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MIGRATION AMENDMENT REGULATIONS 2009 (NO. 7) (SLI NO 144 OF 2009)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 144

 

Issued by the Minister for Immigration and Citizenship

 

Migration Act 1958

 

Migration Amendment Regulations 2009 (No. 7)

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

The main purpose of the Regulations is to amend the Migration Regulations 1994 (‘the Principal Regulations’) to address discrimination against same-sex couples and their children in Commonwealth laws and to ensure that the Migration Regulations 1994 are consistent with amendments made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008 (the “General Law Reform Act 2008”) to the Migration Act 1958 (see amendments in Schedule 1).

 

The Regulations also makes a number of other changes to the Principal Regulations related to English language requirements for General Skilled Migration visas.

 

Details of the Regulations are set out in Attachment B and Attachment C.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations in Schedules 1 and 2 commence on 1 July 2009 while the Regulations in Schedule 3 commence on 1 January 2010. Schedule 2 provides for changes to GSM visas which may only be granted while the applicant is outside Australia while Schedule 3 provides for changes to GSM visas which may only be granted while the applicant is in Australia. Onshore applicants are being given the additional period to meet the requirements before implementation on the basis that these applicants have made a personal significant investment and commitment by being educated in Australia.

 

The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to these amendments.

Attorney-General’s Department were consulted about Schedule 1 to the changes. The Department of Education, Employment and Workplace Relations (DEEWR) and the Australian Council of Private Education and Training (ACPET) were consulted about Schedules 2 and 3 to the changes. They provided broad agreement with the amendments. The proposal also had the support of an Inter-departmental Committee consisting of DEEWR, the Department of Prime Minister and Cabinet, Department of Finance and Deregulation and the Treasury. No other consultations were conducted in relation to the Regulations as the amendments were considered not to have relevant implications for any other external agencies or bodies.


ATTACHMENT A

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, the following provisions may apply:

·        subsection 31(3) of the Act which provides that the regulations may prescribe criteria for a visa or visas of a specified class;

·        subsection 31(3) of the Act provides that the regulations may prescribe criteria for a visa or visas of a specified class (which, without limiting the generality of this subsection, may be a class provided for by section 32, 36, 37, 37A but not section 33, 34, 35 or 38 of the Act);

·        subsection 31(5) of the Act, which provides that the regulations specify that a visa is a visa of a particular class;

·        subsection 40(1) of the Act which provides that the regulations may provide that visas or visas of a specified class may only be granted in specified circumstances;

·        subsection 46(1) of the Act, which provides that the regulations may provide the circumstances where an application for a visa is valid;

·        subsection 46(3) of the Act, which provides that the regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application; and

·        subsection 93(1) of the Act which provides that the Minister shall make an assessment of an applicant’s point score by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.


ATTACHMENT B

 

Details of the Migration Amendment Regulations 2009 (No. 7)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Migration Amendment Regulations 2009 (No. 7).

 

Regulation 2 – Commencement

 

This Regulation provides that:

 

(a)    regulations 1 to 4 and Schedules 1 and 2 commence on 1 July 2009; and

 

(b)   regulation 5 and Schedule 3 commence on 1 January 2010.

 

Paragraph (b) allows those students currently studying in Australia an additional period of time to meet the new English language threshold before it is implemented, on the basis that they have made a significant personal investment and commitment towards remaining in Australia.

 

Regulation 3 – Amendment of Migration Regulations 1994 – Schedule 1

 

Subregulation 3(1) provides that Schedule 1 amends the Migration Regulations 1994 (the Principal Regulations).

 

Subregulation 3(2) provides that subject to this regulation, the amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 July 2009.

 

Subregulation 3(3) provides that despite the amendments made by Schedule 1, an interdependent partner before 1 July 2009 is taken to be a de facto partner on and after 1 July 2009

 

Subregulation 3(4) provides that despite the amendments made by Schedule 1, a spouse before 1 July 2009 is taken to be a spouse on and after 1 July 2009.

 

Subregulation 3(5) provides the amendments made by Schedule 1 do not apply in relation to an application for a visa made by a non-citizen newborn child: if the non-citizen newborn child applied for a visa before 1 July 2009; and the non-citizen’s application was not finally determined before 1 July 2009; and the child is taken to have made the additional application on or after 1 July 2009 because the child was born on or after 1 July 2009.

 

Subregulation 3(6) provides that the amendments made by Schedule 1 do not apply in relation to an application for a visa made by a contributory parent newborn child if: the parent of the contributory parent newborn child applied for a visa before 1 July 2009; or the parent’s application was not finally determined before 1 July 2009; and the contributory parent newborn child was granted the temporary visa after 1 July 2009; or the contributory parent newborn child was immigration cleared after 1 July 2009.

 

Subregulation 3(7) provides that the amendments made by Schedule 1 do not apply in relation to an application for visa (the additional applicant) made by a person if: the person is added as an additional applicant to an application for a visa made by the original applicant; and the additional applicant is taken to have applied for a visa of the same class as that applied for by the original applicant; and the existing application was made, but not finally determined before 1 July 2009; and the additional application is taken to have been made on or after 1 July 2009.

 

Subregulation 3(8) provides that the amendments made by Schedule 1 do not apply in relation to an application (the additional application) made by a person if: the person is added as a dependent child to an application for a visa made by the original applicant; and the dependent child is taken to have applied for a visa of the same class as that applied for by the original applicant; and the existing application was made, but not finally determined before 1 July 2009; and the additional application is taken to have been made on or after 1 July 2009.

 

Subregulation 3(9) provides that despite the amendments made by Schedule 1, if: a person applied before 1 July 2009 for 1 of the following visas (the relevant visa): a Subclass 100 (Spouse) visa, Subclass 110 (Interdependency) visa; Subclass 801 (Spouse) visa; or a Subclass 814 (Interdependency) visa; and the application was not finally determined before 1 July 2009; and a holder of a Subclass 445 (Dependent Child) visa granted in relation to one of the listed visas in this paragraph wishes to apply for the relevant visa; the holder of the Subclass 445 (Dependent Child) visa may apply for the relevant visa, in accordance with the Regulations as in force before 1 July 2009, on the basis of satisfying the secondary criteria for the grant of the relevant visa.

 

Subregulation 3(10) provides that despite the amendment of subregulation 1.09A(1) made by Schedule 1: a person who:

 

Subregulation 3(11) provides that a person who was a spouse before 1 July 2009, who meets the requirements of the definition of spouse, is taken to be a spouse after 1 July 2009.

 

Subregulation 3(12) provides that a person who was a spouse before 1 July 2009, who meets the requirements of the definition of de facto partner, is taken to be a de facto partner from 1 July 2009.

