The newly created IMMI 18/103 is set to vary the requirements for making a valid application for the specified Partner visas, to address amendments made to the Regulations, specified in the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018. The changes to the Regulations allow for the specification of the required application form and address for lodgement of a visa application to be specified in the instrument rather than directly in Schedule 1 to the Regulations. This decision is somewhat of significant shift in eligibility assessment of the below mentioned applications given that both practitioners and well as visa applicants have historically relied on Schedule 1 requirements to source this information.
Relevant Points of Interest Include:
Schedule III of Immi 18/103 The instrument IMMI 18/103 operates to specify the approved form, place and manner for making an application for the following visas:
a. Partner (Residence) (Class BS) visa;
b. Partner (Migrant) (Class BC) visa;
c. Partner (Temporary) (Class UK) visa;
d. Prospective Marriage (Temporary) (Class TO) visa; and
e. Partner (Provisional) (Class UF) visa.
The reasoning behind this move is providing for the form, place and manner to be specified in the instrument which will allow more flexible and responsive legislative changes to the required forms or changes to addresses for lodgement of the specified visa applications.
Further, the instrument provides for the use of a specified online form for the specified visa applications. The instrument does not allow in-person lodgement for specified Partner visa applications; however, paper applications will still be accepted in compelling circumstances and only if the applicant receives written authorisation from an officer of Department of Home Affairs (‘the Department’) prior to submitting their application.
In all cases other than subclass 801 and 100 permanent partner visas, combined applications for provisional marriage visas can be made to include a dependent child a single a single online form applicable to subclass, 820, 300 or 309 applications.
New instrument is expected to be in force on 1 July 2018.