Migration Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 10 April 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration,
Local Government and Ethnic Affairs
——————
1.1 These Regulations, other than subregulations 22.1, 29.2, 29.3 and 42.1, commence on 15 April 1991.
1.2 Subregulations 22.1, and 42.1 are taken to have commenced on 19 December 1989.
1.3 Subregulations 29.2 and 29.3 are taken to have commenced on 20 February 1990.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1) (definition of “de facto spouse”):
Omit the definition, substitute:
3.2 Subregulation 2 (1) (definition of “extended eligibility entry permit)”: Omit the definition, substitute:
3.3 Subregulation 2 (1) (definition of “priority list of occupations”): Omit the definition.
3.4 Subregulation 2 (1) (definition of “relative” , paragraph (a)):
Omit “refugee:”, substitute “refugee, an interdependency (temporary) visa or entry permit, an extended eligibility (interdependency) visa or entry permit or an interdependency (permanent) visa or entry permit:”.
3.5 Subregulation 2 (1) (definition of “sponsor”):
Omit the definition, substitute:
(a) a person who is not less than 18 years of age and is:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(iii) if the applicant is a dependent child of the holder of an extended eligibility (spouse) entry permit or an extended eligibility (interdependency) entry permit— that holder; or
(b) an organisation in Australia;
who or which:
(c) is approved by the Minister for the purpose of entering into sponsorship of the application; and
(d) has entered into the sponsorship;”.
3.6 Subregulation 2 (1) (definition of “temporary resident visa”, paragraph (a)):
Omit “47 and 60”, substitute “47, 60 and 62”.
4.1 After regulation 3, insert:
“3a. (1) For the purposes of these Regulations, a person is the de facto spouse of another person if, at the time when an application for a visa or entry permit is made by either of the persons, they:
(a) have lived together, during the immediately preceding 6 months (or such lesser period as is specified in a particular case, under subregulation (2)), on a genuinely domestic basis as spouses without being legally married to each other; and
(b) are not of the same sex.
“(2) For the purposes of subregulation (1), the Minister may, on written application, specify a period of less than 6 months if the Minister is satisfied that:
(a) there are exceptional circumstances affecting the persons; and
(b) there are compelling reasons for specifying that lesser period.”.
5.1 Subparagraph 13 (2) (a) (iii):
Omit “59 and 60”, substitute “59, 60, 61, 62 and 63”.
5.2 Subparagraph 13 (2) (a) (v):
Omit “14 and 15”, substitute “14, 15 and 16”.
6.1 Subregulation 17 (1):
Add at the end:
“(o) the condition that during the period of validity of the visa, there is no material change in the circumstances on the basis of which the visa is granted.”.
7.1 Paragraph 22b (2) (c):
Omit “permit.”, substitute “permit; or”.
7.2 Subregulation 22b (2):
Add at the end:
“(d) an extended eligibility (interdependency) entry permit.”.
8.1 After regulation 22d, insert:
“22e. (1) An application by a person for an extended eligibility (spouse) entry permit also has effect as an application for a further extended eligibility (spouse) entry permit if:
(a) the first mentioned application is made:
(i) at the same time as an application for a spouse (after entry) entry permit; and
(ii) on the form approved by the Minister for the purposes of this regulation; and
(b) at the expiration of the period of validity of an entry permit granted in respect of the first-mentioned application, the Minister has determined, in writing, that more time is required to make a decision on the application for the spouse (after entry) entry permit.
“(2) An application by a person for an extended eligibility (interdependency) entry permit also has effect as an application for a further extended eligibility (interdependency) entry permit if:
(a) the first mentioned application is made:
(i) at the same time as an application for an interdependency (permanent) entry permit; and
(ii) on the form approved by the Minister for the purposes of this regulation; and
(b) when the period of validity of an entry permit granted in respect of the first-mentioned application has expired, the Minister has determined, in writing, that more time is required to make a decision on the application for the interdependency (permanent) entry permit.”.
9.1 Subregulation 28 (1):
Add at the end:
“(m) the condition that during the period of validity of the entry permit, there is no material change in the circumstances on the basis of which the entry permit is granted.”.
10.1 Subregulation 34a (2):
Omit “135,” and “135 (d),”.
11.1 After subregulation 35aa (1), insert:
“(1a) Despite any other provision in these Regulations, except subregulation (2), the Minister may grant an entry permit to a person who:
(a) is an illegal entrant by reason only of the operation of subsection 14 (2) of the Act; and
(b) satisfies the prescribed criteria in relation to that kind of entry permit (other than, if applicable, the prescribed criterion that the person be the holder of a valid entry permit and the criteria prescribed by subregulation 42 (1a));
if the person applies for the entry permit before being served, or before the expiry of 7 working days after the day on which he or she is served, with a notice by the Minister to the effect that the person is an illegal entrant.”.