 

Subregulation 3(13) provides that a person who was a sponsoring spouse before 1 July 2009, who meets the requirements of the definition of sponsoring partner, is taken to be a sponsoring partner from 1 July 2009.

 

Subregulation 3(14) provides that a person who before 1 July 2009 was an interdependent partner, who meets the requirements of the definition of de facto partner, is taken to be a de facto partner from 1 July 2009.

 

Subregulation 3(15) provides that a person who was a dependent child before 1 July 2009, who meets the requirements of the definition of dependent child, is taken to be a dependent child from 1 July 2009.

 

Subregulation 3(16) provides that a person who was an aged dependent relative before 1 July 2009, who meets the requirements of the definition of aged dependent relative, is taken to be an aged dependent relative from 1 July 2009.

 

Subregulation 3(17) provides that a person who was a close relative, who meets the requirements of the definition of close relative, is taken to be a close relative from 1 July 2009.

 

Subregulation 3(18) provides that a person who was a contributory parent newborn child, who meets the requirements of the definition of contributory parent newborn child, is taken to be a contributory parent newborn child from 1 July 2009.

 

Subregulation 3(19) provides that a person who was a foreign armed forces dependent, who meets the requirements of the definition of foreign armed forces dependent, is taken to be a foreign armed forces dependent from 1 July 2009.

 

Subregulation 3(20) provides that a person who was in a long term spouse relationship, who meets the requirements of the definition of long-term partner relationship, is taken to be in a long-term partner relationship from 1 July 2009.

 

Subregulation 3(21) provides that a person who was a parent before 1 July 2009, who meets the requirements of the definition of parent, is taken to be a parent from 1 July 2009.

 

Subregulation 3(22) provides that a person who was a step-child before 1 July 2009, who meets the requirements of the definition of a step-child, is taken to be a step-child from 1 July 2009.

 

Regulation 4 – Amendment of Migration Regulations 1994 – Schedule 2

 

Subregulation 4(1) provides that Schedule 2 amends the Migration Regulations 1994.

 

Subregulation 4(2) provides that the amendments made by Schedule 2 in relation to an application for a visa made on or after 1 July 2009.

 

Regulation 5 – Amendment of Migration Regulations 1994 – Schedule 3

 

Subregulation 5(1) provides that Schedule 3 amends the Migration Regulations 1994.

 

Subregulation 5(2) provides that the amendments made by Schedule 3 apply in relation to an application for a visa made on or after 1 January 2010.

 

Schedule 1 – Amendments of Migration Regulations 1994same-sex relationships (regulation 3)

 

Items [1] – [320]

 

The amendments made to the Migration Regulations 1994 (the Principal Regulations) by the items set out in Attachment C ensure consistency with changes made to the Migration Act 1958 (the Act) by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008.

 

In particular, the amendments will provide a new:

 

 

Consequential changes are made throughout the Principal Regulations to reflect new references to step-child; de facto partner and de facto relationship; parent and child; spouse; sponsoring partner; and member of the family unit.

 

Further consequential changes are made throughout the Principal Regulations to omit references to obsolete terms and references to natural or adopted child; dependent child of an interdependent partner; interdependent partner; interdependency visas; Subclass 110 (Interdependency); Subclass 814 and 826 – Interdependency; and Subclass 310 (Interdependency (Provisional)).

 

The purpose of these amendments itemised in Attachment C is to address discrimination against persons in a same-sex relationship and their children in Commonwealth laws and to ensure that the Migration Regulations 1994 are consistent with the amendments made by Part 2 of Schedule 10 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 to the Migration Act 1958.

 

Schedule 2 – Amendments relating to English language skills commencing on
1 July 2009 (regulation 4)

 

Item [1] – Regulation 1.15E

 

This item amends regulation 1.15E in Division 1.2 of Part 1 of the Principal Regulations.

 

The effect of this amendment is to create a different definition of “concessional competent English” for Subclass 475 (Skilled – Regional Sponsored) visa applicants and Subclass 487 (Skilled – Regional Sponsored) visa applicants.

 

Current regulation 1.15E provides that all applicants for a General Skilled Migration (GSM) visa will have ‘concessional competent English’ in accordance with paragraph 1.15E(a), if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was made, an IELTS test average band score of at least 5.5 for the 4 test components of speaking, reading, writing and listening. ‘IELTS test’ is defined in regulation 1.03 to mean the International English Language Testing System test.

 

Generally, in order to meet the time of application criteria for grant of GSM visas, persons seeking to satisfy the primary criteria must meet certain English language requirements. Relevantly, clauses 475.214 and 487.215 in Schedule 2 to the Principal Regulations provide that primary applicants for a Subclass 475 visa and a Subclass 487 visa may, if they meet other criteria, meet the English language requirement by having ‘concessional competent English’.

 

New subregulation 1.15E(1) increases the IELTS test average band score from 5.5 to 6 for applicants for a Subclass 475 (Skilled – Regional Sponsored) visa. The increase to the IELTS test score is being made in response to the current economic climate in which it is anticipated the unemployment rate will rise. Skilled migrants coming to Australia will need to compete with the local labour market for fewer jobs. In order to compete, it is likely that they will need higher English language skills.

 

New subregulation 1.15E(2) provides that applicants for a Subclass 487 (Skilled – Regional Sponsored) visa will continue to be able to meet the definition of “concessional competent English” by having an IELTS test average band score of at least 5.5 in the 4 test components of speaking, reading, writing and listening. Item [2] of Schedule 3 to these Regulations amends regulation 1.15E from 1 January 2010.

 

The commencement date for this increase in the English language level is different for Subclass 475 (Skilled – Regional Sponsored) visas which may only be granted when the applicant is outside Australia (with limited exceptions), than it is for Subclass 487 (Skilled – Regional Sponsored) visas, which may only be granted when the applicant is in Australia. This is because generally, an applicant for a Subclass 487 (Skilled – Regional Sponsored) will currently be studying here in Australia. On the basis of that study, they have made a significant personal investment and commitment towards remaining in Australia. Therefore, an additional period of time has been allowed to enable them to meet the new English language threshold before it is implemented.

 

Item [2] – Schedule 2, clause 175.111, note 6

 

This item omits note 6 in clause 175.111 in Part 176 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [3] of this Schedule removes the option for primary applicants for a Subclass 175 (Skilled – Independent) visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 175 so note 6 can also be removed.

 

Item [3] – Schedule 2, clause 175.213

 

This item substitutes clause 175.213 in Part 175 of Schedule 2 to the Principal Regulations with new clause 175.213.

