Overview

The Migration (Immi 17/101: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2017 (F2017L01496) was enacted to streamline and modernise the application process for specific partner and prospective marriage visas, including the Partner (Residence) visa, Partner (Migrant) visa, Partner (Temporary) visa, Prospective Marriage (Temporary) visa, and Partner (Provisional) visa. This instrument was introduced to address the need for flexibility and responsiveness in updating the application requirements for these visas, particularly the forms and the address for lodgement. It was enacted under the authority of the Migration Regulations 1994, by the Australian government, to ensure that the application process aligns with recent legislative amendments and modern administrative practices. The overarching policy objective was to facilitate a more efficient and streamlined visa application process by specifying the application forms and procedures through an instrument, rather than through direct amendments to the Regulations.

Scope and Application

Instrument IMMI 17/101, made under subregulation 2.07(5) of the Migration Regulations 1994, governs the procedures for making applications for several specified Partner visas, including the Partner (Residence) (Class BS) visa, Partner (Migrant) (Class BC) visa, Partner (Temporary) (Class UK) visa, Prospective Marriage (Temporary) (Class TO) visa, and Partner (Provisional) (Class UF) visa. This instrument serves to outline the approved form, place, and manner for submitting these visa applications, replacing the previous requirement to specify these details directly within the Regulations. The intent of IMMI 17/101 is to streamline and enhance the flexibility of legislative changes concerning the application forms and submission addresses for the specified visas. Additionally, the instrument mandates the use of specified online forms for visa applications, while eliminating the in-person lodgement option, although paper applications will still be accepted if authorised by a Department of Immigration and Border Protection officer in certain circumstances. The instrument, deemed of a minor or machinery nature, did not require consultation under the Legislation Act 2003 and is exempt from disallowance, thus not necessitating a Statement of Compatibility with Human Rights. It commenced on 18 November 2017.

Key Provisions

The Migration (Immi 17/101: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2017 (Instrument IMMI 17/101) under the Migration Regulations 1994, specifies the approved forms, places, and manner for making applications for certain Partner visas, including the Partner (Residence) (Class BS) visa, Partner (Migrant) (Class BC) visa, Partner (Temporary) (Class UK) visa, Prospective Marriage (Temporary) (Class TO) visa, and Partner (Provisional) (Class UF) visa (section 3). These provisions are outlined in items 1124B, 1129, 1214C, 1215, and 1220A of Schedule 1 to the Regulations. This Instrument allows the application requirements to be updated more flexibly and responsively compared to directly amending Schedule 1 of the Regulations. Instrument IMMI 17/101 mandates that applications for the specified Partner visas must now be made using the specified online forms (section 5). It also removes the in-person lodgement option, although paper applications will still be accepted in compelling circumstances, provided the applicant receives prior authorisation from a Department of Immigration and Border Protection officer. This change streamlines the application process and encourages the use of digital platforms for submissions. Parties subject to this Instrument must comply with the specified requirements for making their visa applications, including the use of the designated online forms and, where applicable, obtaining prior authorisation for paper applications. Failure to adhere to these requirements may result in the application being deemed invalid, which could lead to delays or denial of the visa application. Breaches of the requirements set out in Instrument IMMI 17/101 may not directly result in specific offences or penalties under the Migration Regulations 1994. However, submitting an invalid application due to non-compliance with the specified forms and procedures could result in the application being rejected, leading to potential delays or denials of the visa. Such outcomes could have significant implications for the applicants, including the inability to join their partners or enter Australia under the intended visa arrangements.