Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00789 In force Legislative Instrument

Legislation content

 

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018

made under subregulation 2.07(5) of the

Migration Regulations 1994

Compilation No. 1 

Compilation date: 24 December 2024

Includes amendments: Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Amendment (No. 1) Instrument 2024 (F2024L01743)

About this compilation

This compilation

This is a compilation of the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018 that shows the text of the law as amended and in force on 24 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

Contents

 

Part 1—Preliminary

1  Name

3  Authority

4  Definitions

Part 2—Arrangements for Partner Visa Applications

6  Partner (Residence)(Class BS) visa

7  Partner (Migrant)(Class BC) visa

8  Partner (Temporary)(Class UK) visa

9  Prospective Marriage (Temporary)(Class TO) visa

10  Partner (Migrant)(Class BC) visa

Schedule 1—Place, manner and form for making Partner visa

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

 (1) This instrument is the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018.

 (2) This instrument may be cited as IMMI 18/103.

3  Authority

  This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.

4  Definitions

  In this instrument:

Act means the Migration Act 1958.

approved form has the meaning given by subsection 5(1) of the Act.

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.

Internet application has the meaning given by regulation 1.03 of the
Regulations.

online portal means the online services portal Partner processing enquiry form available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/partner-processing-enquiry-form.

Regulations means the Migration Regulations 1994.

visa has the meaning given by subsection 5(1) of the Act.

 

 

 

 

 

 

 

 

 

Part 2—Arrangements for Partner Visa Applications

6  Partner (Residence)(Class BS) visa

 (1) For subitem 1124B(1) and paragraph 1124B(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 1 in the table in Schedule 1 to this instrument:

 (a) the approved form is specified in the corresponding row in Column C;

 (b) the place and manner for making an application is specified in the corresponding row in Column D.

 (2) For the purposes of subparagraph 1124B(3)(e)(ii) of Schedule 1 to the Regulations, Form 40SP and Form 40SP (Internet) are specified as approved forms.

7  Partner (Migrant)(Class BC) visa

 (1) For subitem 1129(1) and paragraph 1129(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 2 in the table in Schedule 1 to this instrument:

 (a) the approved form is specified in the corresponding row in Column C;

 (b) the place and manner for making an application is specified in the corresponding row in Column D.

8  Partner (Temporary)(Class UK) visa

 (1) For subitem 1214C(1) and paragraph 1214C(3)(b) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 3 in the table in Schedule 1 to this instrument:

 (a) the approved form is specified in the corresponding row in Column C;

 (b) the place and manner for making an application is specified in the corresponding row in Column D.

9  Prospective Marriage (Temporary)(Class TO) visa

 (1) For subitem 1215(1) and paragraph 1215(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 4 in the table in Schedule 1 to this instrument:

 (a) the approved form is specified in the corresponding row in Column C;

 (b) the place and manner for making an application is specified in the corresponding row in Column D.

10  Partner (Migrant)(Class BC) visa

 (1) For subitem 1220A(1) and paragraph 1220A(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 5 in the table in Schedule 1 to this instrument:

 (a) the approved form is specified in the corresponding row in Column C;

 (b) the place and manner for making an application is specified in the corresponding row in Column D.


Schedule 1—Place, manner and form for making Partner visa

Item

Column A:

Item and visa

Column B:

Kind of applicant

Column C:

Approved form

Column D:

Place and manner

 

1.

 

Item 1124B Partner (Residence) (Class BS): Subclass 801 (Partner)

 

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

 

 

 

1002

Application must be made in Australia but not in immigration clearance, through any one of the following:

 

  1.     posting the application to the office that is processing the parent’s permanent Partner visa application;
  2.     uploading the application onto ImmiAccount; or
  3.     providing the application to the Department using the online portal.  

 

 

In any other case

 

47SP (Internet) or

If authorised by the Department: 47SP

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use Form 47SP, in accordance with directions from the Department, by the date specified.

 

 

2.

 

Item 1129 Partner (Migrant) (Class BC): Subclass 100 (Partner)

 

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

 

 

 

1002

Application must be made in or outside Australia but not in immigration clearance, through any one of the following:
 

  1.     posting the application to the office that is processing the parent’s permanent Partner visa application;
  2.     uploading the application onto ImmiAccount; or
  3.     providing the application to the Department using the online portal.  