12.1 Paragraph 36 (2) (i):
Omit “permit.”, substitute “permit;”.
12.2 Subregulation 36 (2):
Add at the end:
“(j) an extended eligibility (spouse) visa or entry permit;
(k) an interdependency (temporary) visa or entry permit;
(l) an extended eligibility (interdependency) visa or entry permit;
(m) an interdependency (permanent) entry permit.”.
12.3 Subregulation 36 (4):
Omit all the words after paragraph (d), substitute:
“(e) interdependency (temporary) visa;
(f) an extended eligibility (spouse) visa;
(g) an extended eligibility (interdependency) visa;
and
(h) any equivalent entry permit; or
(i) an interdependency (permanent) entry permit.”.
13.1 Subparagraph 40 (1) (q) (ii):
Omit the subparagraph, substitute:
“(ii) has made an application:
(A) before 19 December 1989—for a determination of refugee status under paragraph 47 (1) (d) of the Act; or
(B) in relation to such a determination—for reconsideration by the Minister of the determination;
which application had not been decided before 10 December 1990, or:
(C) on or after 19 December 1989—for a determination of refugee status under paragraph 47 (1) (d) of the Act; or
(D) for an extended eligibility (other) entry permit, an extended eligibility (limited) entry permit or a humanitarian grounds entry permit;”.
13.2 Paragraph 40 (1) (1):
Omit “127 (a) (vi)”, substitute “127 (a) (vi);”.
13.3 Paragraph 40 (1) (r):
Omit “1991.”, substitute “1991;”.
13.4 Subregulation 40 (1):
Add at the end:
“(s) the person receives a notice by the Minister to the effect that the person is an illegal entrant by reason of the operation of subsection 14 (2) of the Act.”.
13.4 Subparagraph 40 (2) (d) (iii):
Omit “September 1990.”, substitute “September 1990;”.
13.5 Subregulation 40 (2):
Add at the end:
“(e) the person:
(i) satisfies the criteria specified in paragraph 130a (1) (a); and
(ii) began the relationship referred to in subparagraph 130a (1) (a) (ii) before 19 December 1989.”.
14.1 Subregulation 42 (2):
After “34,”, insert “34b,”.
14.2 Subregulation 42 (2):
After “59b,”, insert “59c, 59d,”.
14.3 Subregulation 42 (2):
Omit “(inclusive) and 74 to 78 (inclusive)”, substitute “(inclusive), 74 to 78 (inclusive), 90 and 94a”.
15.1 After regulation 44, insert:
“44a. (1) The additional criteria for an extended eligibility (spouse) visa are:
(a) if the applicant is in Australia on the day the application is made—that the applicant is the holder of a valid extended eligibility (spouse) entry permit; or
(b) if the applicant is not in Australia on the day the application is made:
(i) that the applicant was the holder of a valid extended eligibility (spouse) entry permit immediately before his or her last departure from Australia; and
(ii) that the Minister is satisfied that the relationship between the applicant and his or her spouse that met a criterion for the grant of that entry permit is genuine and continuing; or
(c) if the applicant is a dependent child of the holder of a valid extended eligibility (spouse) visa or entry permit:
(i) that the applicant is not in Australia at the time the application is made; and
(ii) that the applicant satisfies the criteria specified in items 5 and 10 of Schedule 1; and
(iii) that the sponsorship of the applicant by that holder is approved by the Minister; and
(iv) that the Minister is satisfied that the grant of the visa would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, the applicant.
“(2) In this regulation,
‘holder of an extended eligibility (spouse) entry permit’ does not include a holder who applied for that entry permit before the commencement of this regulation.”.
16.1 Omit the regulation, substitute:
“51. The additional criteria in relation to an employer nomination visa are the following criteria:
(a) the applicant is nominated by an employer in respect of an approved appointment under Part 6a, in that employer’s business;
(b) in relation to the approved appointment, the applicant is highly skilled within the meaning of subregulation 166a (2);
(c) unless the approved appointment is exceptional—the applicant is, at the time of making the application, less than 55 years of age;
(d) in the case of an applicant in relation to an appointment referred to in subparagraph 166a (1) (c) (ii)—the Minister is satisfied that the applicant has a genuine intention to reside permanently in Australia.”.