 

Clause 175.213 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 175 (Skilled – Independent) visa. This item provides that to satisfy clause 175.213, applicants must have ‘competent English’.

 

Regulation 1.15C of the Principal Regulations provides that an applicant for a GSM visa will have ‘competent English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening.

 

The effect of this amendment is that primary applicants for a Subclass 175 visa will no longer be able to satisfy clause 175.213 by having ‘vocational English’ but will rather need to have ‘competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

Item [4] – Schedule 2, clause 176.111, note 6

 

This item omits note 6 in clause 176.111 in Part 176 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [5] of this Schedule removes the option for primary applicants for a Subclass 176 (Skilled – Sponsored) visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 176 so note 6 can also be removed.

 

Item [5] – Schedule 2, clause 176.213

 

This item substitutes clause 176.213 in Part 176 of Schedule 2 to the Principal Regulations with new clause 176.213.

 

Clause 176.213 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 176 (Skilled – Sponsored) visa. This item provides that to satisfy clause 176.213, applicants must have ‘competent English’.

 

Regulation 1.15C of the Principal Regulations provides that an applicant for a GSM visa will have ‘competent English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening.

 

The effect of this item is that primary applicants for a Subclass 176 visa will no longer be able to satisfy clause 176.213 by having ‘vocational English’ but will rather need to have ‘competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

Item [6] – Schedule 2, clause 475.111, note 2

 

This item omits note 2 in clause 475.111 in Part 475 of Schedule 2 to the Principal Regulations.

 

Note 2 states that regulation 1.03 provides “competent English” has the meaning set out in regulation 1.15C. Item [8] of this Schedule provides that applicants for a Subclass 475 (Skilled – Regional Sponsored) visa may satisfy the English language requirement by having ‘concessional competent English’. Following this amendment, “competent English” will not be referenced elsewhere in Part 475 so note 2 can also be removed.

 

Item [7] – Schedule 2, clause 475.111, note 7

 

This item omits note 7 in clause 475.111 in Part 475 of Schedule 2 to the Principal Regulations.

 

Note 7 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [8] of this Schedule removes the option for primary applicants for a Subclass 475 visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 475 so note 7 can also be removed.

 

Item [8] – Schedule 2, clause 475.214

 

This item substitutes clause 475.214 in Part 475 of Schedule 2 to the Principal Regulations with new clause 475.214.

Clause 475.214 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 475 (Skilled – Regional Sponsored) visa. This item provides that to satisfy clause 475.214 applicants must have ‘concessional competent English’.

 

“Concessional competent English” is defined in regulation 1.15E of the Principal Regulations, which is amended by item [1] of this Schedule. Following the amendments, a Subclass 475 visa applicant will meet regulation 1.15E if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening.

 

The first effect of this item is that primary applicants for a Subclass 475 visa will no longer be able to satisfy clause 475.214 by having ‘vocational English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

The second effect of this item is that in order to meet clause 475.214 by having ‘concessional competent English’, applicants will no longer need to have been nominated by a specified State or Territory or sponsored by a person who resides in a State or Territory, in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training. This training is intended to bring the applicant’s English language level up to the IELTS 6 level. However, the amendments made by item [1] of this Schedule provide that to meet the “concessional competent English” definition, Subclass 475 visa applicants will need to have an IELTS average band score of 6. Consequently, it will no longer be necessary to encourage applicants to undergo this suitable English language training, or to distinguish between different States and Territories.

 

It will also no longer be necessary to refer to ‘competent English’ in clause 475.214. Currently, applicants must have ‘competent English’ if they are not eligible to satisfy clause 475.214 by having ‘vocational English’ or ‘concessional competent English’. The amendments will provide that all applicants will be eligible to meet the ‘concessional competent English’ requirement which is a lower English level than ‘competent English’.

 

Item [9] – Schedule 6B, item 6B33

 

This item substitutes item 6B33 in Part 6B.3 of Schedule 6B to the Principal Regulations with new item 6B33.

 

This item provides that applicants for a Subclass 487 (Skilled – Regional Sponsored) visa, a Subclass 885 (Skilled – Independent) visa or a Subclass 886 (Skilled – Sponsored) visa, will receive 15 points towards their qualifying score for ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO.

 

The effect of this amendment is that applicants for a Subclass 175 (Skilled – Independent) visa, a Subclass 176 (Skilled – Sponsored) visa and a Subclass 475 (Skilled – Regional Sponsored) visa, will no longer receive points towards their qualifying score if they have ‘vocational English’ but will rather need to have ‘competent English’.

 

Currently, applicants for a Subclass 175 visa, a Subclass 176 visa and a Subclass 475 visa can receive 15 points towards their qualifying score if they have ‘vocational English’ and they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

Following the amendments made by items [3], [5] and [8] in this Schedule, applicants for Subclass 175, Subclass 176 and Subclass 475 visas will no longer be able to satisfy the English language requirements for those visas by having ‘vocational English’ but will rather need to have ‘competent English’.

 

Consequently, it is the policy that applicants for these visas should not receive points towards their qualifying score when they do not have an English language level higher than ‘vocational English’.

 

Following these amendments, applicants for Subclass 175 and Subclass 176 visas will only receive points towards their qualifying score for English language qualifications if they have ‘proficient English’ in accordance with item 6B31 or ‘competent English’ in accordance with item 6B32. Subclass 475 visa applicants will receive points towards their qualifying score if they have proficient English in accordance with item 6B31, or ‘concessional competent English’ in accordance with item 6B34.

 

Item [13] of Schedule 3 to these Regulations amends item 6B33 from 1 January 2010.

 

Item [10] – Schedule 6B, item 6B34

 

This item omits ‘a Subclass 475 (Skilled – Regional Sponsored) visa or’ from item 6B34 in Part 6B.3 of Schedule 6B to the Principal Regulations.

 

Item [11] of this Schedule inserts a new item 6B35 to provide for points that a Subclass 475 (Skilled – Regional Sponsored) visa applicant will receive towards their qualifying score for English language qualifications. Consequently, it is no longer necessary to refer to these applicants in item 6B34. Item 6B34 will continue to apply to Subclass 487 (Skilled – Regional Sponsored) visa applicants.

 

Item [11] – Schedule 6B, after item 6B34

This item inserts a new item 6B35 in Part 6B.3 in Schedule 6B to the Principal Regulations.

 

This item provides that an applicant for a Subclass 475 (Skilled – Regional Sponsored) visa will receive 15 points towards their qualifying score if they have ‘concessional competent English’.

