Australian Immigration Daily News

Commencing on 1 July 2018, a new legislative instrument specifies the manner and forms to be used for certain family visa applications.  The impacted applications include Remaining Relative Subclass 115 Visa, Carer and Other Family Residence Visa as well as subclass 461 New Zealand 461 Family Relationship Visa. 

A subclass 115 Remaining Relative visa is designed to allow someone outside Australia whose only near relatives are living in Australia to live in Australia as a permanent resident. There can be waiting times of up to 50 years for this visa. To qualify for this visa, the applicant must demonstrative that their relatives in Australia must be the only near relatives.  This is a permanent visa. 

An Aged Dependent Relative Visa Subclass 838 is designed for some older people to stay permanently in Australia if they rely on an eligible relative in Australia to provide financial support. There can be waiting times of up to 50 years for this visa. An applicant must be dependent on the relative in Australia, be single, be old enough to receive the Australian aged pension, have someone who will provide an assurance of support. 

A subclass 461 visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years.  To qualify, an applicant must be not be a New Zealand citizen, be an eligible family member of a New Zealand citizen, be an eligible family member of someone living in Australia on a Special Category visa (subclass 444) or be travelling to Australia with a family member who will be granted a Special Category visa (subclass 444) on arrival. 

The purpose of the instrument is to specify the manner in which these visa applications must be lodged. This represents a change to the prescribed criteria or requirement in the repealed instrument IMMI 17/106, that the application must be made at a diplomatic, consular or migration office maintained by, or on behalf of, the Commonwealth outside Australia. The instrument specifies in Schedule 1 that an application for an Other Family (Migrant) (Class BO) visa must be posted or delivered Authorised Version Explanatory Statement registered 14/06/2018 to F2018L00772 IMMI 18/076 by courier service to the Child and Other Family Processing Centre, Department of Home Affairs. 

1. Procedure for Lodgement of Remaining Relative Visa Subclass 115 Visa Applications:

2. Procedure for Lodgement of Other Family Residence Visa Applications:

3. Procedure for Lodgement Subclass 461 New Zealand (Family Relationship) Visa Applications:

The explanatory statement to the legislation clarifies that a consultation regarding the Department’s goal to centralise paper applications for Other Family (Migrant) (Class BO) was not undertaken as it is a minor change. The change impacts a small cohort of applicants. Specifying the lodgement location to be onshore for all Other Family visa paper applications will assist in streamlining the Department’s application process. The Department’s website and forms will reflect the changes from the commencement date.

The explanatory statement further confirms that under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

Source: https://www.legislation.gov.au/Details/F2018L00772/Download

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