 

 

In any other case

 

47SP (Internet); or

If authorised by the Department: 47SP

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified. 

 

3.

 

Item 1214C

Partner (Temporary) (Class UK): Subclass 820 Partner
 

 

All applicants

 

47SP (Internet) or

If authorised by the Department: 47SP

 

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

 

 

4.

 

Item 1215
 

Prospective Marriage (Temporary) Class TO: Subclass 300 (Prospective Marriage)

 

All applicants

 

47SP (Internet) or

If authorised by the Department: 47SP

 

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

5.

Item 1220A Partner (Provisional) (Class UF): Subclass 309 Partner (Provisional)

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

 

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

 

 

 

 

 

 

 

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018

18 June 2018

(F2018L00789)

1 July 2018 (s 2)

 

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Amendment (No. 1) Instrument 2024

23 December 2024

(F2024L01743)

24 December 2024 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2024L01743

s 5.....................

rep LA s 48C

s 6.....................

am F2024L01743

Schedule 1................

rs F2024L01743

Schedule 2................

rep LA s 48C

 

Overview

The Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018, enacted on 1 July 2018, was introduced to streamline and clarify the application process for various partner and prospective marriage visas under the Migration Act 1958. This legislative instrument was made under subregulation 2.07(5) of the Migration Regulations 1994 by the Australian Government. Its primary objective is to ensure that the process for applying for different subclass partner and prospective marriage visas is transparent and consistent, providing clear guidelines on the approved forms, places, and manner in which applications must be submitted. The instrument also seeks to address any administrative gaps that may have existed in the application procedures for these specific visa categories.

Scope and Application

The Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018 applies to individuals who seek to apply for various subclasses of partner and prospective marriage visas under the Migration Act 1958, specifically the Subclass 801 (Partner), Subclass 100 (Partner), Subclass 820 (Partner), Subclass 300 (Prospective Marriage), and Subclass 309 (Partner) visas. The instrument outlines the approved forms, places, and manners for making applications for these visas. The geographic reach of this instrument is national, applying across Australia as it pertains to the administration of visa applications under federal law. Exclusions and specific exemptions are detailed within the instrument, particularly concerning the types of applicants and the conditions under which applications can be made. The application, saving, and transitional provisions, along with any amendments, are noted in the endnotes of the compilation and can be accessed on the legislative register. The instrument allows for further extension or restriction through subordinate instruments, which are detailed within the schedule of the instrument itself.

Key Provisions

The Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018, as amended, sets out the administrative arrangements for various Partner and Prospective Marriage visa applications under the Migration Act 1958 and the Migration Regulations 1994. This legislative instrument specifies the approved forms, places, and manners for making applications for different types of Partner visas, including the Partner (Residence) visa (subclass 801), Partner (Migrant) visa (subclass 100), Partner (Temporary) visa (subclass 820), Prospective Marriage (Temporary) visa (subclass 300), and Partner (Provisional) visa (subclass 309). The approved forms for these applications are generally Form 47SP, Form 47SP (Internet), or Form 40SP, depending on the type of applicant and their circumstances. The application process can be completed either by submitting the application online through ImmiAccount, by posting it to a specific office, or by using the online portal provided by the Department. The Instrument imposes specific obligations on applicants for Partner and Prospective Marriage visas. Applicants must use the approved forms as specified in the relevant sections of Schedule 1. For instance, applicants for a Partner (Residence) visa must use Form 47SP or Form 47SP (Internet) if they are the holder of a Subclass 445 (Dependent Child) visa, while other applicants may use Form 47SP if authorised by the Department. The manner of application can be through an internet application or by using a specified form, as per the directions provided by the Department. Failure to comply with these requirements can result in the application being deemed invalid, which may lead to delays or refusal of the visa application. Breach of the requirements set out in the Instrument may result in administrative consequences for the applicants. While the Instrument itself does not specify criminal or civil penalties, non-compliance with the visa application process as outlined could lead to the refusal of the visa application, delays in processing, or other administrative actions taken by the Department. For example, if an applicant does not use the approved form or does not follow the specified place and manner for making an application, the application may be rejected, and the applicant may need to resubmit the application with the correct form and method. Additionally, repeated non-compliance or fraudulent activities could result in further sanctions, including potential bans on future visa applications.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.