule 1, if, immediately before 1 July 2009, a person was a spouse (within the meaning of that word in the Migration Regulations 1994 as in force at that time), the person is taken, on and after 1 July 2009, to be a spouse (within the meaning given by section 5F of the Migration Act 1958) for the purposes of regulation 1.20J.
(5)The amendments made by Schedule 1 do not apply in relation to an application (the additional application) for a visa by a child under regulation 2.08 of the Migration Regulations 1994 if:
(a)the non‑citizen mentioned in paragraph 2.08 (1) (a) of those Regulations applied for a visa before 1 July 2009; and
(b)the non‑citizen’s application was not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 July 2009; and
(c)the child is taken to have made the additional application on or after 1 July 2009 because the child was born on or after 1 July 2009.
(6)The amendments made by Schedule 1 do not apply in relation to an application (the additional application) for a visa by a contributory parent newborn child under subregulation 2.08AA (2) of the Migration Regulations 1994 if:
(a)the parent of the contributory parent newborn child applied for a visa mentioned in paragraph 2.08AA (2) (b) of those Regulations before 1 July 2009; and
(b)either:
(i)the parent was granted the visa before 1 July 2009; or
(ii)the parent’s application was not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 July 2009; and
(c)the contributory parent newborn child is taken to have made the additional application after 1 July 2009 because either:
(i)the contributory parent newborn child was granted the temporary visa mentioned in paragraph 2.08AA (2) (a) of those Regulations after 1 July 2009; or
(ii)the contributory parent newborn child was immigration cleared after 1 July 2009.
(7)The amendments made by Schedule 1 do not apply in relation to an application for a visa (the additional application) made by a person if:
(a)the person is added as an additional applicant (within the meaning of regulation 2.08A of the Migration Regulations 1994) to an application for a visa (the existing application) made by the original applicant (within the meaning of that regulation); and
(b)the additional applicant is taken, under paragraph 2.08A (1) (e) of those Regulations, to have applied for a visa of the same class as that applied for by the original applicant; and
(c)the existing application was made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009; and
(d)the additional application is taken to have been made on or after 1 July 2009 in accordance with paragraph 2.08A (1) (f) of those Regulations.
(8)The amendments made by Schedule 1 do not apply in relation to an application for a visa (the additional application) made by a person if:
(a)the person is added as a dependent child (within the meaning of regulation 2.08B of the Migration Regulations 1994) to an application for a visa (the existing application) made by the original applicant (within the meaning of that regulation); and
(b)the dependent child is taken, under paragraph 2.08B (1) (e) of those Regulations, to have applied for a visa of the same class as that applied for by the original applicant; and
(c)the existing application was made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009; and
(d)the additional application is taken to have been made on or after 1 July 2009 in accordance with paragraph 2.08B (1) (f) of those Regulations.
(9)Despite the amendments made by Schedule 1, if:
(a)a person applied before 1 July 2009 for 1 of the following visas (the relevant visa):
(i)a Subclass 100 (Spouse) visa; or
(ii)a Subclass 110 (Interdependency) visa; or
(iii)a Subclass 801 (Spouse) visa; or
(iv)a Subclass 814 (Interdependency) visa; and
(b)the application was not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 July 2009; and
(c)a holder of a Subclass 445 (Dependent Child) visa granted in relation to the person mentioned in paragraph (a) wishes to apply for the relevant visa;
the holder of the Subclass 445 (Dependent Child) visa may apply for the relevant visa, in accordance with the Migration Regulations 1994 as in force immediately before 1 July 2009, on the basis of satisfying the secondary criteria for the grant of the relevant visa.
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Despite the amendment of subregulation 1.09A (1) of the Migration Regulations 1994 made by Schedule 1:
(a)a person:
(i)who was under 18 immediately before 1 July 2009; and
(ii)to whom paragraph 2.43 (1) (h) of those Regulations applied immediately before 1 July 2009; and
(iii)who was a spouse or former spouse, within the meaning of spouse in paragraph 1.15A (1) (b) of those Regulations as in force immediately before 1 July 2009;
is taken to continue to be a spouse or former spouse within that meaning for the purposes of paragraph 2.43 (1) (h); and
(b)the definition of spouse in paragraph 1.15A (1) (b) of those Regulations, as in force immediately before 1 July 2009, is taken to continue to apply in relation to the person for the purposes of paragraph 2.43 (1) (h); and
(c)paragraph (a) ceases to apply in relation to the spouse or former spouse when he or she turns 18.
Note Regulation 1.09A of the Migration Regulations 1994 deals with de facto partners and de facto relationships. Before 1 July 2009, it dealt with interdependent relationships.
-
Subject to subregulation (4), if:
(a)immediately before 1 July 2009, a person was a spouse within the meaning of that word in regulation 1.15A of the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of spouse in section 5F of the Migration Act 1958 as in force on 1 July 2009;
the person is taken to be a spouse within the meaning given by section 5F of that Act.
-
Subject to subregulation (4), if:
(a)immediately before 1 July 2009, a person was a spouse within the meaning of that word in regulation 1.15A of the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of de facto partner in section 5CB of the Migration Act 1958 as in force on 1 July 2009;
the person is taken to be a de facto partner within the meaning given by section 5CB of that Act.
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If:
(a)immediately before 1 July 2009, a person was a sponsoring spouse within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of sponsoring partner in those Regulations as in force on 1 July 2009;
the person is taken to be a sponsoring partner within the meaning given by those Regulations.
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Subject to subregulation (3), if:
(a)immediately before 1 July 2009, a person was an interdependent partner within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of de facto partner in section 5CB of the Migration Act 1958 as in force on 1 July 2009;
the person is taken to be a de facto partner within the meaning given by section 5CB of that Act.
-
If:
(a)immediately before 1 July 2009, a person was a dependent child within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of dependent child in those Regulations as in force on 1 July 2009;
the person is taken to be a dependent child within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was an aged dependent relative within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of aged dependent relative in those Regulations as in force on 1 July 2009;
the person is taken to be an aged dependent relative within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was a close relative within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of close relative in those Regulations as in force on 1 July 2009;
the person is taken to be a close relative within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was a contributory parent newborn child within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of contributory parent newborn child in those Regulations as in force on 1 July 2009;
the person is taken to be a contributory parent newborn child within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was a foreign armed forces dependent within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of foreign armed forces dependent in those Regulations as in force on 1 July 2009;
the person is taken to be a foreign armed forces dependent within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was in a long‑term spouse relationship within the meaning of that term in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of long‑term partner relationship in those Regulations as in force on 1 July 2009;
the person is taken to be in a long‑term partner relationship within the meaning given by those Regulations.
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If:
(a)immediately before 1 July 2009, a person was a parent within the meaning of that word in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of parent in subsection 5 (1) of the Migration Act 1958 as in force on 1 July 2009;
the person is taken to be a parent within the meaning given by subsection 5 (1) of that Act.
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If:
(a)immediately before 1 July 2009, a person was a step‑child within the meaning of that word in the Migration Regulations 1994 as in force at that time; and
(b)the person meets the requirements of the definition of step‑child in those Regulations as in force on 1 July 2009;
the person is taken to be a step‑child within the meaning given by those Regulations.
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Amendment of Migration Regulations 1994 — Schedule 2
(1)Schedule 2 amends the Migration Regulations 1994.
(2)The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 1 July 2009.
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Amendment of Migration Regulations 1994 — Schedule 3
(1)Schedule 3 amends the Migration Regulations 1994.
(2)The amendments made by Schedule 3 apply in relation to an application for a visa made on or after 1 January 2010.
Schedule 1 Amendments of Migration Regulations 1994 — same‑sex relationships
(regulation 3)
[1] Regulation 1.03, definition of aged dependent relative, paragraph (a)
substitute
(a)does not have a spouse or de facto partner; and
[2] Regulation 1.03, definition of close relative, paragraphs (a), (b) and (c)
substitute
(a)the spouse or de facto partner of the person; or
(b)a child, parent, brother or sister of the person; or
(c)a step‑child, step‑brother or step‑sister of the person.
[3] Regulation 1.03, definition of contributory parent newborn child, paragraph (a)
omit
a natural child of a parent
insert
a child (other than an adopted child) of a parent
[4] Regulation 1.03, definition of contributory parent newborn child, paragraph (b)
omit
a natural child of a parent
insert
a child (other than an adopted child) of a parent
[5] Regulation 1.03, definition of dependent child
omit everything before paragraph (a), insert
dependent child, of a person, means the child or step‑child of the person (other than a child who is engaged to be married or has a spouse or de facto partner), being a child who:
[6] Regulation 1.03, definition of foreign armed forces dependant
after each mention of
spouse
insert
or de facto partner
[7] Regulation 1.03, definitions of interdependent partner and interdependent relationship
omit
[8] Regulation 1.03, definition of long‑term interdependent relationship
omit
[9] Regulation 1.03, definition of long‑term spouse relationship
omit everything before paragraph (a), insert
long‑term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued:
[10] Regulation 1.03, definition of marital relationship
omit
[11] Regulation 1.03, definition of parent
omit
[12] Regulation 1.03, definition of spouse
omit
[13] Regulation 1.03, definition of step‑child
substitute
step‑child, in relation to a parent, means:
(a)a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or
(b)a person who is not the child of the parent but:
(i)who is the child of the parent’s former spouse or former de facto partner; and
(ii)who has not turned 18; and
(iii)in relation to whom the parent has:
(A)a residence order in force under the Family Law Act 1975; or
(B)a specific issues order in force under the Family Law Act 1975 under which the parent is responsible for the child’s long‑term or day‑to‑day care, welfare and development; or
(C)guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
[14] Paragraph 1.05 (1) (a)
substitute
(a)a person is a child of another person (the parent) if the person is a child or step‑child of:
(i)the parent; or
(ii)a spouse or de facto partner of the parent; or
(iii)a former spouse or former de facto partner of the parent, if the child was born or adopted:
(A)before the parent became the spouse or de facto partner of the former spouse or former de facto partner; or
(B)while the parent was the spouse or de facto partner of the former spouse or former de facto partner; and
[15] Subparagraphs 1.05 (3) (d) (iv) and (v)
substitute
(iv)the parent is not in a married relationship or de facto relationship with the other parent.