17.1 After regulation 79, insert:
“79a. (1) The additional criteria for an interdependency (temporary) visa are that, at the time when the application for the visa is decided:
(a) the applicant:
(i) is sponsored by a person who:
(A) is an Australian citizen or Australian permanent resident; and
(B) is not a member of the family unit, or other relative, of the applicant;
being a person who has a relationship with the applicant that is acknowledged by both and that involves:
(C) residing together; and
(D) being closely interdependent; and
(E) having a continuing commitment to mutual emotional and financial support; and
(ii) satisfies the Minister that the relationship with the sponsor:
(A) is genuine; and
(B) has existed for a period of at least 6months (or such lesser period as the Minister specifies) immediately before the application is made; and
(C) will continue; and
(iii) if the applicant has dependent children—all such children (whether or not accompanying the applicant) satisfy:
(A) the public interest criteria that are applicable; and
(B) the prescribed health criteria specified in item 10 in Schedule 1; or
(b) the applicant is a dependent child of another applicant for an interdependency (temporary) visa (in this paragraph referred to as the
‘principal applicant’) and:(i) the principal applicant is granted an interdependency (temporary) visa; and
(ii) the sponsorship of the principal applicant expressly extends to that child; and
(iii) the Minister is satisfied that the grant of the visa would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, that child.”.
“(2) For the purposes of subregulation (1), the Minister may, on written application, specify a period of less than 6 months if the Minister is satisfied that:
(a) there are exceptional circumstances affecting the persons referred to in paragraph (1) (a); and
(b) there are compelling reasons for specifying that lesser period.
“(3) An applicant referred to in paragraph (1) (a) who is less than 18 years of age at the time the application is made is not entitled to be granted an interdependency (temporary) visa.”.
18.1 Omit “immediate”, substitute “close”.
19.1 After regulation 107b, insert:
“107c. The additional criteria for an extended eligibility (interdependency) visa are:
(a) if the applicant is in Australia on the day the application is made—that the applicant is the holder of a valid extended eligibility (interdependency) entry permit; or
(b) if the applicant is not in Australia on the day the application is made:
(i) that the applicant was the holder of a valid extended eligibility (interdependency) entry permit immediately before his or her last departure from Australia; and
(ii) that the Minister is satisfied that the relationship between the applicant and his or her nominator that met a criterion for the grant of that entry permit is genuine and continuing; or
(c) if the applicant is a dependent child of the holder of a valid extended eligibility (interdependency) visa or entry permit:
(i) that the applicant is not in Australia at the time the application is made; and
(ii) that the applicant satisfies the criteria specified in items 5 and 10 of Schedule 1; and
(iii) that the sponsorship of the applicant by that holder is approved by the Minister; and
(iv) that the Minister is satisfied that the grant of the visa would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, the applicant.”.
20.1 Paragraph 108 (6) (b):
Omit “permit.”, substitute “permit; or”.
20.2 Subregulation 108 (6):
Add at the end:
“(c) an applicant for, or the holder of, an extended eligibility (spouse) visa or entry permit; or
(d) an applicant for, or the holder of:
(i) an interdependency (temporary) visa or entry permit;
or
(ii) an extended eligibility (interdependency) visa or entry permit.”.
21.1 Paragraph 117a (1) (b):
Omit “granted refugee status by the Minister;”, substitute “determined by the Minister to have refugee status;”.
21.2 Subparagraph 117a (1) (c) (ii):
Omit “X—ray”, substitute “X-ray”.
21.3 Subregulation 117a (2):
Omit the subregulation, substitute:
“(2) The period specified under paragraph 24 (1) (d) in relation to a domestic protection (temporary) entry permit must not exceed 4 years.”.
22.1 After regulation 119k, insert:
“119l. The following criteria are prescribed in relation to a special equivalent 1989 (temporary) entry permit:
(a) the applicant:
(i) is the holder of a valid visa that he or she applied for before 19 December 1989; and
(ii) would have been granted a temporary entry permit if he or she had entered Australia before 19 December 1989; and
(b) there is, in relation to that visa, no temporary entry permit that is an equivalent entry permit.
“119m. The following criteria are prescribed in relation to a special equivalent 1989 (permanent) entry permit:
(a) the applicant:
(i) is the holder of a valid visa that he or she applied for before 19 December 1989; and
(ii) would have been granted an entry permit other than a temporary entry permit if he or she had entered Australia before 19 December 1989; and
(b) there is, in relation to that visa, no permanent entry permit that is an equivalent entry permit.”.
23.1 Omit “permit or a domestic worker (diplomatic or consular)”, substitute “permit, domestic worker (diplomatic or consular) entry permit or an interdependency (temporary)”.
24.1 Paragraph 121 (e):
Omit “permit or a medical treatment”, substitute “permit, medical treatment entry permit or an interdependency (temporary)”.
25.1 Omit “permit or a domestic worker (diplomatic or consular)”, substitute “permit, domestic worker (diplomatic or consular) entry permit or an interdependency (temporary)”.