 

The effect of this amendment is that to receive points towards their qualifying score, applicants for a Subclass 475 (Skilled – Regional Sponsored) visa who have ‘concessional competent English’ will no longer be required to be nominated by, or sponsored by a person who resides in, a State or Territory in which arrangements are established for suitable English language training. Applicants will also not be required to pay a fee for suitable English language training before they are able to receive points towards their qualifying score.

 

The amendments made by item [1] of this Schedule provide that to meet the ‘concessional competent English’ definition, Subclass 475 visa applicants will need to have an IELTS average band score of 6. As a result, it is no longer necessary for applicants to undergo suitable English language training because the training is merely intended to encourage applicants to bring their score up to the IELTS 6 level.

 

Item [12] – Schedule 6B, item 6B101

 

This item substitutes item 6B101 in Part 6B.10 of Schedule 6B to the Principal Regulations with new items 6B101, 6B102, 6B103 and 6B104.

 

Part 6B.10 provides the points applicants will receive towards their qualifying score for partner skill qualifications. One aspect of these qualifications is that partners must have a certain level of English language ability. This item changes the English language levels required for certain GSM visas. Part 6B.10 has been restructured to account for the different English language level requirements for different GSM visas.

 

In addition to the English language changes, the amendments substitute the term ‘spouse or interdependent partner’ with ‘spouse or de facto partner’.

Item 6B101

 

New item 6B101 provides for points that a Subclass 175 (Skilled – Independent) visa applicant and a Subclass 176 (Skilled – Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications. Subclass 175 and Subclass 176 visa applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has ‘competent English’.

 

The effect of this new item is that applicants for a Subclass 175 and a Subclass 176 visa will no longer receive 5 points towards their qualifying score, if, among other things, their partner has ‘vocational English’. Current applicants whose partner has nominated a skilled occupation in Major Group IV in the ASCO and who has ‘vocational English’, will, if they satisfy the other requirements in item 6B101, receive 5 points towards their qualifying score. The amendments made by items [3] and [5] of this Schedule remove the option for Subclass 175 and Subclass 176 visa applicants to satisfy the English language requirements by having ‘vocational English’ while applicants themselves will not be able to receive points towards their qualifying score if they have ‘vocational English’ by reason of the amendments made by item [9] of this Schedule. Consequently, it is the policy that applicants should no longer receive points towards their qualifying score if their partner has ‘vocational English’.

 

Item 6B102

 

New item 6B102 provides for points that a Subclass 475 (Skilled – Regional Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications. Subclass 475 visa applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has ‘concessional competent English’.

 

The effect of this new item is that partners of applicants for a Subclass 475 (Skilled – Regional Sponsored) visa will no longer will no longer receive 5 points towards their qualifying score, if, among other things, their partner has ‘vocational English’. Current applicants whose partner has nominated a skilled occupation in Major Group IV in the ASCO and who has ‘vocational English’, will, if they satisfy the other requirements in item 6B101, receive 5 points towards their qualifying score.

 

In addition, partners will no longer need to have been nominated by, or sponsored by a person who resides in, a specified State or Territory in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training. The amendments made by item [1] of this Schedule provide that to meet the ‘concessional competent English’ definition, Subclass 475 visa applicants will need to have an IELTS average band score of 6. As a result, it is no longer necessary for applicants to undergo suitable English language training because the training is merely intended to encourage applicants to bring their score up to the IELTS 6 level.

 

Item 6B103

 

New item 6B103 provides for points that a Subclass 487 (Skilled – Regional Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications. Subclass 487 visa applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has ‘concessional competent English’ and they have:

 

·        been nominated by a State or Territory specified by the Minister in an instrument in writing in which suitable arrangements for English language training exist; or

·        been sponsored by a person who resides in a State or Territory specified by the Minister in an instrument in writing in which suitable arrangements for English language training exist; and

·        paid the required fee or charge for that training

Item 6B103 maintains the arrangements for partner points for Subclass 487 (Skilled – Regional Sponsored) visa applicants that are currently in place in item 6B101. Item [14] of Schedule 3 to these amendments amends item 6B103 from 1 January 2010.

 

Item 6B104

 

New item 6B104 provides for points that a Subclass 885 (Skilled – Independent) visa applicant and a Subclass 886 (Skilled – Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications.

 

Subclass 885 and Subclass 886 visa applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has nominated a skilled occupation in Major Group IV in the ASCO and they have ‘vocational English’, or otherwise, if they have ‘competent English’

 

Item 6B104 maintains the arrangements for partner points for Subclass 885 and Subclass 886 visa applicants that are currently in place in item 6B101. Item [14] of Schedule 3 to these amendments amends item 6B104 from 1 January 2010.

 

Schedule 3 – Amendments relating to English language skills commencing on 1 January 2010 (regulation 5)

 

Item [1] – Subregulation 1.15B(5)

 

This item omits subregulation 1.15B(5) in Division 1.2 of Part 1 of the Principal Regulations.

 

Subregulation 1.15B(5) provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The amendments made by Schedule 1 to these Regulations, remove, from 1 July 2009, the option of satisfying the English language requirements for a Subclass 175 (Skilled – Independent) visa, a Subclass 176 (Skilled – Sponsored) visa or a Subclass 475 (Skilled – Regional Sponsored) by having ‘vocational English’. The amendments made by this Schedule, remove, from 1 January 2010, the option of satisfying the English language requirements for a Subclass 485 (Skilled – Graduate) visa, a Subclass 487 (Skilled – Regional Sponsored) visa, a Subclass 885 (Skilled – Independent) or a Subclass 886 (Skilled – Sponsored) visa by having ‘vocational English’. As a result, it is no longer necessary to have a GSM visa specific definition of “vocational English”.

 

Item [2] – Regulation 1.15E

 

This item substitutes regulation 1.15E in Division 1.2 of Part 1 of the Principal Regulations.

 

This item provides that an applicant for a GSM visa will have “concessional competent English” if in the 2 years before the day on which the application was made they have achieved either:

(a)    an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening; or

(b)   a score specified by the Minister in an instrument in writing for a language test specified by the Minister in an instrument in writing.

 

The effect of this amendment is that from 1 January 2010, the IELTS test average band score that an applicant for a Subclass 487 (Skilled – Regional Sponsored) visa will need to have to meet paragraph (a), will increase from 5.5 to 6 for the 4 test components of speaking, reading, writing and listening. Item [1] in Schedule 2 to these Regulations makes this increase for applicants for a Subclass 475 (Skilled – Regional Sponsored) visa from 1 July 2009.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

No changes to paragraph (b) are made by this item.