[16] Regulation 1.09A
substitute
1.09ADe facto partner and de facto relationship
(1)For subsection 5CB (3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB (2) (a), (b), (c) and (d) of the Act exist.
Note 1 See regulation 2.03A for the prescribed criteria applicable to de facto partners.
Note 2 The effect of subsection 5CB (1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.
Subsection 5CB (2) sets out conditions about whether a de facto relationship exists, and subsection 5CB (3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions exist.
(2)If the Minister is considering an application for:
(a)a Partner (Migrant) (Class BC) visa; or
(b)a Partner (Provisional) (Class UF) visa; or
(c)a Partner (Residence) (Class BS) visa; or
(d)a Partner (Temporary) (Class UK) visa;
the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
(3)The matters for subregulation (2) are:
(a)the financial aspects of the relationship, including:
(i)any joint ownership of real estate or other major assets; and
(ii)any joint liabilities; and
(iii)the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv)whether one person in the relationship owes any legal obligation in respect of the other; and
(v)the basis of any sharing of day‑to‑day household expenses; and
(b)the nature of the household, including:
(i)any joint responsibility for the care and support of children; and
(ii)the living arrangements of the persons; and
(iii)any sharing of the responsibility for housework; and
(c)the social aspects of the relationship, including:
(i)whether the persons represent themselves to other people as being in a de facto relationship with each other; and
(ii)the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii)any basis on which the persons plan and undertake joint social activities; and
(d)the nature of the persons’ commitment to each other, including:
(i)the duration of the relationship; and
(ii)the length of time during which the persons have lived together; and
(iii)the degree of companionship and emotional support that the persons draw from each other; and
(iv)whether the persons see the relationship as a long‑term one.
(4)If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).
[17] Subclause 1.12 (1)
omit
Subject
insert
For the definition of member of the family unit in subsection 5 (1) of the Act, and subject
[18] Subparagraph 1.12 (1) (e) (i)
substitute
(i)does not have a spouse or de facto partner; and
[19] Sub‑subparagraph 1.12 (6) (b) (ix) (A)
substitute
(A)does not have a spouse or de facto partner; and
[20] Sub‑subparagraph 1.12 (6) (b) (x) (A)
substitute
(A)does not have a spouse or de facto partner; and
[21] Sub‑subparagraph 1.12 (7) (b) (ix) (A)
substitute
(A)does not have a spouse or de facto partner; and
[22] Sub‑subparagraph 1.12 (7) (b) (x) (A)
substitute
(A)does not have a spouse or de facto partner; and
[23] Paragraph 1.12 (10) (c)
after each mention of
spouse
insert
or de facto partner
[24] Paragraph 1.12 (10) (f)
substitute
(f)the person is not the spouse or de facto partner of another person.
[25] After regulation 1.14
insert
1.14AParent and child
(1)A reference in these Regulations to a parent includes a step‑parent.
(2)For subsection 5CA (2) of the Act, if a child has been adopted under formal adoption arrangements mentioned in paragraph 1.04 (1) (a) or (b) by a person or persons (the adoptive parent or parents):
(a)the child is taken to be the child of the adoptive parent or parents; and
(b)the child is taken not to be the child of any other person (including a person who had been the child’s parent or adoptive parent before the adoption).
Note 1 A child cannot have more than 2 parents (other than step‑parents) unless the child has been adopted under arrangements mentioned in paragraph 1.04 (1) (c).
Note 2 Parent is defined in subsection 5 (1) of the Act, and child is defined in section 5CA of the Act.
[26] Paragraph 1.15 (1) (a)
omit
step‑parent,
[27] Paragraph 1.15 (2) (a)
omit
step‑parent,
[28] Subregulation 1.15 (2) (b)
after each mention of
spouse
insert
or de facto partner
[29] Regulation 1.15A
substitute
1.15ASpouse
(1)For subsection 5F (3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F (2) (a), (b), (c) and (d) of the Act exist.
(2)If the Minister is considering an application for:
(a)a Partner (Migrant) (Class BC) visa; or
(b)a Partner (Provisional) (Class UF) visa; or
(c)a Partner (Residence) (Class BS) visa; or
(d)a Partner (Temporary) (Class UK) visa;
the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
(3)The matters for subregulation (2) are:
(a)the financial aspects of the relationship, including:
(i)any joint ownership of real estate or other major assets; and
(ii)any joint liabilities; and
(iii)the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv)whether one person in the relationship owes any legal obligation in respect of the other; and
(v)the basis of any sharing of day‑to‑day household expenses; and
(b)the nature of the household, including:
(i)any joint responsibility for the care and support of children; and
(ii)the living arrangements of the persons; and
(iii)any sharing of the responsibility for housework; and
(c)the social aspects of the relationship, including:
(i)whether the persons represent themselves to other people as being married to each other; and
(ii)the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii)any basis on which the persons plan and undertake joint social activities; and
(d)the nature of the persons’ commitment to each other, including:
(i)the duration of the relationship; and
(ii)the length of time during which the persons have lived together; and
(iii)the degree of companionship and emotional support that the persons draw from each other; and
(iv)whether the persons see the relationship as a long‑term one.
(4)If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).
[30] Regulation 1.20B, definition of sponsored person, subparagraph (a) (ii)
substitute
(ii)a person who is a member of the family unit of a person who is described in subparagraph (i); and
[31] Regulation 1.20B, definition of sponsored person, subparagraph (b) (ii)
substitute
(ii)a person who is a member of the family unit of a person who is described in subparagraph (i).
[32] Paragraph 1.20BA (c)
substitute
(c)a Subclass 457 (Business (Long Stay)) visa granted to a person who is a member of the family unit of a person who has been granted a Subclass 457 (Business (Long Stay)) visa on the basis that the requirements of subclause 457.223 (4) or (5) of Schedule 2 were met.
[33] Paragraph 1.20HC (1) (c)
substitute
(c)a Subclass 457 (Business (Long Stay)) visa granted to a person who is a member of the family unit of a person who has been granted a Subclass 457 (Business (Long Stay)) visa on the basis that the requirements of subclause 457.223 (4) or (5) of Schedule 2 were met.
[34] Regulation 1.20J, heading
substitute
1.20JLimitation on approval of sponsorships — spouse, partner, prospective marriage and interdependency visas
[35] Subregulation 1.20J (1)
substitute
(1AA)This regulation applies in relation to an application for:
(a)a Spouse (Provisional) (Class UF) visa; or
(b)a Partner (Provisional) (Class UF) visa; or
(c)a Prospective Marriage (Temporary) (Class TO) visa; or
(d)an Interdependency (Provisional) (Class UG) 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.
[36] Sub‑subparagraphs 1.23 (2) (a) (ii) (B), (C) and (D)
substitute
(B)the spouse or de facto partner of the alleged perpetrator; or
(C)both the alleged perpetrator and his or her spouse or de facto partner;
[37] Subparagraph 1.23 (2) (a) (iii)
omit
spouse);
insert
spouse or de facto partner); and
[38] Subparagraph 1.23 (2) (a) (iv)
omit
[39] Subregulation 1.25 (1)
substitute
(1)A statutory declaration under this regulation must be made by the spouse or de facto partner of the alleged perpetrator.
[40] Subregulation 2.03 (1)
after
visa)
insert
and subject to regulation 2.03A
[41] After regulation 2.03
insert
2.03ACriteria applicable to de facto partners
(1)In addition to the criteria prescribed by regulation 2.03, if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.
(2)If a person mentioned in subregulation (1) applies for a visa:
(a)the applicant is at least 18; and
(b)the person with whom the applicant claims to be in a de facto relationship is at least 18.
(3)Subject to subregulation (4), if:
(a)a person mentioned in subregulation (1) applies for:
(i)a permanent visa; or
(ii)a Business Skills (Provisional) (Class UR) visa; or
(iii)a Student (Temporary) (Class UT) visa; or
(iv)a Partner (Provisional) (Class UF) visa; or
(v)a Partner (Temporary) (Class UK) visa; or
(vi)a General Skilled Migration visa; and
(b)the applicant cannot establish compelling and compassionate circumstances for the grant of the visa;
the Minister must be satisfied that the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application.
(4)Subregulation (3) does not apply if the applicant applies on the basis of being:
(a)in a de facto relationship with a person who:
(i)is, or was, the holder of a permanent humanitarian visa; and
(ii)before the permanent humanitarian visa was granted, was in a de facto relationship with the applicant and informed Immigration of the existence of the relationship; or
(b)in a de facto relationship with a person who is an applicant for a permanent humanitarian visa.
