Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Cth)

Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 23 July 2021

David Hurley

Governor‑General

By His Excellency’s Command

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

1Name

This instrument is the Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	30 July 2021.	30 July 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1

Paragraph 1239(3)(f) of Schedule 1

Omit “does not exceed 10 years”, substitute “is less than 10 years”.

2

Paragraph 870.511(1)(b) of Schedule 2

After “subclauses (2)”, insert “, (2A)”.

3

Paragraph 870.511(2)(b) of Schedule 2

After “held by the applicant”, insert “(other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa)”.

4

After subclause 870.511(2) of Schedule 2

Insert:

1. (2A)

   If:

   1. (a)

      the visa is in effect on 1 July 2021; and

   2. (b)

      the holder of the visa is outside Australia on 1 July 2021;

then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa.

5

Subclause 870.511(3) of Schedule 2

Omit “earlier than the date specified under paragraph (1)(b) for the visa”, substitute:

earlier than:

1. (a)

   if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or

2. (b)

   in any other case—the date specified under paragraph (1)(b) for the visa.