 

Item [3] – Schedule 2, clause 485.111, note 6

 

This item omits note 6 in clause 485.111 in Part 485 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [4] of this Schedule removes the option for primary applicants for a Subclass 485 (Skilled – Graduate) visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 485 so note 6 can also be removed.

 

Item [4] – Schedule 2, clause 485.215

 

This item substitutes clause 485.215 in Part 485 of Schedule 2 to the Principal Regulations with new clause 485.215.

 

Clause 485.215 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 485 (Skilled – Graduate) visa. This item provides that to satisfy clause 485.215, all applicants must have ‘competent English’.

 

Regulation 1.15C of the Principal Regulations provides that an applicant for a GSM visa will have ‘competent English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening.

 

The effect of this item is that primary applicants for a Subclass 485 visa will no longer be able to satisfy clause 485.215 by having ‘vocational English’ but will rather need to have ‘competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was made, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

Item [5] – Schedule 2, clause 487.111, note 2

 

This item omits note 2 in clause 487.111 in Part 487 of Schedule 2 to the Principal Regulations.

 

Note 2 states that regulation 1.03 provides “competent English” has the meaning set out in regulation 1.15C. Item [7] of this Schedule provides that applicants for a Subclass 487 (Skilled – Regional Sponsored) visa may satisfy the English language requirement by having “concessional competent English”. Following this amendment, “competent English” will not be referenced elsewhere in Part 487 so note 2 can also be removed.

 

Item [6] – Schedule 2, clause 487.111, note 6

 

This item omits note 6 in clause 487.111 in Part 487 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [7] of this Schedule removes the option for primary applicants for a Subclass 487 (Skilled – Regional Sponsored) visa to satisfy the English language requirement by having “competent English”.

 

Following this amendment, “vocational English” will not be referenced elsewhere in Part 487 so note 6 can also be removed.

 

Item [7] – Schedule 2, clause 487.215

 

This item substitutes clause 487.215 in Part 487 of Schedule 2 to the Principal Regulations with new clause 487.215.

 

Clause 487.215 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 487 (Skilled – Regional Sponsored) visa. This item provides that to satisfy clause 487.215, applicants must either:

(a)    have ‘concessional competent English’; or

(b)   accompany the application with evidence that the applicant has made arrangements to undergo a language test specified by the Minister in writing.

 

‘Concessional competent English’ is defined in regulation 1.15E of the Principal Regulations, which is amended by item [2] of this Schedule. Following the amendments, a Subclass 487 visa applicant will meet regulation 1.15E if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening.

 

The effect of this item is that primary applicants for a Subclass 487 visa will no longer be able to satisfy clause 487.215 by having ‘vocational English’ but will rather need to have ‘concessional competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

In addition, in order to meet clause 487.215 by having ‘concessional competent English’, applicants will no longer need to have been nominated by a specified State or Territory or sponsored by a person who resides in a State or Territory, in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training. This training is intended to bring the applicant’s English language level up to the IELTS 6 level.

 

However, the amendments made by item [2] of this Schedule provide that to meet the ‘concessional competent English’ definition, Subclass 487 visa applicants will need to have an IELTS average band score of 6. Consequently, it will no longer be necessary to encourage applicants to undergo this suitable English language training, or to distinguish between different States and Territories.

 

It will also no longer be necessary to refer to ‘competent English’ in clause 487.215. Currently, applicants must have ‘competent English’ if they are not eligible to satisfy clause 487.215 by having ‘vocational English’ or ‘concessional competent English’. The amendments will provide that all applicants will be eligible to meet the ‘concessional competent English’ requirement which is a lower English level than ‘competent English’.

 

Paragraph 487.215(b) provides for what is currently in paragraph 487.215(e).

 

Item [8] – Schedule 2, clause 487.224

 

This item substitutes clause 487.224 in Part 487 of Schedule 2 to the Principal Regulations with new clause 487.224.

 

Clause 487.224 is a criterion to be satisfied at time of decision by persons seeking to satisfy the primary criteria for grant of a Subclass 487 (Skilled – Regional Sponsored) visa. This item provides that if the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister for paragraph 487.215(b), then the application must have ‘concessional competent English’.

The effect of this item is that to satisfy clause 487.224, all applicants must have either ‘concessional competent English’. ‘Concessional competent English’ is defined in regulation 1.15E of the Principal Regulations, which is amended by item [2] of this Schedule. Following the amendments, a Subclass 487 visa applicant will meet regulation 1.15E if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening.

 

Primary applicants for a Subclass 487 visa will no longer be able to satisfy clause 487.224 by having ‘vocational English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

In addition, in order to meet clause 487.224 by having ‘concessional competent English’, applicants will no longer need to have been nominated by a specified State or Territory or sponsored by a person who resides in a State or Territory, in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training. This training is intended to bring the applicant’s English language level up to the IELTS 6 level.

 

However, the amendments made by item [2] of this Schedule provide that to meet the ‘concessional competent English’ definition, Subclass 487 visa applicants will need to have an IELTS average band score of 6. Consequently, it will no longer be necessary to encourage applicants to undergo this suitable English language training, or to distinguish between different States and Territories.

 

It will also no longer be necessary to refer to ‘competent English’ in clause 487.224. Currently, applicants must have ‘competent English’ if they are not eligible to satisfy clause 487.224 by having ‘vocational English’ or ‘concessional competent English’. The amendments will provide that all applicants will be eligible to meet the ‘concessional competent English’ requirement which is a lower English level than ‘competent English’.

 

Item [9] – Schedule 2, clause 885.111, note 6

 

This item omits note 6 in clause 885.111 in Part 885 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [10] of this Schedule removes the option for primary applicants for a Subclass 885 (Skilled – Independent) visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 885 so note 6 can also be removed.

 

Item [10] - Schedule 2, clause 885.213

 

This item substitutes clause 885.213 in Part 885 of Schedule 2 to the Principal Regulations with new clause 885.213.

 

Clause 885.213 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 885 (Skilled – Independent) visa. This item provides that to satisfy clause 885.213, applicants must have ‘competent English’.

 

Regulation 1.15C of the Principal Regulations provides that an applicant for a GSM visa will have ‘competent English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening.

 

The effect of this item is that primary applicants for a Subclass 885 visa will no longer be able to satisfy clause 885.213 by having ‘vocational English’ but will rather need to have ‘competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

Item [11] – Schedule 2, clause 886.111, note 6

 

This item omits note 6 in clause 886.111 in Part 886 of Schedule 2 to the Principal Regulations.

 

Note 6 states that regulation 1.03 provides that “vocational English” has the meaning set out in regulation 1.15B. Item [12] of this Schedule removes the option for primary applicants for a Subclass 886 (Skilled – Sponsored) visa to satisfy the English language requirement by having ‘vocational English’. Following this amendment, “vocational English” will not be referenced elsewhere in Part 886 so note 6 can also be removed.