[42] Paragraph 2.07AO (3) (x)
omit
[43] Paragraph 2.07AO (3) (z)
omit
[44] Subparagraphs 2.08A (1) (b) (i), (ii), (iii) and (iv)
substitute
(i)the spouse or de facto partner; or
(ii)a dependent child;
[45] Subparagraphs 2.08A (1) (c) (i), (ii), (iii) and (iv)
substitute
(i)the spouse or de facto partner; or
(ii)a dependent child;
[46] Paragraph 2.08B (1) (b)
substitute
(b)the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have a dependent child of the original applicant added to the original applicant’s application; and
[47] Paragraph 2.08B (1) (c)
substitute
(c)the request includes a statement that the original applicant claims that the dependent child is the dependent child of the original applicant; and
[48] Paragraphs 2.11 (2A) (a) and (b)
substitute
(a)if the first application was for a Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for both:
(i)a Spouse (Provisional) (Class UF) visa or a Partner (Provisional) (Class UF) visa; and
(ii)a Spouse (Migrant) (Class BC) visa or a Partner (Migrant) (Class BC) visa; and
(b)if the first application was for both:
(i)a Spouse (Provisional) (Class UF) visa or a Partner (Provisional) (Class UF) visa; and
(ii)a Spouse (Migrant) (Class BC) visa or a Partner (Migrant) (Class BC) visa;
the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa; and
[49] Paragraph 2.21A (1) (c)
omit
(Spouse (Provisional)) or
insert
(Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a
[50] Paragraph 2.26A (8) (b)
after each mention of
spouse
insert
or de facto partner
[51] Paragraph 3.01 (4) (d)
substitute
(d)sex, and marital or relationship status;
[52] Schedule 1, subparagraph 1104B (3) (d) (i)
omit
the spouse or former spouse
insert
the spouse or de facto partner of the applicant, or the former spouse or former de facto partner
[53] Schedule 1, sub‑subparagraph 1104B (3) (f) (i) (A)
omit
the spouse or former spouse
insert
the spouse or de facto partner of the applicant, or the former spouse or former de facto partner
[54] Schedule 1, sub‑subparagraph 1104B (3) (f) (i) (B)
omit
the spouse or former spouse
insert
the spouse or de facto partner of the applicant, or the former spouse or former de facto partner
[55] Schedule 1, subitem 1124B (4)
omit
814 (Interdependency)
[56] Schedule 1, subparagraph 1128BA (3) (l) (iii)
omit
spouse of the applicant seeking to satisfy the primary criteria, if the applicant’s spouse
insert
spouse or de facto partner of the applicant seeking to satisfy the primary criteria, if the applicant’s spouse or de facto partner
[57] Schedule 1, sub‑subparagraph 1128BA (3) (l) (iii) (B)
omit
child, or adoptive child,
insert
child
[58] Schedule 1, subparagraph 1129 (3) (a) (ii)
after
(Spouse (Provisional)) visa,
insert
a Subclass 309 (Partner (Provisional)) visa
[59] Schedule 1, subparagraph 1129 (3) (b) (ii)
after
(Spouse (Provisional)) visa,
insert
a Subclass 309 (Partner (Provisional)) visa
[60] Schedule 1, subparagraph 1129 (3) (c) (ii)
after
(Spouse (Provisional)) visa,
insert
a Subclass 309 (Partner (Provisional)) visa
[61] Schedule 1, subparagraph 1129 (3) (d) (ii)
after
(Spouse (Provisional)) visa,
insert
a Subclass 309 (Partner (Provisional)) visa
[62] Schedule 1, subitem 1129 (4)
omit
110 (Interdependency)
[63] Schedule 1, sub‑sub‑subparagraph 1130 (2) (b) (ia) (B) (II)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[64] Schedule 1, sub‑sub‑subparagraph 1130 (2) (b) (ia) (B) (III)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[65] Schedule 1, sub‑subparagraph 1130 (2) (b) (ii) (A)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[66] Schedule 1, sub‑sub‑subparagraph 1130A (2) (b) (ia) (B) (II)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[67] Schedule 1, sub‑sub‑subparagraph 1130A (2) (b) (ia) (B) (III)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[68] Schedule 1, sub‑subparagraph 1130A (2) (b) (ii) (A)
omit
natural or adopted child, or step‑child,
insert
child or step‑child
[69] Schedule 1, paragraph 1135 (3) (d)
substitute
(d)Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
[70] Schedule 1, paragraph 1136 (3) (c)
substitute
(c)Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
[71] Schedule 1, subitem 1214C (4)
omit
826 (Interdependency)
[72] Schedule 1, subitem 1220A (4)
omit
310 (Interdependency (Provisional))
[73] Schedule 1, sub‑subparagraph 1223A (2) (a) (vi) (B)
substitute
(B)applying for a visa that will permit the applicant to remain in Australia for more than 3 months, and who is a member of the family unit of an applicant mentioned in subparagraph (v): Nil
[74] Schedule 1, paragraph 1223A (3) (c)
omit everything after subparagraph (i), insert
(ii)claims to be a member of the family unit of a person who seeks to satisfy the primary criteria (the primary applicant);
the application may be made at the same time and place as, and combined with, an application by the primary applicant or any other applicant who claims to be a member of the family unit of the primary applicant.
[75] Schedule 1, subparagraph 1223A (3) (ca) (ii)
substitute
(ii)claims to be a member of the family unit of an applicant who seeks to satisfy, or has satisfied, the primary criteria on the basis of meeting the requirements of subclause 457.223 (2), (3), (4) or (10) of Schedule 2;
[76] Schedule 1, paragraph 1228 (3) (d)
substitute
(d)Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
[77] Schedule 1, paragraph 1229 (3) (b)
substitute
(b)Applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.
[78] Schedule 1, paragraph 1229 (3) (d)
substitute
(d)Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
[79] Schedule 1, subitem 1229 (9)
substitute
(9)The applicant must claim to be a member of the family unit of an applicant who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying the primary criteria for the grant of the visa.
[80] Schedule 2, Part 100, heading
substitute
Subclass 100 Partner
[81] Schedule 2, clause 100.111, definition of sponsoring spouse
substitute
sponsoring partner, in relation to an applicant, means:
(a)the person who was specified as the applicant’s spouse, intended spouse or de facto partner in the application that resulted in the grant of the Subclass 309 (Spouse (Provisional)) visa or Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221 (2) (a), (3) (a) or (4) (a), as the case requires; or
(b)for a person to whom the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
[82] Schedule 2, clause 100.111, note
substitute
Note Australian permanent resident, eligible New Zealand citizen, long‑term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act.
[83] Schedule 2, subparagraph 100.221 (2) (a) (i)
after
visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[84] Schedule 2, paragraph 100.221 (2) (b)
substitute
(b)the applicant is the spouse or de facto partner of the sponsoring partner; and
[85] Schedule 2, paragraph 100.221 (2A) (a)
after
visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[86] Schedule 2, paragraph 100.221 (2A) (b)
substitute
(b)the applicant is the spouse or de facto partner of the sponsoring partner; and
[87] Schedule 2, paragraph 100.221 (3) (a)
after
(Spouse (Provisional)) visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[88] Schedule 2, paragraph 100.221 (3) (c)
omit
spouse of the sponsoring spouse if the sponsoring spouse
insert
spouse or de facto partner of the sponsoring partner if the sponsoring partner
[89] Schedule 2, paragraph 100.221 (4) (a)
after
(Spouse (Provisional)) visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[90] Schedule 2, subparagraph 100.221 (4) (c) (i)
omit each mention of
sponsoring spouse
insert
sponsoring partner
[91] Schedule 2, paragraph 100.221 (4A) (a)
after
(Spouse (Provisional)) visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[92] Schedule 2, subclause 100.221 (5)
omit
long‑term spouse relationship with the sponsoring spouse
insert
long‑term partner relationship with the sponsoring partner
[93] Schedule 2, paragraph 100.221 (6) (b)
omit
spouse relationship
insert
married relationship or de facto relationship
[94] Schedule 2, paragraph 100.321 (a)
after
(Spouse (Provisional)) visa
insert
or a Subclass 309 (Partner (Provisional)) visa
[95] Schedule 2, sub‑subparagraph 100.321 (d) (i) (B)
substitute
(B)a Subclass 309 (Spouse (Provisional)) visa; or
(C)a Subclass 309 (Partner (Provisional)) visa;
[96] Schedule 2, sub‑subparagraph 100.321 (d) (ii) (A)
omit
Child) or Subclass 309 (Spouse (Provisional)) visa
insert
Child), a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa
[97] Schedule 2, Division 101.1, heading, note
omit
and spouse is defined in regulation 1.15A.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[98] Schedule 2, sub‑subparagraph 101.211 (1) (c) (i) (A)
substitute
(A)the child (other than an adopted child); or
[99] Schedule 2, subparagraph 102.211 (3) (c) (i)
omit
an unmarried person
insert
a person who is not in a married relationship or de facto relationship, and
[100] Schedule 2, Division 103.1, heading, note
omit
guardian, parent, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.
insert
guardian and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A) , and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[101] Schedule 2, paragraph 103.212 (2) (b)
after each mention of
spouse
insert
or de facto partner
[102] Schedule 2, paragraph 105.211 (b)
substitute
(b)is a child (other than a dependent child);
[103] Schedule 2, clause 105.223
substitute
105.223If the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27, the spouse or de facto partner of the applicant was, at the time of application, of working age.