26.1 Omit “permit or a domestic worker (diplomatic or consular)”, substitute “permit, domestic worker (diplomatic or consular) entry permit or an interdependency (temporary)”.
27.1 Omit the regulation, substitute:
“126. (1) The prescribed criteria in relation to an extended eligibility (spouse) entry permit are that, at the time when the application for the permit is decided:
(a) the applicant:
(i) is the spouse of :
(A) an Australian citizen; or
(B) an Australian permanent resident;
who:
(C) was the spouse of the applicant when the application was made; and
(D) nominated the applicant for grant of the entry permit; and
(E) has a marital relationship with the applicant that is genuine and continuing; and
(ii) is not an illegal entrant, other than:
(A) a prescribed applicant referred to in paragraph 42 (1c) (a), (b), (ba) or (c);or
(B) a person who, before becoming an illegal entrant, entered Australia as an exempt non-citizen referred to in paragraph (b) or (e) of the definition of
‘exempt non-citizen’ in subsection 4 (1) of the Act; and(iii) if the applicant has dependent children—all such children (whether or not accompanying the applicant) satisfy:
(A) the public interest criteria that are applicable; and
(B) the prescribed health criteria specified in item 10 in Schedule 1; or
(b) the applicant is a person who:
(i) would satisfy the criteria specified in paragraph (a) except that his or her spouse has died; and
(ii) satisfies the Minister that the marital relationship was genuine and, had the spouse not died, would have continued; and
(iii) has developed close business, cultural or personal ties in Australia; or
(c) the applicant is a dependent child of the holder of an extended eligibility (spouse) entry permit and:
(i) is in Australia; and
(ii) satisfies:
(A) the public interest criteria that are applicable; and
(B) the prescribed health criteria specified in item 10 in Schedule 1; and
(iii) satisfies the Minister that grant of the entry permit would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, that child; or
(d) the applicant, being a person who is, or was at time of making the application, the holder of an extended eligibility (spouse) entry permit—has applied for a spouse (after entry) permit in respect of which the Minister has:
(i) not made a decision; and
(ii) determined, in writing, that more time is required to make a decision.
“(2) The holder of a transit entry permit is not entitled to be granted an extended eligibility (spouse) entry permit.
“(3) An extended eligibility (spouse) entry permit must not have a period of validity greater than 2 years.
“(4) This regulation is taken to apply to a person who meets the criterion specified in sub-subparagraph (1) (a) (ii) (B) as if the regulation had commenced operation on 19 December 1989.”.
28.1 After regulation 129, insert:
“130a. (1) The prescribed criteria for an extended eligibility (interdependency) entry permit are that, at the time when the application for the entry permit is decided:
(a) the applicant:
(i) is nominated for the grant of the entry permit by a person who:
(A) is an Australian citizen or Australian permanent resident; and
(B) is not a member of the family unit, or other relative of the applicant;
being a person who has a relationship with the applicant that is acknowledged by both and that involves:
(C) residing together; and
(D) being closely interdependent; and
(E) having a continuing commitment to mutual emotional and financial support; and
(ii) satisfies the Minister that the relationship with the nominator:
(A) has existed for a period of at least 6 months (or such lesser period as the Minister specifies) immediately before the application is made; or
(B) in the case of an applicant who is the holder of a valid interdependency (temporary) entry permit—is the same relationship as the relationship that satisfied a criterion for the grant of the interdependency (temporary) entry permit;
and that that relationship:
(C) is genuine; and
(D) will continue; and
(iii) is not an illegal entrant, other than:
(A) a prescribed applicant referred to in paragraph 42 (1c) (a) or (c); or
(B) a person who, before becoming an illegal entrant, entered Australia as an exempt non-citizen referred to in paragraph (b) or (e) of the definition of
‘exempt non-citizen’ in subsection 4 (1) of the Act; and(iv) if the applicant has dependent children—all such children (whether or not accompanying the applicant) satisfy:
(A) the public interest criteria that are applicable; and
(B) the prescribed health criteria specified in item 10 in Schedule 1; or
(b) the applicant is a person who:
(i) satisfies the criteria specified in paragraph (a) except that his or her nominator has died; and
(ii) satisfies the Minister that the relationship with the nominator was genuine and, had the nominator not died, would have continued; and
(iii) has developed close business, cultural or personal ties in Australia; or
(c) the applicant is a dependent child of another applicant for an extended eligibility (interdependency) entry permit (in this paragraph referred to as the
‘principal applicant’ ) and:(i) the child is in Australia; and
(ii) the principal applicant is granted an extended eligibility (interdependency) entry permit; and
(iii) the nomination of the principal applicant expressly extends to that child; and
(iv) the Minister is satisfied that the grant of the entry permit would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, that child; or
(d) the applicant, being a person who is, or was at time of making the application, the holder of an extended eligibility (interdependency) entry permit—has applied for an interdependency (permanent) permit in respect of which the Minister has:
(i) not made a decision; and
(ii) determined, in writing, that more time is required to make a decision.