 

Item [12] - Schedule 2, clause 886.213

 

This item substitutes clause 886.213 in Part 886 of Schedule 2 to the Principal Regulations with new clause 886.213.

 

Clause 886.213 is a criterion to be satisfied at time of application by persons seeking to satisfy the primary criteria for grant of a Subclass 886 (Skilled – Sponsored) visa. This item provides that to satisfy clause 886.213, applicants must have ‘competent English’.

 

Regulation 1.15C of the Principal Regulations provides that an applicant for a GSM visa will have ‘competent English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening.

 

The effect of this item is that primary applicants for a Subclass 886 visa will no longer be able to satisfy clause 886.213 by having ‘vocational English’ but will rather need to have ‘competent English’. Current applicants may have ‘vocational English’ if they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

 

The increase in the English language requirements is in recognition that a skilled migrant must compete in the local labour market. The increase will ensure that migrants have both the language and skills needed to participate in the labour market.

 

Item [13] – Schedule 6B, items 6B33, 6B34 and 6B35

 

This item substitutes items 6B33, 6B34 and 6B35 in Part 6B.3 in Schedule 6B to the Principal Regulations with new item 6B33.

 

This item provides that applicants for a Subclass 475 (Skilled – Regional Sponsored) visa and a Subclass 487 (Skilled – Regional Sponsored) visa will receive 15 points towards their qualifying score if they have ‘concessional competent English’.

 

The first effect of this item is that applicants for a Subclass 487 (Skilled – Regional Sponsored) visa, a Subclass 885 (Skilled – Independent) visa or a Subclass 886 (Skilled – Sponsored) visa, will no longer receive points towards their qualifying score if they have ‘vocational English’.

 

Currently, an applicant can receive 15 points towards their qualifying score if they have ‘vocational English’ and they have nominated a skilled occupation in Major Group IV in the ASCO. Subregulation 1.15B(5) of the Principal Regulations provides that an applicant for a GSM visa will have ‘vocational English’ if they satisfy the Minister that they have achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening.

Following the amendments made by items [7], [10] and [12] in this Schedule, applicants for Subclass 487, Subclass 885 and Subclass 886 visas will no longer be able to satisfy the English language requirements for those visas by having ‘vocational English’ but will rather need to have ‘competent English’.

Consequently, it is the policy that applicants for these visas should not receive points towards their qualifying score when they do not have an English language level higher than ‘vocational English’.

 

Following these amendments, applicants for Subclass 885 and Subclass 886 visas will only receive points towards their qualifying score for English language qualifications if they have ‘proficient English’ in accordance with item 6B31 or ‘competent English’ in accordance with item 6B32.

 

The second effect of this amendment is that it will no longer be a requirement for applicants for a Subclass 487 (Skilled – Regional Sponsored) visa to have been nominated by, or sponsored by a person who resides in, a specified State or Territory in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training.

 

The amendments made by item [2] of this Schedule provide that to meet the “concessional competent English” definition, Subclass 487 visa applicants will need to have an IELTS average band score of 6 for the 4 test components of speaking, reading, writing and listening. As a result, it is no longer necessary to refer in item 6B33 to suitable English language training, or to require an applicant to have paid a fee or charge for that training, because the training is merely intended to encourage applicants to bring their score up to the IELTS 6 level.

 

Item [14] – Schedule 6B, items 6B101 to 6B104

 

This item substitutes items 6B101, 6B102, 6B103 and 6B104 in Schedule 6B to the Principal Regulations with new items 6B101 and 6B102.

 

Part 6B.10 provides the points applicants will receive towards their qualifying score for partner skill qualifications. One aspect of these qualifications is that partners must have a certain level of English. The amendments change the English language levels required for certain GSM visas.

 

Item 6B101

 

New item 6B101 provides the points that a Subclass 175 (Skilled – Independent) visa applicant, a Subclass 176 (Skilled – Sponsored) visa applicant, a Subclass 885 (Skilled – Independent) visa applicant and a Subclass 886 (Skilled – Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications. These applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has ‘competent English’.

 

The effect of this item is that applicants for a Subclass 885 visa or a Subclass 886 visa, will no longer receive 5 points towards their qualifying score, if, among other things, their partner has ‘vocational English’. Current applicants whose partners have nominated a skilled occupation in Major Group IV in the ASCO and who have ‘vocational English’, will, if they satisfy the other requirements in item 6B101, receive 5 points towards their qualifying score. The amendments made by items [10] and [12] of this Schedule remove the option for Subclass 885 and Subclass 886 visa applicants to satisfy the English language requirements by having ‘vocational English’ while applicants themselves will not be able to receive points towards their qualifying score if they have ‘vocational English’ by reason of the amendments made by item [13] of this Schedule. Consequently, the policy is that applicants should no longer receive points towards their qualifying score if their partner has ‘vocational English’.

 

Item 6B102

 

New item 6B102 provides the points that a Subclass 475 (Skilled – Regional Sponsored) visa applicant and a Subclass 487 (Skilled – Regional Sponsored) visa applicant will receive towards their qualifying score for spouse or de facto partner qualifications. These applicants will receive points towards their qualifying score if, among other things, their spouse or de facto partner has ‘concessional competent English’.

 

The first effect of this item is that applicants for a Subclass 487 visa will no longer receive 5 points towards their qualifying score, if, among other things, their partner has ‘vocational English’. Current applicants whose partner has nominated a skilled occupation in Major Group IV in the ASCO and who has ‘vocational English’, will, if they satisfy the other requirements in item 6B101, receive 5 points towards their qualifying score. The amendments made by items [7] and [8] of this Schedule remove the option for Subclass 487 visa applicants to satisfy the English language requirements by having ‘vocational English’ while applicants themselves will not be able to receive points towards their qualifying score if they have ‘vocational English’ by reason of the amendments made by item [13] of this Schedule. Consequently, the policy is that applicants should no longer receive points towards their qualifying score if their spouse or interdependent partner has ‘vocational English’.

 

The second effect of this item is that to receive points for ‘concessional competent English’, partners of applicants for a Subclass 487 visa will no longer need to have been nominated by, or sponsored by a person who resides in, a specified State or Territory in which arrangements are established for suitable English-language training, nor will they need to have paid the required fee or charge for that training.

 

The amendments made by item [2] of this Schedule provide that to meet the ‘concessional competent English’ definition, Subclass 487 visa applicants will need to have an IELTS average band score of 6. As a result, it is no longer necessary for applicants to undergo suitable English language training because the training is merely intended to encourage applicants to bring their score up to the IELTS 6 level.