[104] Schedule 2, subclause 105.224 (2)
after each mention of
spouse
insert
or de facto partner
[105] Schedule 2, paragraph 106.211 (b)
substitute
(b)is a child (other than a dependent child); or
[106] Schedule 2, subclause 106.223 (3)
after each mention of
spouse
insert
or de facto partner
[107] Schedule 2, subclause 106.223 (4)
after each mention of
spouse
insert
or de facto partner
[108] Schedule 2, Part 110
omit
[109] Schedule 2, Division 114.1, heading, note
omit
and spouse is defined in regulation 1.15A. There are no interpretation provisions specific to this Part.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[110] Schedule 2, paragraph 114.212 (1) (b)
after each mention of
spouse
insert
or de facto partner
[111] Schedule 2, Division 115.1, heading, note
omit
and spouse is defined in regulation 1.15A. There are no interpretation provisions specific to this Part.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[112] Schedule 2, paragraph 115.212 (b)
after each mention of
spouse
insert
or de facto partner
[113] Schedule 2, Division 116.1, heading, note
omit
and spouse is defined in regulation 1.15A. There are no interpretation provision specific to this Part.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[114] Schedule 2, paragraph 116.212 (b)
after each mention of
spouse
insert
or de facto partner
[115] Schedule 2, clause 117.111, note
omit
and spouse is defined in regulation 1.15A.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[116] Schedule 2, paragraph 117.212 (b)
after each mention of
spouse
insert
or de facto partner
[117] Schedule 2, Division 118.1, heading, note
omit
settled, spouse and working age parent are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.
insert
settled and working age parent are defined in regulation 1.03, balance of family test is defined in regulation 1.05, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[118] Schedule 2, paragraph 118.213 (2) (b)
after each mention of
spouse
insert
or de facto partner
[119] Schedule 2, paragraph 132.212 (a)
after each mention of
spouse
insert
or de facto partner
[120] Schedule 2, paragraph 132.212 (b)
after each mention of
spouse
insert
or de facto partner
[121] Schedule 2, clause 132.214
after each mention of
spouse
insert
or de facto partner
[122] Schedule 2, paragraph 137.214 (1) (b)
omit
spouse or former spouse
insert
spouse or de facto partner, or former spouse or former de facto partner,
[123] Schedule 2, paragraph 137.221 (b)
omit
spouse or former spouse
insert
spouse or de facto partner, or former spouse or former de facto partner,
[124] Schedule 2, paragraph 137.221A (1) (b)
omit
spouse or former spouse
insert
spouse or de facto partner, or former spouse or former de facto partner,
[125] Schedule 2, paragraph 137.222 (b)
omit
spouse or former spouse
insert
spouse or de facto partner, or former spouse or former de facto partner,
[126] Schedule 2, clause 138.211
omit
spouse, if the applicant’s spouse
insert
spouse or de facto partner, if the applicant’s spouse or de facto partner
[127] Schedule 2, paragraph 138.211 (b)
omit
or adoptive child, or a step‑child,
insert
or a step‑child
[128] Schedule 2, paragraph 139.211A (b)
omit
or adoptive child, or a step‑child,
insert
or a step‑child
[129] Schedule 2, clause 143.111, note
omit
parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05.
insert
parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[130] Schedule 2, paragraph 143.212 (2) (b)
after each mention of
spouse
insert
or de facto partner
[131] Schedule 2, paragraph 160.212 (a)
after each mention of
spouse
insert
or de facto partner
[132] Schedule 2, paragraph 160.212 (b)
after each mention of
spouse
insert
or de facto partner
[133] Schedule 2, clause 160.214
after each mention of
spouse
insert
or de facto partner
[134] Schedule 2, clause 161.213
after each mention of
spouse
insert
or de facto partner
[135] Schedule 2, subclause 162.212 (2)
after each mention of
spouse
insert
or de facto partner
[136] Schedule 2, subclause 162.212 (3)
after each mention of
spouse
insert
or de facto partner
[137] Schedule 2, clause 162.222
after each mention of
spouse
insert
or de facto partner
[138] Schedule 2, clause 163.213
after each mention of
spouse
insert
or de facto partner
[139] Schedule 2, clause 164.213
after each mention of
spouse
insert
or de facto partner
[140] Schedule 2, subclause 165.212 (2)
after each mention of
spouse
insert
or de facto partner
[141] Schedule 2, subclause 165.212 (3)
after each mention of
spouse
insert
or de facto partner
[142] Schedule 2, clause 165.222
after each mention of
spouse
insert
or de facto partner
[143] Schedule 2, Division 173.1, heading, note
omit
parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.
insert
parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[144] Schedule 2, paragraph 173.212 (2) (b)
after each mention of
spouse
insert
or de facto partner
[145] Schedule 2, Division 175.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[146] Schedule 2, clause 175.225
omit everything before paragraph (d), insert
175.225Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 175 visa, is a person who:
[147] Schedule 2, paragraph 175.227 (a)
substitute
(a)is a member of the family unit of the applicant; and
[148] Schedule 2, Division 175.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[149] Schedule 2, clause 175.311
substitute
175.311The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 175.21 and made a combined application with that person.
[150] Schedule 2, clause 175.321
substitute
175.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 175 visa.
[151] Schedule 2, Division 176.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[152] Schedule 2, subparagraph 176.222 (3) (a) (iv)
omit everything before sub‑subparagraph (C), insert
(iv)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 176 visa), as:
(A)a parent; or
(B)a child or a step‑child; or
[153] Schedule 2, clause 176.226
omit everything before paragraph (d), insert
176.226Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 176 visa, is a person who:
[154] Schedule 2, paragraph 176.228 (a)
substitute
(a)is a member of the family unit of the applicant; and
[155] Schedule 2, Division 176.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[156] Schedule 2, clause 176.311
substitute
176.311The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 176.21 and made a combined application with that person.
[157] Schedule 2, clause 176.321
substitute
176.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 176 visa.
[158] Schedule 2, subparagraphs 204.212 (2) (b) (i), (ii) and (iii)
substitute
(i)the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii)the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
[159] Schedule 2, clause 300.111, note
omit
citizen, guardian and parent are defined in regulation 1.03.
insert
citizen and guardian are defined in regulation 1.03, and parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A).
[160] Schedule 2, subparagraphs 300.212 (2) (b) (i), (ii) and (iii)
substitute
(i)the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii)the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
[161] Schedule 2, Part 309, heading
substitute
Subclass 309 Partner (Provisional)
[162] Schedule 2, clause 309.111, note
omit
citizen, guardian, parent and spouse are defined in regulation 1.03
insert
citizen and guardian are defined in regulation 1.03, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A)
[163] Schedule 2, subclause 309.211 (2), note
omit
[164] Schedule 2, subclause 309.212 (1)
omit
spouse, or intended spouse,
insert
spouse, de facto partner or intended spouse
[165] Schedule 2, subclause 309.212 (2)
substitute
(2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if:
(a)the applicant is a male person; and
(b)the spouse, de facto partner or intended spouse is a woman who was granted a woman‑at‑risk visa within the 5 years immediately preceding the application; and
(c)on the date of grant of that visa:
(i)the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii)the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
[166] Schedule 2, paragraph 309.213 (1) (a)
after each mention of
spouse
insert
or de facto partner
[167] Schedule 2, clause 309.223
after each mention of
spouse
insert
or de facto partner
[168] Schedule 2, Part 310
omit
[169] Schedule 2, clause 405.221
after each mention of
spouse
insert
or de facto partner
[170] Schedule 2, subclause 405.227 (2)
after each mention of
spouse
insert
de facto partner
[171] Schedule 2, subclause 405.227 (3)
after each mention of
spouse
insert
de facto partner
[172] Schedule 2, paragraph 405.227 (4) (b)
substitute
(b)other than resources relating to inheritance, or to the applicant’s, the spouse’s or the de facto partner’s superannuation or pension — have been held by any combination of:
(i)the applicant; and
(ii)the applicant’s spouse or de facto partner; and
(iii)the applicant and his or her spouse or de facto partner together;
throughout the 2 years immediately before the application for an Investor Retirement (Class UY) visa is made.
[173] Schedule 2, paragraph 405.227 (5) (b)
omit
a spouse — the spouse’s
insert
a spouse or de facto partner — the spouse’s or de facto partner’s
[174] Schedule 2, subclause 405.227 (7)
after each mention of
spouse
insert
or de facto partner
[175] Schedule 2, subclause 405.228 (2)
after each mention of
spouse
insert
or de facto partner
[176] Schedule 2, subclause 405.228 (3)
after each mention of
spouse
insert
or de facto partner
[177] Schedule 2, subparagraph 405.228 (5) (a) (ii)
omit
a spouse — the spouse’s
insert
a spouse or de facto partner — the spouse’s or de facto partner’s
[178] Schedule 2, subparagraph 405.228 (5) (b) (ii)
omit
a spouse — the spouse’s
insert
a spouse or de facto partner — the spouse’s or de facto partner’s
[179] Schedule 2, subclause 405.228 (6A)
after each mention of
spouse
insert
or de facto partner
[180] Schedule 2, subclause 405.228 (8)
after each mention of
spouse
insert
or de facto partner
[181] Schedule 2, clause 405.312
after each mention of
spouse
insert
or de facto partner
[182] Schedule 2, clause 405.323
after each mention of
spouse
insert
or de facto partner
[183] Schedule 2, subclause 410.221 (3)
after each mention of
spouse
insert
or de facto partner
[184] Schedule 2, subclause 410.221 (8)
after each mention of
spouse
insert
or de facto partner
[185] Schedule 2, clause 410.312
after each mention of
spouse
insert
or de facto partner
[186] Schedule 2, after paragraph 445.111 (a)
insert
(aa)Subclass 309 (Partner (Provisional));
[187] Schedule 2, after paragraph 445.111 (d)
insert
(da)Subclass 820 (Partner);
[188] Schedule 2, subparagraph 450.211 (a) (ii)
after each mention of
spouse
insert
or de facto partner
[189] Schedule 2, Division 457.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[190] Schedule 2, clause 457.227A
omit
[191] Schedule 2, clause 457.321
substitute
457.321The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 visa.