“(2) For the purposes of subregulation (1), the Minister may, on written application, specify a period of less than 6 months if the Minister is satisfied that:
(a) there are exceptional circumstances affecting the persons referred to in subparagraph (1) (a); and
(b) there are compelling reasons for specifying that lesser period.
“(3) A person who:
(a) is the holder of a transit entry permit; or
(b) being a person referred to in paragraph (1) (a) or (b)—is less than 18 years of age at the time the application is made;
is not entitled to be granted an extended eligibility (interdependency) entry permit.
“(4) An extended eligibility (interdependency) entry permit must not have a period of validity greater than 2 years.”.
29.1 Subparagraph 131 (b):
Omit “criteria.”, substitute “criteria;”.
29.2 Paragraph 131 (c):
Omit “(except those relating to health and character)”.
29.3 Paragraph 131 (c):
Omit
“
(i) the requirements relating to health and character; and
(ii) the requirement that the applicant be the holder of a temporary entry permit;”.
29.4 Paragraph 131 (e):
Omit “determined.”, substitute “determined;”.
29.5 Add at the end:
“(f) in the case of an applicant for an extended eligibility (spouse) entry permit:
(i) the applicant, before becoming an illegal entrant, entered Australia as an exempt non-citizen referred to in paragraph (b) or (e) of the definition of
‘exempt non-citizen’ in subsection 4 (1) of the Act; and(ii) the applicant is the spouse of:
(A) an Australian citizen; or
(B) an Australian permanent resident; and
(iii) the Minister is satisfied that it would be unreasonable to require the applicant to leave Australia before the application is decided.
30.1 Omit the regulation, substitute:
“135. (1) Subject to subregulation (2), the additional criteria in relation to a spouse (after entry) entry permit are that:
(a) at the time when the application for the entry permit is decided:
(i) the applicant is the spouse of :
(A) an Australian citizen; or
(B) an Australian permanent resident;
who:
(C) nominated the applicant for the grant of the entry permit; and
(D) has a genuine and continuing marital relationship with the applicant; and
(ii) the applicant is the holder of a valid extended eligibility (spouse) entry permit, a criterion for the grant of which was that the applicant was the spouse of that Australian citizen or Australian permanent resident; and
(iii) the decision is not made earlier than 2 years after the day on which the application is made; or
(b) the applicant is a person who:
(i) would satisfy the criteria specified in subparagraphs (a) (i) and (ii) except that his or her spouse has died before the Minister makes a decision on the application; and
(ii) satisfies the Minister that the marital relationship was genuine and, had the spouse not died, would have continued; and
(iii) has developed close business, cultural or personal ties in Australia.
“(2) If the applicant, when applying for an extended eligibility (spouse) entry permit (or other entry permit):
(a) was:
(i) an illegal entrant; and
(ii) a prescribed applicant referred to in paragraph 42 (1c) (a), (b), (ba) or (c); or
(b) did not apply for the entry permit on the form referred to in subregulation 22b (1);
and, before the commencement of this subregulation:
(c) the application for that entry permit has not been decided; or
(d) the application for that entry permit has been decided but the applicant has not applied for a spouse (after entry) entry permit;
the additional criteria in relation to a spouse (after entry) entry permit are that, at the time when the application for the permit is decided:
(e) the applicant:
(i) is the spouse of :
(A) an Australian citizen; or
(B) an Australian permanent resident; and
(ii) has a genuine and continuing marital relationship with that citizen or resident spouse; and
(iii) is nominated for the grant of the entry permit by that citizen, or resident, spouse; and
(iv) is a person to whom any of the paragraphs of subsection 47 (1) of the Act applies; or
(f) the applicant is a person who:
(i) would satisfy the criteria specified in paragraph (e) except that his or her spouse has died; and
(ii) satisfies the Minister that the marital relationship was genuine and, had the spouse not died, would have continued; and
(iii) has developed close business, cultural or personal ties in Australia.”.