ATTACHMENT C

 

Amendments to the Principal Regulations by Schedule 1 to the Migration Amendment Regulations (No. ) 2009 in relation to same-sex relationships

 

Principal Regulations

Category

Amendments

Item in Schedule 1

Amendments to Division 1.2 of the Principal Regulations

Regulation 1.03, definition of aged dependent relative, paragraph (a)

Division 1.2 - Interpretation

- Definition of aged dependent relative

Substitutes paragraph (a) with new paragraph “(a) does not have a spouse or de facto partner; and”

[1]

Regulation 1.03, definition of close relative, paragraph (a), (b) and (c)

Division 1.2 - Interpretation

- Definition of close relative

Substitutes paragraphs (a) and (b) with:

“(a) the spouse or de facto partner of the person; or

(b) a child, parent, brother or sister of the person; or”

[2]

Regulation 1.03, definition of contributory parent newborn child, paragraph (a)

Division 1.2 - Interpretation

- Definition of contributory parent newborn child

Omits “a natural child of the parent” from paragraph (a); and inserts “a child (other than an adopted child) of a parent)”

[3]

Regulation 1.03, definition of contributory parent newborn child, paragraph (b)

Division 1.2 - Interpretation

- Definition of contributory parent newborn child

Omit “a natural child of the parent” from paragraph (b) and inserts “a child (other than an adopted child) of a parent”

[4]

Regulation 1.03, definition of dependent child

Division 1.2 - Interpretation

- Definition of dependent child

Omits everything before paragraph (a), and inserts

dependent child, of a person, means the child or step-child of the person (other than a child who is engaged to be married or has a spouse or de facto partner), being a child who:”

[5]

Regulation 1.03, definition of foreign armed forces dependent

Division 1.2 – Interpretation

- Definition of foreign armed forces dependent

After each mention of “spouse” inserts “or de facto partner”

[6]

Regulation 1.03, definitions of interdependent partner and interdependent relationship

Division 1.2 - Interpretation

- Definitions of interdependent partner and interdependent relationship

Omits the definition of “interdependent partner” and “interdependent relationship”

[7]

Regulation 1.03, definition of long-term interdependent relationship

Division 1.2 - Interpretation

- Definition of long-term interdependent relationship

Omits the definition of “long-term interdependent relationship”

[8]

Regulation 1.03, definition of long-term spouse relationship

Division 1.2 – Interpretation

- Definition of long-term spouse relationship

Omits everything before paragraph (a) and inserts

long-term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued:”

 

[9]

Regulation 1.03, definition of marital relationship

Division 1.2 - Interpretation

- Definition of marital relationship

Omits the definition of marital relationship

[10]

Regulation 1.03, definition of parent

Division 1.2 – Interpretation

- Definition of parent

Omits the definition of parent

[11]

Regulation 1.03, definition of spouse

Division 1.2 – Interpretation

- Definition of spouse

Omits the definition of spouse

[12]

Regulation 1.03, definition of step-child

Division 1.2 – Interpretation

- Definition of step-child

Substitutes the definition of step-child to reflect the new meaning given to the term in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008

[13]

Paragraph 1.05(1)(a)

Division 1.2 – Interpretation

- Balance of family test

 

Substitutes the requirements for when a person is a child of another person (the parent) if the person is a child or step-child

[14]

Subparagraphs 1.05(3)(d)(iv) and (v)

Substitutes subparagraph (iv) and (v) with new subparagraph (iv) that provides, “ the parent is not in a married relationship or de facto relationship with the other parent”

[15]

Regulation 1.09A

Division 1.2 – Interpretation

- Interdependent relationship

Substitutes regulation 1.09A with new regulation 1.09A. New subregulation 1.09A(1) provides, for subsection 5CB of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 the requirements for determining whether a person is an a de facto relationship. Subregulation 1.09A(2) provides that if the Minsiter is considering applications for a certain class of visa the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3). Subregulation (3) lists the matters in subregulation (2) and includes: the financial aspects of the relationship; the nature of the household; the social aspects of the relationship; and the nature of the household; the social aspects of the relationship; and the nature of the persons’ commitment to each other. Subregualtion (4) provides that if the Minsiter is considering an application for a visa of a class not mentioned in subregualtion (2), the Minister may consider any of the circumstances mentioned in subregualtion (3).

[16]

Subclause 1.12(1)

Division 1.2 – Interpretation
- Member of the family unit

 

Omits “subject” from subclause 1.12(1) and inserts “for the definition of member of the family unit in subsection 5(1) of the Act”

[17]

Subparagraph 1.12(1)(e)(i)

Substitutes subparagraph (i) with new subparagraph (i) that provides, “does not have a spouse or de facto partner; and”

[18]

Sub-subparagraph 1.12(6)(b)(ix)(A)

Substitutes sub-subparagraph (A) with new sub-subparagraph (A) that provides, “does not have a spouse or de facto partner”

[19]

Sub-subparagraph 1.12(6)(b)(x)(A)

Substitutes sub-subparagraph (A) with new sub-subparagraph (A) that provides, “does not have a spouse or de facto partner”

[20]

Sub-subparagraph 1.12(7)(b)(ix)(A)

Substitutes subparagraph (A) with new sub-subparagraph (A) that provides, “does not have a spouse or de facto partner”

[21]

Sub-subparagraph 1.12(7)(b)(x)(A)

Substitutes sub-subparagraph (A) with new sub-subparagraph (A) that provides, “does not have a spouse or de facto partner”

[22]

Paragraph 1.12(10)(c)

Inserts “or de facto partner” after each mention of the word “spouse” in paragraph (c)

[23]

Paragraph 1.12(10)(f)

Substitutes paragraph (f) with new paragraph (f) that provides, “the person is not the spouse or de facto partner of another person”.

[24]

After regulation 1.14

Division 1.2 – Interpretation
- Orphan relative

Inserts new regulation 1.14A Parent and child after regulation 1.14. New subregulation 1.14A(1) provides that a reference in these Regulations to a parent includes a step-parent; and subregulation 1.14A(2) provides that for subsection 5CA(2) of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 when a child is taken to be a child of an adoptive parent.