[192] Schedule 2, clause 457.321A
omit
[193] Schedule 2, clause 457.324A
substitute
457.324AThe applicant is a member of the family unit of the applicant who satisfied the criterion in clause 457.223 of being sponsored by an approved sponsor within the meaning of section 140D of the Act, and is included in that sponsorship.
[194] Schedule 2, paragraphs 457.325 (c) and (d)
substitute
(c)if the applicant is a member of the family unit of an applicant who seeks to meet the requirements of subclause 457.223 (7A) — satisfies public interest criterion 4005; and
(d)unless the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223 (9) — satisfies public interest criterion 4006A.
[195] Schedule 2, paragraph 457.511 (e)
omit
[196] Schedule 2, Division 459.1, heading, note
omit
and spouse is defined in regulation 1.15A. There are no interpretative provisions specific to this Part.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[197] Schedule 2, Division 475.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[198] Schedule 2, paragraph 475.213 (3) (d)
omit everything before subparagraph (iii), insert
(d)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 475 visa) as:
(i)a parent; or
(ii)a child or a step‑child; or
[199] Schedule 2, clause 475.226
omit everything before paragraph (d), insert
475.226Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 475 visa, is a person who:
[200] Schedule 2, paragraph 475.228 (a)
substitute
(a)is a member of the family unit of the applicant; and
[201] Schedule 2, Division 475.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[202] Schedule 2, paragraph 475.311 (a)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[203] Schedule 2, paragraph 475.311 (b)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[204] Schedule 2, clause 475.321
substitute
475.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 475 visa.
[205] Schedule 2, Division 476.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[206] Schedule 2, clause 476.224
omit everything before paragraph (d), insert
476.224Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:
[207] Schedule 2, paragraph 476.225 (a)
substitute
(a)is a member of the family unit of the applicant; and
[208] Schedule 2, Division 476.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[209] Schedule 2, paragraph 476.311 (a)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[210] Schedule 2, paragraph 476.311 (b)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[211] Schedule 2, clause 476.321
substitute
476.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.
[212] Schedule 2, Division 485.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[213] Schedule 2, clause 485.226
omit everything before paragraph (d), insert
485.226Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 485 visa, is a person who:
[214] Schedule 2, paragraph 485.227 (a)
substitute
(a)is a member of the family unit of the applicant; and
[215] Schedule 2, Division 485.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[216] Schedule 2, paragraph 485.311 (a)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[217] Schedule 2, paragraph 485.311 (b)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[218] Schedule 2, clause 485.321
substitute
485.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 485 visa.
[219] Schedule 2, Division 487.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[220] Schedule 2, paragraph 487.213 (3) (d)
omit everything before subparagraph (iii), insert
(d)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 487 visa), as:
(i)a parent; or
(ii)a child or a step‑child; or
[221] Schedule 2, clause 487.230
omit everything before paragraph (d), insert
487.230Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 487 visa, is a person who:
[222] Schedule 2, paragraph 487.232 (a)
substitute
(a)is a member of the family unit of the applicant; and
[223] Schedule 2, Division 487.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[224] Schedule 2, paragraph 487.311 (a)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[225] Schedule 2, paragraph 487.311 (b)
omit
, or the interdependent partner or a dependent child of the interdependent partner,
[226] Schedule 2, clause 487.312
omit
[227] Schedule 2, clause 487.321
substitute
487.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 487 visa.
[228] Schedule 2, paragraph 496.212 (c)
omit
spouse, if the applicant’s spouse
insert
spouse or de facto partner, if the applicant’s spouse or de facto partner
[229] Schedule 2, subparagraph 496.212 (c) (ii)
omit
adoptive child, or a step‑child,
insert
a step‑child
[230] Schedule 2, Part 801, heading
substitute
Subclass 801 Partner
[231] Schedule 2, clause 801.111, definition of sponsoring spouse, including the note
substitute
sponsoring partner means:
(a)the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for the Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa as the spouse or de facto partner of the applicant; or
(b)for a person to whom the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant a Subclass 820 (Spouse) visa or a Subclass 820 (Partner) visa — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note Australian permanent resident, eligible New Zealand citizen and long‑term partner relationship are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[232] Schedule 2, paragraph 801.221 (2) (c)
substitute
(c)the applicant is the spouse or de facto partner of the sponsoring partner; and
[233] Schedule 2, paragraph 801.221 (2A) (a)
after
visa
insert
or a Subclass 820 (Partner) visa
[234] Schedule 2, paragraph 801.221 (2A) (b)
substitute
(b)the applicant is the spouse or de facto partner of the sponsoring partner; and
[235] Schedule 2, paragraph 801.221 (5) (c)
omit
spouse of the sponsoring spouse if the sponsoring spouse
insert
spouse or de facto partner of the sponsoring partner if the sponsoring partner
[236] Schedule 2, subclause 801.221 (6)
omit each mention of
sponsoring spouse
insert
sponsoring partner
[237] Schedule 2, subclause 801.221 (6A)
omit
long‑term spouse relationship with the sponsoring spouse
insert
long‑term partner relationship with the sponsoring partner
[238] Schedule 2, paragraph 801.311 (3) (a)
after
visa
insert
or a Subclass 820 (Partner) visa
[239] Schedule 2, subparagraph 801.311 (3) (b) (i)
after
visa
insert
or a Subclass 820 (Partner) visa
[240] Schedule 2, sub‑subparagraph 801.321 (a) (i) (B)
substitute
(B)a Subclass 820 (Spouse) visa; or
(C)a Subclass 820 (Partner) visa;
[241] Schedule 2, sub‑sub‑subparagraph 801.321 (a) (iii) (A) (II)
substitute
(II)a Subclass 820 (Spouse) visa; or
(III)a Subclass 820 (Partner) visa;
[242] Schedule 2, sub‑subparagraph 801.321 (a) (iii) (B)
omit
Child) or Subclass 820 (Spouse) visa
insert
Child) visa, Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa
[243] Schedule 2, paragraph 804.212 (2) (b)
after each mention of
spouse
insert
or de facto partner
[244] Schedule 2, Part 814
omit
[245] Schedule 2, Part 820, heading
substitute
Subclass 820 Partner
[246] Schedule 2, clause 820.111, definition of sponsoring spouse
substitute
sponsoring partner means:
(a)for an applicant who is, or was, the holder of a prospective marriage (temporary) visa — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for that visa as the person whom the applicant intended to marry after entry into Australia; or
(b)for any other applicant — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant.
[247] Schedule 2, clause 820.111, note
after
regulation 1.03.
insert
For de facto partner, see section 5CB of the Act (also see regulation 1.09A). For spouse, see section 5F of the Act (also see regulation 1.15A).
[248] Schedule 2, paragraph 820.211 (2) (a)
omit everything before subparagraph (i), insert
(a)the applicant is the spouse or de facto partner of a person who:
[249] Schedule 2, subparagraph 820.211 (2) (c) (i)
after each mention of
spouse
insert
or de facto partner
[250] Schedule 2, subclause 820.211 (2B)
omit everything before paragraph (a), insert
(2B) The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if:
[251] Schedule 2, subparagraphs 820.211 (2B) (b) (i), (ii) and (iii)
substitute
(i)the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii)the applicant was the spouse or de facto partner of that woman, and that relationship had not been declared to Immigration.
[252] Schedule 2, paragraph 820.211 (7) (d)
omit
sponsoring spouse if the sponsoring spouse
insert
sponsoring partner if the sponsoring partner
[253] Schedule 2, subclause 820.211 (8)
omit each mention of
sponsoring spouse
insert
sponsoring partner
[254] Schedule 2, subclause 820.211 (9)
omit each mention of
sponsoring spouse
insert
sponsoring partner
[255] Schedule 2, paragraph 820.221 (2) (b)
omit
spouse of the sponsoring spouse if the sponsoring spouse
insert
spouse or de facto partner of the sponsoring partner if the sponsoring partner
[256] Schedule 2, subclause 820.221 (3)
omit each mention of
sponsoring spouse
insert
sponsoring partner
[257] Schedule 2, Part 826
omit
[258] Schedule 2, clause 835.111, note
omit
regulation 1.15 and spouse is defined in regulation 1.15A.
insert
regulation 1.15, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[259] Schedule 2, paragraph 835.213 (b)
after each mention of
spouse
insert
or de facto partner
[260] Schedule 2, paragraph 836.213 (b)
after each mention of
spouse
insert
or de facto partner
[261] Schedule 2, clause 837.111, note
omit
and spouse is defined in regulation 1.15A.