31.1 After regulation 142c, insert:
“142d. The additional criteria in relation to an interdependency (permanent) entry permit are that:
(a) at the time when the application for the permit is decided, the applicant:
(i) is nominated by:
(A) an Australian citizen; or
(B) an Australian permanent resident;
who has a relationship with the applicant that is acknowledged by both and that involves:
(C) residing together; and
(D) being closely interdependent; and
(E) having a continuing commitment to mutual emotional and financial support; and
(ii) is the holder of a valid extended eligibility (interdependency) entry permit, a criterion for the grant of which was that the applicant and that Australian citizen or Australian permanent resident had the relationship specified in subparagraph 130a (1) (a) (i);
and the application has been made not less than 2 years before the day on which the application is decided; or
(b) the applicant is a person who:
(i) would satisfy the criteria specified in subparagraph (a) (i) and (ii) except that the Australian citizen or Australian permanent resident with whom the applicant had the relationship referred to in that paragraph has died; and
(ii) satisfies the Minister that that relationship was genuine and, had the other party to the relationship not died, would have continued; and
(iii) has developed close business, cultural or personal ties in Australia; or
(c) the applicant is a dependent child of another applicant for an interdependency (permanent) entry permit (in this paragraph referred to as the
‘principal applicant’) and:(i) the child is in Australia; and
(ii) the principal applicant is granted an interdependency (permanent) entry permit; and
(iii) the nomination of the principal applicant expressly extends to that child; and
(iv) the Minister is satisfied that the grant of the entry permit would not prejudice the rights or interests of any person who has, or may reasonably be expected to have, guardianship or custody of, or access to, that child.”.
32.1 Paragraph 144 (1) (x):
Omit “(permanent).”, substitute “(permanent); and”.
32.2 Subregulation 144 (1):
Add at the end:
“(y) extended eligibility (spouse); and
(z) interdependency (temporary); and
(za) extended eligibility (interdependency); and
(zb) interdependency (permanent).”.
33.1 Subregulation 146 (1):
After “qualification” (second occurring), insert “prescribed”.
33.2 Sub-subparagraph 146 (1) (a) (i) (B):
Omit “included in the priority list of occupations;”, substitute “a priority occupation;”.
33.3 Sub-subparagraph 146 (1) (a) (i) (C):
Omit the sub-subparagraph, substitute:
“(C) for which, in Australia, a degree, trade certificate, diploma, associate diploma or post-trade qualification is required or that is a
professional-equivalent occupation or a technical-equivalent occupation; and”.
33.4 Sub-subparagraph 146 (1) (a) (i) (D):
Omit “degree or trade certificate”, substitute “degree, trade certificate, diploma, associate diploma or post-trade qualification”.
33.5 Subparagraph 146 (1) (a) (ii):
Omit the subparagraph, substitute:
“(ii) has in respect of that occupation, qualifications or experience (or both) required for the purpose of any Australian occupational licence or registration (or both); and”.
33.6 Subparagraph 146 (1) (a) (iii):
Omit the subparagraph, substitute:
“(iii) has worked in that occupation, or, on any occasion when not working in the usual occupation, a closely related occupation:
(A) for not less than 3 years, or such longer period as is specified by a CTC or NOOSR, (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
(B) in the case of a person who has a qualification referred to in sub-subparagraph (1) (a) (i) (D)—after acquiring that qualification;”.
33.7 Paragraph 146 (1) (b):
Omit the paragraph, substitute:
“(b) the applicant’s usual occupation:
(i) is not a priority occupation; and
(ii) is an occupation:
(A) for which, in Australia, a degree or trade certificate is required; or
(B) that is a professional-equivalent occupation; and
(iii) in respect of which the applicant has:
(A) a degree, trade certificate or post-trade qualification that is assessed by the relevant Australian authority as meeting Australian
educational or training standards for that occupation; or
(B) experience assessed by the relevant Australian authorities to be equivalent to the Australian standards for that occupation;
(iv) in respect of which the applicant has qualifications or experience (or both) required for the purpose of
holding any Australian occupational licence or registration (or both); and
(v) in which the applicant has worked or (on any occasion when not working in the usual occupation) that is closely related to the occupation in which the applicant has worked:
(A) for not less than 3 years, or such longer period as is specified by a CTC or NOOSR, (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
(B) in the case of an applicant to whom sub-subparagraph (iii) (A) applies, after acquiring the qualification referred to in that sub-subparagraph;”.
33.8 Paragraph 146 (1) (c):
Omit the paragraph, substitute:
“(c) the applicant meets the qualification specified in paragraph (b) except that, in respect of subparagraph (b) (v), he or she has worked, immediately before making the application:
(i) for a period of less than 3 years; or
(ii) if a longer period of relevant work is specified by a CTC or NOOSR for the purposes of this provision— for a period less than that specified period;”.
