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Posts Tagged ‘(the ‘Regulations’)’

1 July 2009 Legislation Change                                                                                                                           

From 1 July 2009, the Migration Regulations 1994 (‘the Regulations’) are amended to provide Retirement visa holders with full work rights by removing mandatory condition 8104 from the visa.

Current visa holders will not automatically receive the benefit of this change.

Retirement visas granted before 1 July 2009 will still have limited work rights (up to 20 hours per week).  Access to the no work limitation will take effect when the visa holder next renews his or her Retirement visa.

Source  :   www.immi.gov.au

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DIAC have just announced that the anyone obtaining their Contributory Parent Visa after 1 July and then planning to sponsor an existing partner will be faced with a potential 5 year wait. What this means, as an initial response, is that people going down that route who have not included an existing spouse in the application should be doing so immediately.

This is the text of the announcement:

Amendments to the Migration Regulations 1994 in relation to Contributory Parent visas and split applications

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 (the ‘Regulations’) are amended to prevent persons who are granted a permanent Contributory Parent category visa (Subclasses 143 and 864) from sponsoring their partner or fiancé for a Partner or Prospective Marriage visa for five years from the day of their visa grant, if they:

* were granted their permanent Contributory Parent category visa on or after 1 July 2009; and
* were in a spouse or de facto partner or fiancé relationship on or before the date their permanent Contributory Parent category visa was granted and now wish to sponsor that partner or fiancé.

This limitation may not apply in compelling circumstances which are not financially related.

Additional information:
There have been a number of instances in which couples seeking to migrate under the Contributory Parent category visa provisions have resorted to the split application strategy, whereby:

* only one member of a parent couple applies for and is granted a permanent Contributory Parent category visa; and
* once eligible (usually after two years of being lawfully resident in Australia), this parent subsequently sponsors their spouse (the other parent) under the partner visa category which has a much smaller Visa Application Charge (VAC).

Up until 1 July 2009, this strategy is not prohibited by migration legislation and it is being used in order to reduce the costs associated with migration under Contributory Parent category visa. However, it clearly undermines the Government’s policy intent of ensuring that those parents who migrate under the Contributory Parent visa category make a contribution by means of the VAC to partially offset the significant costs of parent migration to the broader community. Contributory Parent migrants are also subject to the provision of a ten year Assurance of Support (AoS) and payment of a bond.

Furthermore, those who lodge a split application benefit by by-passing the ten year waiting period for parent visa holders to access Government benefits and assistance, whilst spouse visa holders are able to access such benefits within two years of visa grant.

Amendments are being made to information products affected by this legislative change.

Source  :  http://britishexpats.com/forum/showthread.php?t=616147

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