insert
de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[262] Schedule 2, paragraph 837.214 (b)
after each mention of
spouse
insert
or de facto partner
[263] Schedule 2, paragraph 838.213 (b)
after each mention of
spouse
insert
or de facto partner
[264] Schedule 2, paragraph 845.212 (b)
omit
spouse or former spouse
insert
spouse or de facto partner of the applicant, or former spouse or former de facto partner
[265] Schedule 2, paragraph 845.212 (c)
omit
spouse or former spouse
insert
spouse or de facto partner of the applicant, or former spouse or former de facto partner
[266] Schedule 2, clause 845.214
after each mention of
spouse
insert
or de facto partner
[267] Schedule 2, clause 845.215
after each mention of
spouse
insert
or de facto partner
[268] Schedule 2, clause 846.213
after each mention of
spouse
insert
or de facto partner
[269] Schedule 2, clause 846.214
after each mention of
spouse
insert
or de facto partner
[270] Schedule 2, paragraph 850.311 (b)
after each mention of
spouse
insert
or de facto partner
[271] Schedule 2, paragraph 850.321 (5) (c)
after each mention of
spouse
insert
or de facto partner
[272] Schedule 2, subparagraph 850.321 (5) (d) (i)
omit
spouse relationship between the spouse
insert
married relationship or de facto relationship between the spouse or de facto partner
[273] Schedule 2, subparagraph 850.321 (5) (d) (ii)
omit
spouse relationship between the spouse
insert
married relationship or de facto relationship between the spouse or de facto partner
[274] Schedule 2, clause 862.211
omit
spouse, if the applicant’s spouse
insert
spouse or de facto partner, if the applicant’s spouse or de facto partner
[275] Schedule 2, paragraph 862.211 (b)
omit
adoptive child, or a step‑child,
insert
a step‑child
[276] Schedule 2, clause 863.211
omit
spouse, if the applicant’s spouse
insert
spouse or de facto partner, if the applicant’s spouse or de facto partner
[277] Schedule 2, paragraph 863.211 (b)
omit
adoptive child, or a step‑child,
insert
a step‑child
[278] Schedule 2, clause 864.111, note
omit
parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05.
insert
parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[279] Schedule 2, paragraph 864.213 (2) (b)
after each mention of
spouse
insert
or de facto partner
[280] Schedule 2, paragraph 883.211 (c)
omit
spouse, if the applicant’s spouse
insert
spouse or de facto partner, if the applicant’s spouse or de facto partner
[281] Schedule 2, subparagraph 883.211 (c) (ii)
omit
adoptive child, or a step‑child,
insert
a step‑child
[282] Schedule 2, Division 884.1, heading, note
omit
parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.
insert
parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
[283] Schedule 2, paragraph 884.212 (2) (b)
after each mention of
spouse
insert
or de facto partner
[284] Schedule 2, Division 885.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[285] Schedule 2, clause 885.226
omit everything before paragraph (d), insert
885.226Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 885 visa, is a person who:
[286] Schedule 2, paragraph 885.228 (a)
substitute
(a)is a member of the family unit of the applicant; and
[287] Schedule 2, Division 885.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[288] Schedule 2, clause 885.311
substitute
885.311The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 885.21 and made a combined application with that person.
[289] Schedule 2, clause 885.321
substitute
885.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 885 visa.
[290] Schedule 2, Division 886.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[291] Schedule 2, subparagraph 886.222 (3) (a) (iv)
omit everything before sub‑subparagraph (C), insert
(iv)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 886 visa), as:
(A)a parent; or
(B)a child or a step‑child; or
[292] Schedule 2, clause 886.227
omit everything before paragraph (d), insert
886.227Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 886 visa, is a person who:
[293] Schedule 2, paragraph 886.229 (a)
substitute
(a)is a member of the family unit of the applicant; and
[294] Schedule 2, Division 886.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[295] Schedule 2, clause 886.311
substitute
886.311The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 886.21 and made a combined application with that person.
[296] Schedule 2, clause 886.321
substitute
886.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 886 visa.
[297] Schedule 2, Division 887.2, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[298] Schedule 2, clause 887.225
omit
, or the interdependent partner, or dependent child of the interdependent partner,
[299] Schedule 2, paragraph 887.227 (a)
substitute
(a)is a member of the family unit of the applicant; and
[300] Schedule 2, Division 887.3, heading, note
omit
, or the interdependent partner or dependent child of the interdependent partner,
[301] Schedule 2, clause 887.311
substitute
887.311The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.
[302] Schedule 2, clause 887.312
omit
[303] Schedule 2, clause 887.321
substitute
887.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 887 visa.
[304] Schedule 2, clause 890.212
after each mention of
spouse
insert
or de facto partner
[305] Schedule 2, clause 890.214
after each mention of
spouse
insert
or de facto partner
[306] Schedule 2, clause 890.215
after each mention of
spouse
insert
or de facto partner
[307] Schedule 2, clause 892.212
after each mention of
spouse
insert
or de facto partner
[308] Schedule 2, paragraph 892.215 (b)
omit
the spouse or former spouse
insert
the spouse or de facto partner of the applicant, or former spouse or former de facto partner
[309] Schedule 2, paragraph 892.215 (c)
omit
the spouse or former spouse
insert
the spouse or de facto partner of the applicant, or former spouse or former de facto partner
[310] Schedule 2, clause 988.512, table, item 3, column 2, subparagraph (b) (ii)
omit
spouse or a dependent child of the spouse
insert
spouse, de facto partner or dependent child of the spouse or de facto partner
[311] Schedule 4, paragraph 4011 (3) (b)
substitute
(b)marital or relationship status;
[312] Schedule 6, Part 4, table, item 6401, column 2
omit
, an adopted son or adopted daughter
[313] Schedule 6, Part 4, table, item 6402, column 2
omit
a parent, an adoptive parent or step‑parent
insert
or a parent
[314] Schedule 6A, Part 5, heading
substitute
Part 5 Spouse or de facto partner skill qualifications
[315] Schedule 6A, Part 5, table, item 6A51, column 2
after each mention of
spouse
insert
or de facto partner
[316] Schedule 6A, Part 9, table, item 6A91, column 2
omit
spouse, if the spouse
insert
spouse or de facto partner, if the spouse or de facto partner
[317] Schedule 6A, Part 9, table, item 6A91, column 2, paragraph (d)
omit
child, adoptive child or step‑child,
insert
child or step‑child
[318] Schedule 7, Part 4, heading
substitute
Part 4 Net assets of applicant or of applicant and applicant’s spouse or de facto partner together
[319] Schedule 8, clause 8515
after
marry
insert
or enter into a de facto relationship
[320] Further amendments
|
Provision |
omit |
insert |
| Subparagraph 1.05 (3) (d) (ii) | spouse | spouse or de facto partner |
| Paragraph 1.11 (1) (c) | spouse | spouse or de facto partner |
| Subregulation 1.11A (1) | spouse | spouse or de facto partner |
| Paragraph 1.11A (2) (c) | spouse | spouse or de facto partner |
| Subregulation 1.11A (4) | spouse | spouse or de facto partner |
| Paragraph 1.12 (1) (a) | spouse | spouse or de facto partner |
| Paragraph 1.12 (1) (b) | spouse | spouse or de facto partner |
| Paragraph 1.12 (1) (c) | spouse | spouse or de facto partner |
| Paragraph 1.12 (1) (e) | of a spouse | of a spouse or de facto partner |
| Paragraph 1.12 (2) (a) | spouse | spouse or de facto partner |
| Paragraph 1.12 (2) (b) | spouse | spouse or de facto partner |
| Paragraph 1.12 (2A) (a) | spouse | spouse or de facto partner |
| Paragraph 1.12 (2A) (b) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (6) (b) (ii) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (6) (b) (iv) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (6) (b) (vi) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (6) (b) (x) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (7) (b) (ii) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (7) (b) (iv) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (7) (b) (vi) | spouse | spouse or de facto partner |
| Subparagraph 1.12 (7) (b) (x) | spouse | spouse or de facto partner |
| Paragraph 1.12AA (1) (a) | spouse | spouse or de facto partner |
| Subparagraph 1.14 (a) (ii) | spouse | spouse or de facto partner |
| Paragraph 1.15 (1) (c) | spouse | spouse or de facto partner |
| Paragraph 1.15 (2) (a) | spouse | spouse or de facto partner |
| Paragraph 1.20J (1A) (a) | paragraph (1) (a) or (b) | subregulation (1AA) |
| Paragraph 1.20J (1A) (b) | paragraph (1) (a) or (b) | subregulation (1AA) |
| Sub‑subparagraph 1.20L (2) (b) (ii) (A) | spouse, | spouse, de facto partner |
| Subparagraph 1.20LAA (2) (a) (ii) | spouse | spouse or de facto partner |
| Subparagraph 1.20LAA (2) (a) (iv) | spouse | spouse or de facto partner |
| Subparagraph 1.23 (2) (a) (i) | spouse | spouse or de facto partner |
| Subparagraph 1.23 (2) (a) (iii) | of a spouse | of a spouse or de facto partner |
| Paragraph 2.07AO (3) (u) | (Spouse) | (Partner) |
| Paragraph 2.07AO (3) (y) | (Spouse) | (Partner) |
| Regulation 2.07AP, example | spouse | spouse, de facto partner |
| Subparagraph 2.20 (4) (a) (ii) | spouse | spouse or de facto partner |
| Paragraph 2.20 (10) (c) | spouse | spouse or de facto partner |
| Paragraph 2.27 (b) | spouse | spouse or de facto partner |
| Paragraph 2.27 (c) | spouse | spouse or de facto partner |
| Paragraph 2.27A (1) (b) | spouse | spouse or de facto partner |
| Paragraph 2.27A (2) (a) | spouse | spouse or de facto partner |
| Subregulation 2.40 (3) | spouse | spouse or de facto partner |
| Paragraph 2.43 (1) (j) | spouse, | spouse, de facto partner, |
| Subparagraph 3.01 (2) (e) (ii) | spouse | spouse, de facto partner |
| Subregulation 3.03AA (2), table, item 102, column 2 | spouse | spouse or de facto partner |
| Subregulation 3.03AA (2), table, item 104, column 2, paragraph (b) | spouse | spouse or de facto partner |
| Subregulation 3.03AA (2), table, item 104, column 2, paragraph (c) | spouse | spouse or de facto partner |
| Subregulation 3.03AA (2), table, item 202, column 2 | spouse | spouse or de facto partner |
| Subregulation 3.03AA (2), table, item 204, column 2, paragraph (b) | spouse | spouse or de facto partner |
| Subregulation 3.03AA (2), table, item 204, column 2, paragraph (c) | spouse | spouse or de facto partner |
| Paragraph 3.03AA (3) (b) | spouse | spouse or de facto partner |
| Subregulation 4.12 (6) | spouse, | spouse, de facto partner, |
| Paragraph 4.23 (1) (a) | spouse, | spouse, de facto partner, |
| Paragraph 5.43 (a) | spouse | spouse or de facto partner |
| Schedule 1, subitem 1124B (4) | (Spouse) | (Partner) |
| Schedule 1, subparagraph 1128C (3) (c) (ii) | spouse | spouse or de facto partner |
| Schedule 1, subitem 1129 (4) | (Spouse) | (Partner) |
|
Schedule 1, paragraph 1136 (7) (b) |