33.9 Paragraph 146 (1) (d):
Omit the paragraph, substitute:
“(d) the applicant’s usual occupation:
(i) is not a priority occupation; and
(ii) is an occupation:
(A) for which, in Australia, a diploma or associate diploma is required; or
(B) that is a technical-equivalent occupation; and
(iii) in respect of which the applicant has:
(A) a diploma or associate diploma that is assessed by the relevant Australian authority as meeting Australian educational or training standards for that occupation; or
(B) experience assessed by the relevant Australian authorities to be equivalent to the Australian standards for that occupation;
(iv) in respect of which the applicant has qualifications or experience (or both) required for the purpose of holding any Australian occupational licence or registration (or both); and
(v) in which the applicant has worked or (on any occasion when not working in the usual occupation) that is closely related to the occupation in which the applicant has worked:
(A) for not less than 3 years, or such longer period as is specified by a CTC or NOOSR, (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
(B) in the case of an applicant to whom sub-subparagraph (iii) (A) applies, after acquiring the qualification referred to in that sub-subparagraph;”.
33.10 Subparagraph 146 (1) (e) (ii):
Omit the subparagraph, substitute:
“(ii) has, immediately before making the application, worked in the applicant’s usual occupation, or, on any occasion when not working in the usual occupation, a closely related occupation:
(A) for a period of less than 3 years; or
(B) if a period of relevant work is specified by a CTC or NOOSR for the purposes of this provision—for a period less than that specified period;
and:
(C) in the case of a person who has a qualification referred to in sub-subparagraph (1) (a) (i) (D)—after acquiring that qualification;”.
33.11 Paragraph 146 (1) (h):
Omit “6 years of” substitute “12 years of primary and”.
33.12 Paragraph 146 (1) (i):
Omit “4 years of”, substitute “10 years of primary and”.
33.13 Subparagraph 146 (1) (j) (i):
Omit the subparagraph, substitute:
“(i) is the holder of a degree, diploma, associate diploma or trade certificate that:
(A) was completed not earlier than 12 months immediately before making the application; and
(B) is assessed by the relevant Australian authority to be of equivalent standard to a comparably styled degree, diploma, associate diploma or trade certificate awarded by an Australian educational institution; and”.
33.14 Subparagraph 146 (1) (k) (ii):
Omit the subparagraph, substitute:
“(ii) is the holder of a degree, diploma, associate diploma or trade certificate that:
(A) was completed earlier than 12 months immediately before making the application; and
(B) is assessed by the relevant Australian authority to be of equivalent standard to a comparably styled degree, diploma, associate diploma or trade certificate awarded by an Australian educational institution; and”.
33.15 Subregulation 146 (2):
Omit the subregulation, substitute:
“(2) In this regulation:
(a) NOOSR, or any body authorised in writing by NOOSR to assess educational qualifications or work experience on behalf of NOOSR; or
(b) a CTC; or
(c) if the circumstances of the case are such that an authority referred to in paragraph (a) or (b) is unable to make an assessment—an officer authorised in writing by the Minister or the Secretary to assess educational qualifications or work experience for the purposes of this regulation;
34.1 After Part 6, insert the following Part:
“166a. (1) The criteria in relation to an employer nomination in respect of a proposed employment appointment are:
(a) the employer nomination must be made by an employer in respect of a need for a paid employee in a business:
(i) located in Australia; and
(iii) operated by that employer;
(b) the work to be performed requires the appointment of a highly skilled person;
(c) the appointment will provide the employee with full-time employment and will:
(i) be permanent; or
(ii) in the case of an appointment to an academic or scientific-research position in an academic, or scientific research, institution:
(A) be for a fixed term of at least 3 years; and
(B) not be subject to an express exclusion of the possibility of renewal of the appointment for a further such term;
(d) the Minister is satisfied that:
(i) the employer has made, and continues to make, adequate provision for training existing employees in work relevant to the business; or
(ii) if the business is newly established—the employer is making adequate provision for future training of employees in work relevant to the business;
(e) the Minister is satisfied that:
(i) an Australian citizen or resident cannot be found who is suitable for the appointment; or
(ii) in the circumstances of the case—the employer should not be required to seek a suitable employee in Australia.
“(2) In this regulation:
(a) completed, over a period of at least 3 years, formal training or equivalent experience; and
(b) unless the approved appointment is exceptional—been employed for at least 3 years:
(i) after completing the training or experience referred to in paragraph (a); and
(ii) before making the application; and
(c) acquired competence assessed by the Minister to be at least average for a person to whom paragraphs (a) and (b) apply.
“166b.
A proposed appointment, the subject of an employer nomination that satisfies
the criteria specified in regulation 166a,
is an
35.1 Paragraph 186 (1) (a):
Omit the paragraph.
36.1 After regulation 186, insert:
“186a. (1) Subject to subregulation (2), the fee payable on application for an extended eligibility (spouse) entry permit is:
(a) in the case of an applicant referred to in sub-subparagraph 126 (1) (a) (ii) (A)—$360; or
(b) in any other case—$750.
“(2) No fee is payable on application for a further extended eligibility (spouse) entry permit if the application takes effect under regulation 22e.”.
“186b. (1) There is payable, on application for a spouse (after entry) entry permit:
(a) if at the time the application is made, the applicant holds a valid temporary entry permit:
(i) that is not subject to the condition referred to in 33 (4) (a) of the Act; and
(ii) for which application was made:
(A) before the commencement of this regulation; and
(B) otherwise than in accordance with subregulation 22b (1);
a fee of $150; or
(b) in any other case—no fee.”.
“186c. (1) There is payable, on application for an extended eligibility (interdependency) entry permit, a fee of $750.
“(2) No fee is payable on application for a further extended eligibility (interdependency) entry permit if the application takes effect under regulation 22e.”.
37.1 Paragraphs 191 (a) and (b):
Omit “(inclusive), 80, 81 and 82”, substitute “(inclusive) and 80 to 87 (inclusive)”.
38.1 After regulation 191, insert:
“191a. There is payable in respect of an employer nomination under regulation 166a, a fee of $100.”.
39.1 After regulation 201, insert:
“202. Despite any other provision in these Regulations, no fee is payable on application for an entry permit if the application is made:
(a) in consequence of the applicant having received a notice referred to in paragraph 40 (1) (s); and
(b) not later than the expiry of 7 working days after the day on which the applicant received the notice.”.
40.1 Item 6 (column 2), paragraph (a):
Omit “the applicant, being an applicant seeking
permanent residence in Australia, when”,
substitute:
“an applicant for a visa or entry permit, at the time when the person is”.
41.1 Part 1:
After item 60, insert:
“61 | extended eligibility (spouse) | (a) the criteria specified 820 in regulation 44a |
62 | interdependency (temporary) | (a) the criteria specified in regulation 79a | 305 |
(b)
D, H | |||
63 | extended eligibility (interdependency) | (a) the criteria specified in regulation 107c”. | 826 |
41.2 Part 3: | |||
Add at the end: | |||
“16 | special equivalent (temporary)”. | 304 | |
42.1 Class 1 entry permit, item 2 (column 3):
Omit
“B”, substitute “B
42.2 Class 1 entry permit: | |||
After item 34, add: | |||
“34b | special equivalent 1989 (permanent) | Reg. 119m | 813 |
34c | interdependency (permanent) | Reg. 142d; B | 814 |
42.3 Class 2 entry permit: | |||
After item 59b, add: | |||
“59c | special equivalent 1989 (temporary) | Reg. 119l | 304 |
59d | interdependency (temporary) | 305”. | |
42.4 Class 12 entry permit, item 90 (column 3): | |||
Insert: | |||
“Reg. 126; B | |||
42.5 Class 12 entry permit: | |||
After item 94, add: | |||
“94a | extended eligibility (interdependency)”. | Reg. 130a; B | 826 |
43.1 Part 5, Column 2:
Omit “of entering into” (wherever occurring), substitute “the Department receives”.
43.2 Parts 6 and 7: | ||
Omit | t the Parts, substitute: “PART 6—SETTLEMENT OF SPONSOR QUALIFICATION | |
24 | sponsor: | |
and:
| 10 | |
24a |
| 0 |
| PART 7—LOCATION OF SPONSOR QUALIFICATION | ||
25 | sponsor
has been, throughout the period of 2 years immediately before the Department
receives the relevant sponsorship (except for short absences for the purposes
of recreation or business), resident in one or more of the areas specified by
the Minister, by notice published in the | 5 |
44.1 Item 1, (column 2):
Omit “or entry permit”, substitute: | |||
“or entry permit, special equivalent (temporary) visa or entry permit”. | |||
44.2 After item 12, insert: | |||
“13 | 61, 63 | condition referred to in paragraphs 17 (1) (o) and 28 (1) (m) respectively | |
14 | 62 | condition referred to in paragraphs 23 (4) (a) and 33 (4) (a) of the Act respectively condition referred to in paragraphs 17 (1) (o) and 28 (1) (m) respectively”. | |
45.1 Part 1: After item 83, insert: | |||
“84 | extended eligibility (spouse) visa |
| |
85 | special equivalent 1989 (temporary) | $50 | |
86 | interdependency (temporary) visa |
| |
87 | extended eligibility (interdependency) visa |
| |
45.2 Part 2, item 1, (column 3):
Omit “186”, substitute “186b”.
45.3 Part 2, item 11, (column 3):
Omit “$360”, substitute:
“the fee ascertained under regulation 186a”. | ||
45.4 Part 2: Add at the end: | ||
“26 | extended eligibility (interdependency) | the fee ascertained under regulation 186c |
27 | interdependency (permanent) | —” |
1. Notified in the
Commonwealth of Australia Gazette on 15 April 1991.2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25 and 43.
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