spouse or interdependent partner | spouse or de facto partner |
| Schedule 1, paragraph 1212B (3) (c) | spouse | spouse or de facto partner |
| Schedule 1, subitem 1214C (4) | (Spouse) | (Partner) |
| Schedule 1, subparagraph 1217 (3) (d) (iii) | spouse | spouse or de facto partner |
| Schedule 1, subparagraph 1217A (2) (a) (iv) | spouse | spouse, de facto partner |
| Schedule 1, paragraph 1217A (3) (c) | spouse | spouse, de facto partner |
| Schedule 1, subitem 1220A (4) | (Spouse | (Partner |
| Schedule 1, sub‑subparagraph 1223A (2) (a) (vi) (A) | spouse | spouse, de facto partner |
| Schedule 1, subparagraph 1223A (3) (ae) (ii) | interdependent partner | de facto partner |
| Schedule 1, subparagraph 1223A (3) (b) (ii) | spouse | spouse, de facto partner |
| Schedule 1, paragraph 1227 (3) (e) | spouse | spouse, de facto partner |
| Schedule 1, paragraph 1229 (8) (b) | interdependent partner | de facto partner |
| Schedule 2, paragraph 100.221 (3) (b) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 100.221 (4) (b) | sponsoring spouse | sponsoring partner |
| Schedule 2, subparagraph 100.221 (4) (c) (ii) | sponsoring spouse | sponsoring partner |
| Schedule 2, subclause 100.221 (6) | sponsoring spouse | sponsoring partner |
| Schedule 2, clause 100.226 | sponsoring spouse | sponsoring partner |
| Schedule 2, subparagraph 101.212 (c) (ii) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 101.213 (1) (a) (ii) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 101.213 (1) (a) (iii) | spouse | spouse or de facto partner |
| Schedule 2, clause 102.111, definition of prospective adoptive parent, paragraph (b) | spouses | spouses or de facto partners |
| Schedule 2, subparagraph 102.211 (3) (c) (ii) | spouses | spouses or de facto partners |
| Schedule 2, subparagraph 102.211 (3) (d) (ii) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 102.211 (4) (c) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 102.211 (4) (e) (ii) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 102.211 (5) (b) | spouse | spouse or de facto partner |
| Schedule 2, clause 105.222, note | spouse | spouse or de facto partner |
| Schedule 2, sub‑subparagraph 106.213 (d) (ii) (B) | spouse | spouse or de facto partner |
| Schedule 2, subclause 106.214 (3) | spouse | spouse or de facto partner |
| Schedule 2, clause 132.216 | spouse | spouse or de facto partner |
| Schedule 2, clause 138.225, note | spouse | spouse or de facto partner |
| Schedule 2, paragraph 138.228 (b) | spouse | spouse or de facto partner |
| Schedule 2, clause 139.218 | spouse | spouse or de facto partner |
| Schedule 2, paragraph 139.228 (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 139.228 (c) | spouse | spouse or de facto partner |
| Schedule 2, clause 160.218 | spouse | spouse or de facto partner |
| Schedule 2, clause 161.216 | spouse | spouse or de facto partner |
| Schedule 2, clause 162.216 | spouse | spouse or de facto partner |
| Schedule 2, clause 162.218 | spouse | spouse or de facto partner |
| Schedule 2, clause 163.216 | spouse | spouse or de facto partner |
| Schedule 2, clause 164.215 | spouse | spouse or de facto partner |
| Schedule 2, clause 165.215 | spouse | spouse or de facto partner |
| Schedule 2, clause 165.216 | spouse | spouse or de facto partner |
| Schedule 2, subclause 204.212 (1) | spouse | spouse or de facto partner |
| Schedule 2, subclause 204.212 (2) | spouse is prohibited | spouse or de facto partner is prohibited |
| Schedule 2, paragraph 204.212 (2) (a) | spouse | spouse or de facto partner |
| Schedule 2, subclause 309.211 (2) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 405.227 (4) (a) (ii) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 405.227 (4) (a) (iii) | spouse | spouse or de facto partner |
| Schedule 2, subclause 405.227 (5) | her spouse | her spouse or de facto partner |
| Schedule 2, paragraph 405.228 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 405.228 (4) (c) | spouse | spouse or de facto partner |
| Schedule 2, subclause 405.228 (5) | her spouse | her spouse or de facto partner |
| Schedule 2, subclause 405.228 (7) | spouse | spouse or de facto partner |
| Schedule 2, clause 405.311 | spouse | spouse or de facto partner |
| Schedule 2, clause 405.321 | spouse | spouse or de facto partner |
| Schedule 2, subclause 410.221 (4) | spouse | spouse or de facto partner |
| Schedule 2, clause 410.311 | spouse | spouse or de facto partner |
| Schedule 2, paragraph 410.321 (1) (a) | spouse | spouse or de facto partner |
| Schedule 2, subclause 410.321 (2) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 450.212 (c) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 450.213 (a) (ii) | spouse | spouse or de facto partner |
| Schedule 2, clause 456.311 | spouse, | spouse, de facto partner |
| Schedule 2, clause 456.321 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 456.323 (b) | spouse, | spouse, de facto partner |
| Schedule 2, clause 456.514 | spouse | spouse, de facto partner |
| Schedule 2, sub‑subparagraph 457.223 (7A) (a) (i) (B) | spouse | spouse or de facto partner |
| Schedule 2, clause 459.311 | spouse, | spouse, de facto partner |
| Schedule 2, clause 459.321 | spouse, | spouse, de facto partner |
| Schedule 2, clause 459.613 | spouse | spouse or de facto partner |
|
Schedule 2, clause 459.613A |
spouse | spouse or de facto partner |
| Schedule 2, paragraph 570.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 570.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 570.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 570.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 571.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 571.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 571.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 571.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 572.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 572.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 572.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 572.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 573.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 573.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 573.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 573.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 574.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 574.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 574.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 574.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 575.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 575.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 575.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 575.312 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, paragraph 576.211 (2) (b) | spouse | spouse, de facto partner |
| Schedule 2, subparagraph 576.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 576.226 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 576.312 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, clause 580.111, definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 2, clause 580.111, definition of acceptable individual, paragraph (d) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 580.211 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, subparagraph 580.211 (3) (b) (iv) | spouse, | spouse, de facto partner |
| Schedule 2, clause 580.228 | spouse | spouse, de facto partner |
| Schedule 2, paragraph 580.311 (2) (b) | spouse, | spouse, de facto partner |
| Schedule 2, paragraph 676.212 (a) | spouse, | spouse, de facto partner, |
| Schedule 2, paragraph 679.211 (a) | spouse, | spouse, de facto partner, |
|
Schedule 2, paragraph 773.213 (1) (a) |
spouse | spouse or de facto partner |
| Schedule 2, paragraph 801.221 (2) (b) | (Spouse) | (Partner) |
| Schedule 2, subparagraph 801.221 (2) (b) (i) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 801.221 (5) (b) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 801.221 (8) (a) | (Spouse) | (Partner) |
| Schedule 2, paragraph 802.213 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 802.213 (5) (d) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 802.214 (1) (a) (ii) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 802.214 (1) (a) (iii) | spouse | spouse or de facto partner |
| Schedule 2, sub‑subparagraph 802.215 (b) (iii) (B) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 820.211 (2) (a) (ii) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (2B) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 820.211 (3) (e) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (4) (e) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (5) (e) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (6) (b) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (6) (d) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (7) (b) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.211 (7) (c) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.221 (2) (a) | sponsoring spouse | sponsoring partner |
| Schedule 2, paragraph 820.511 (a) | (Spouse) | (Partner) |
| Schedule 2, clause 845.218 | spouse | spouse or de facto partner |
| Schedule 2, paragraph 845.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 845.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 845.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 845.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, clause 846.217 | spouse | spouse or de facto partner |
| Schedule 2, paragraph 846.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 846.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 846.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 846.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, Division 850.2, heading, note | spouse | spouse or de facto partner |
| Schedule 2, clause 850.222 | spouse | spouse or de facto partner |
| Schedule 2, Division 850.3, heading, note | spouse | spouse or de facto partner |
| Schedule 2, paragraph 850.312 (c) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 850.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, subclause 850.321 (4) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 850.321 (5) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 850.321 (5) (b) | spouse | spouse or de facto partner |
| Schedule 2, subparagraph 850.321 (5) (d) (ii) | of the spouse | of the spouse or de facto partner |
| Schedule 2, paragraph 855.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 855.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 855.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 855.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 856.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 856.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 856.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 856.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 857.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 857.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 857.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 857.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 858.321 (3) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 858.321 (4) (a) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 858.321 (4) (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 858.321 (4) (d) | spouse | spouse or de facto partner |
| Schedule 2, clause 859.321 | spouse | spouse or de facto partner |
| Schedule 2, clause 862.225, note | spouse | spouse or de facto partner |
| Schedule 2, paragraph 862.228 (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 863.228 (b) | spouse | spouse or de facto partner |
| Schedule 2, paragraph 863.228 (c) | spouse | spouse or de facto partner |
| Schedule 2, clause 881.224, note | spouse | spouse or de facto partner |
| Schedule 2, subclause 881.232 (1) | spouse | spouse or de facto partner |
| Schedule 2, subclause 882.233 (1) | spouse | spouse or de facto partner |
| Schedule 2, clause 890.216 | spouse | spouse or de facto partner |
| Schedule 2, clause 891.211 | spouse | spouse or de facto partner |
| Schedule 2, clause 891.222 | spouse | spouse or de facto partner |
| Schedule 2, clause 892.214 | spouse | spouse or de facto partner |
| Schedule 2, clause 893.211 | spouse | spouse or de facto partner |
| Schedule 2, clause 893.223 | spouse | spouse or de facto partner |
| Schedule 2, Division 988.2, heading, note | spouse | spouse, de facto partner |
| Schedule 2, Division 988.3, heading, note | spouse | spouse, de facto partner |
| Schedule 2, paragraph 988.321 (a) | spouse | spouse or de facto partner |
| Schedule 2, clause 988.512, table, item 1, column 2, subparagraph (a) (ii) | spouse | spouse, de facto partner |
| Schedule 2, clause 988.512, table, item 1, column 2, paragraph (b) | spouse | spouse, de facto partner |
| Schedule 2, clause 988.512, table, item 2, column 2, subparagraph (b) (ii) | spouse | spouse, de facto partner |
| Schedule 2, clause 988.512, table, item 2, column 2, paragraph (c) | spouse | spouse, de facto partner |
| Schedule 2, clause 988.512, table, item 3, column 2, paragraph (c) | spouse | spouse, de facto partner |
| Schedule 5A, subclause 5A104 (1), table, item 1, column 3, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A104 (1), table, item 2, column 3, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A104 (1), table, item 3, column 3, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A104 (1), table, item 4, column 3, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A205 (2), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
|
Schedule 5A, subclause 5A305 (2), definition of acceptable individual, paragraph (b) |
spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A405 (2), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A505 (2), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A605 (2), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5A, subclause 5A705 (2), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5B, paragraph 5B102 (1) (b) | spouse | spouse or de facto partner |
| Schedule 5B, subclause 5B201 (3), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 5B, subclause 5B202 (3), definition of acceptable individual, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 6, Part 6, table, item 6601, column 2, sub‑subparagraph (c) (ii) (B) | spouse | spouse or de facto partner |
| Schedule 6A, Part 9, table, item 6A91, column 2, paragraph (d) | spouse | spouse or de facto partner |
| Schedule 7, Part 1, table, item 7170, column 2, paragraph (a) | spouse | spouse or de facto partner |
| Schedule 7, Part 1, table, item 7170, column 2, paragraph (b) | spouse | spouse or de facto partner |
| Schedule 7, Part 1, table, item 7180, column 2 | spouse | spouse or de facto partner |
| Schedule 7, Part 1, table, item 7181, column 2 | spouse | spouse or de facto partner |
| Schedule 8, paragraph 8523 (a) | spouse | spouse or de facto partner |
| Schedule 9, Part 1, table, item 12, column 3, paragraph (b) | spouse | spouse, de facto partner |
| Schedule 9, Part 1, table, item 13, column 3, paragraph (b) | spouse | spouse, de facto partner |
Schedule 2 Amendments relating to English language skills commencing on 1 July 2009
(regulation 4)
[1] Regulation 1.15E
substitute
1.15EConcessional competent English
Subclass 475 (Skilled — Regional Sponsored) visa
(1)If a person applies for a Subclass 475 (Skilled — Regional Sponsored) visa, the person has concessional competent English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was made:
(a)an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
Subclass 487 (Skilled — Regional Sponsored) visa
(2)If a person applies for a Subclass 487 (Skilled — Regional Sponsored) visa, the person has concessional competent English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was made:
(a)an IELTS test average band score of at least 5.5 for the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
[2] Schedule 2, clause 175.111, note 6
omit
[3] Schedule 2, clause 175.213
substitute
175.213The applicant has competent English.
[4] Schedule 2, clause 176.111, note 6
omit
[5] Schedule 2, clause 176.213
substitute
176.213The applicant has competent English.
[6] Schedule 2, clause 475.111, note 2
omit
[7] Schedule 2, clause 475.111, note 7
omit
[8] Schedule 2, clause 475.214
substitute
475.214The applicant has concessional competent English.
[9] Schedule 6B, item 6B33
substitute
| 6B33 |
The applicant: (a) has applied for: (i) a Subclass 487 (Skilled — Regional Sponsored) visa; or (ii) a Subclass 885 (Skilled — Independent) visa; or (iii) a Subclass 886 (Skilled — Sponsored) visa; and (b) has nominated a skilled occupation in Major Group IV in the Australian Standard Classification of Occupations; and (c) has vocational English |
15 |
[10] Schedule 6B, item 6B34
omit
a Subclass 475 (Skilled — Regional Sponsored) visa or
[11] Schedule 6B, after item 6B34
insert
| 6B35 |
The applicant: (a) has applied for a Subclass 475 (Skilled — Regional Sponsored) visa; and (b) has concessional competent English |
15 |
[12] Schedule 6B, item 6B101
substitute
| 6B101 |
The spouse or de facto partner of the applicant: (a) is an applicant for: (i) a Subclass 175 (Skilled — Independent) visa; or (ii) a Subclass 176 (Skilled — Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
5 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
|
(f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and (g) has competent English; and |
||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day | ||
| 6B102 |
The spouse or de facto partner of the applicant: (a) is an applicant for a Subclass 475 (Skilled — Regional Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
15 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
| (f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and | ||
| (g) has concessional competent English; and | ||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day | ||
| 6B103 |
The spouse or de facto partner of the applicant: (a) is an applicant for a Subclass 487 (Skilled — Regional Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
5 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
| (f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and | ||
|
(g) either: (i) has nominated a skilled occupation in Major Group IV in the Australian Standard Classification of Occupations and has vocational English; or |
||
|
(ii) if the Minister has approved a nomination by a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the nominating State or Territory; or |
||
|
(iii) if the Minister has accepted a sponsorship by a person living in a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the State or Territory in which the sponsor resides; and |
||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day | ||
| 6B104 |
The spouse or de facto partner of the applicant: (a) is an applicant for: (i) a Subclass 885 (Skilled — Independent) visa; or (ii) a Subclass 886 (Skilled — Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
5 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
| (f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and | ||
|
(g) either: (i) has nominated a skilled occupation in Major Group IV in the Australian Standard Classification of Occupations and has vocational English; or |
||
| (ii) has competent English; and | ||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day |
Schedule 3 Amendments relating to English language skills commencing on 1 January 2010
(regulation 5)
[1] Subregulation 1.15B (5)
omit
[2] Regulation 1.15E
substitute
1.15EConcessional competent English
If a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was made:
(a)an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
[3] Schedule 2, clause 485.111, note 6
omit
[4] Schedule 2, clause 485.215
substitute
485.215The applicant has competent English.
[5] Schedule 2, clause 487.111, note 2
omit
[6] Schedule 2, clause 487.111, note 6
omit
[7] Schedule 2, clause 487.215
substitute
487.215Either:
(a)the applicant has concessional competent English; or
(b)the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for this paragraph.
[8] Schedule 2, clause 487.224
substitute
487.224If the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for paragraph 487.215 (b), the applicant has concessional competent English.
[9] Schedule 2, clause 885.111, note 6
omit
[10] Schedule 2, clause 885.213
substitute
885.213The applicant has competent English.
[11] Schedule 2, clause 886.111, note 6
omit
[12] Schedule 2, clause 886.213
substitute
886.213The applicant has competent English.
[13] Schedule 6B, items 6B33, 6B34 and 6B35
substitute
| 6B33 |
The applicant: (a) has applied for: (i) a Subclass 475 (Skilled — Regional Sponsored) visa; or (ii) a Subclass 487 (Skilled — Regional Sponsored) visa; and (b) has concessional competent English |
15 |
[14] Schedule 6B, items 6B101 to 6B104
substitute
| 6B101 |
The spouse or de facto partner of the applicant: (a) is an applicant for: (i) a Subclass 175 (Skilled — Independent) visa; or (ii) a Subclass 176 (Skilled — Sponsored) visa; or (iii) a Subclass 885 (Skilled — Independent) visa; or (ii) a Subclass 886 (Skilled — Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
5 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
|
(f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and (g) has competent English; and |
||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day | ||
| 6B102 |
The spouse or de facto partner of the applicant: (a) is an applicant for: (i) a Subclass 475 (Skilled — Regional Sponsored) visa; or (ii) a Subclass 487 (Skilled — Regional Sponsored) visa; and (b) is an applicant for the same subclass of visa as the applicant; and |
5 |
|
(c) is not an Australian permanent resident or an Australian citizen; and (d) is, at the time of application, under 45 years of age; and (e) has nominated a skilled occupation in his or her application; and |
||
|
(f) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation; and (g) has concessional competent English; and |
||
|
(h) either: (i) has met the australian study requirement: (A) in the period of 6 months ending immediately before the day the application was made; and (B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or |
||
| (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day |
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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