[25]

Paragraph 1.15(1)(a)

Division 1.2 – Interpretation
- Remaining relative

 

Omits the word “step-parent’

[26]

Paragraph 1.15(2)(a)

Omits the word “step-parent”

[27]

Subregulation 1.15(2)(b)

Inserts “or de facto partner” after each mention of the word “spouse” in subregulation 1.15(2)(b)

[28]

Regulation 1.15A

Division 1.2 – Interpretation
- Spouse

Substitutes regulation 1.15A with new regulation 1.15A. New subregulation 1.15A(1) provides for subsection 5F of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 the requirements for determining whether a spouse is in a married relationship. Subregulation 1.15A(2) provides that if the Minister is considering applications for a certain class of visa the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation 1.15A(3). Subregulation 1.15A(3) lists the matter in subregulation 1.15A(2) and includes: the financial aspects of the relationship; the nature of the household; the social aspects of the relationship; and the nature of the persons’ commitment to eachother. Subregulation 1.15A(4) provides that if the Minister is considering an application for a visa of a class not mentioned in subregulation 1.15A(2), the Minister may consider any of the circumstances mentioned in subregulation 1.15A(3).

[29]

Amendments to Division 1.4A of the Principal Regulations

Regulation 1.20B, subparagraph (a)(ii)

Division 1.4A – Temporary business entry: sponsorship and nomination

- Definition of sponsored person

 

Substitutes subparagraph (a)(ii) with new subparagraph (a)(ii) that provides, “a person who is a member of the family unit of a person who is described in subparagraph (i); and”

[30]

Regulation 1.20B, subparagraph (b)(ii)

Substitutes subparagraph (b)(ii) with new subparagraph (b)(ii) that provides, “a person who is a member of he family unit of a person who is described in subparagraph (i)”

[31]

Paragraph 1.20BA(c)

Division 1.4A – Temporary business entry: sponsorship and nomination

- Application of Division 3A of Part 2 of the Act

Substitutes paragraph (c) with new paragraph (c) that provides that, “a Subclass 457 (Business (Long Stay)) visa granted to a person who is a member of the family unit of a person who has been granted a Subclass 457 (Business (Long Stay)) visa on the basis that the requirements of subclause 457.223(4) or (5) of Schedule 2 were met.”

[32]

Paragraph 1.20HC(1)(c)

Division 1.4A – Temporary business entry: sponsorship and nomination

- Waiving a bar

Substitutes paragraph (c) with new paragraph (c) that provides, “a Subclass 457 (Business (Long Stay)) visa granted to a person who is a member of the family unit of a person who has been granted a Subclass 457 (Business (Long Stay)) visa on the basis that the requirements of subclause 457.223(4) or (5) of Schedule 2 were met.”

[33]

Amendments to Division 1.4B of the Principal Regulations

Regulation 1.20J, heading

Division 1.4B – Limitation on certain sponsorships and nominations

– Limitation on approval of sponsorships – spouse, prospective spouse and interdependency

 

Substitutes the heading with “Limitation on approval of sponsorships – spouse, partner, prospective marriage and interdependency visas”

[34]

Subregulation 1.20J(1)

Substitutes subregulation 1.20J(1) with new subregulation 1.20J(1). Subregulation 1.20J(1AA) provides that this regulation applies in relation to applications for certain visa classes. Subregulation 1.20J(1) provides that subject to subregulations 1.20J(2) and 1.20J(3), if a person applies for a visa mentioned in subregulation 1.20J(1AA) as the spouse, de facto partner or prospective marriage partner, the Minister must be satisfied that the requirements listed in paragraphs (a), (b) and (c) have been met.

[35]

Amendments to Division 1.5 of the Principal Regulations

Sub-subparagraphs 1.23(2)(a)(ii)(B), (C) and (D)

Division 1.5 – Special provisions relating to family violence

– When a person is taken to have suffered or committed family violence?

 

Substitutes sub-subparagraph (B) with new sub-subparagraph (B) that provides, “the spouse or de facto partner of the alleged perpetrator; or” and sub-subparagraph (C) with new sub-subparagraph (C) that provides, “both the alleged perpetrator and his or her spouse or de facto partner”

[36]

Subparagraph 1.23(2)(a)(iii)

Omits “spouse);” and inserts “spouse or de facto partner); and” into subparagraph 1.23(2)(a)(iii)

[37]

Subparagraph 1.23(2)(a)(iv)

Omits subparagraph 1.23(2)(a)(iv)

[38]

Subregulation 1.25(1)

Division 1.5 – Special provisions relating to family violence

– Statutory declaration by alleged victim etc

Substitutes subregulation (1) with new subregulation (1) that provides, “A statutory declaration under this regulation must be made by the spouse or de facto partner of the alleged perpetrator.”

[39]

Amendments to Division 2.1 of the Principal Regulations

Subregulation 2.03(1)

Division 2.1 – Classes, criteria, conditions etc

- Criteria applicable to classes of visas

Inserts “and subject to regulation 2.03A” after “visa)” into subregulation 2.03(1)

[40]

After subregulation 2.03

Division 2.1 – Classes, criteria, conditions etc

- Criteria applicable to de facto partners

Inserts new regulation 2.03A after regulation 2.03 with new criteria applicable to de facto partners.

 

New regulation 2.03A provides:
“(1) In addition to the criteria prescribed by regulation 2.03, if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.

 

(2) If a person mentioned in subregulation (1) applies for a visa, the Minister must be satisfied that both the applicant, and the person whom the applicant claims to be in a de facto relationship with, are at least 18.

 

(3) Subject to subregulation (4), if:

(a) a person mentioned in
subregulation (1) applies for:

(i) a permanent visa; or

(ii) a Business Skills (Provisional) (Class UR) visa; or

(iii) a Student (Temporary) (Class UT) visa; or

(iv) a Partner (Provisional) (Class UF) visa; or

(v) a Partner (Temporary) (Class UK) visa; or

(vi) a General Skilled Migration visa; and

(b) the applicant cannot establish compelling and compassionate circumstances for the grant of the visa;

the Minister must be satisfied that the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application.

(4) Subregulation (3) does not apply if the applicant applies on the basis of being:

(a) in a de facto relationship with a person who:

(i) is, or was, the holder of a permanent humanitarian visa; and

(ii) before the permanent humanitarian visa was granted, was in a de facto relationship with the applicant and informed Immigration of the existence of the relationship; or

(b) in a de facto relationship with a person who is an applicant for a permanent humanitarian visa.”

[41]

Amendments to Division 2.2 of the Principal Regulations

Paragraphs 2.07AO(3)(x) and (z)

Division 2.2 – Applications
- Applications for certain substantive visas by specified persons

Omits paragraphs 2.07AO(3)(x) and (z)

[42]

Subparagraphs 2.08A(1)(b)(i), (ii), (iii) and (iv)

Division 2.2 – Applications
- Addition of certain applicants to certain applications for permanent visas

 

Substitutes subparagraph (i) with new subparagraph (i) that provides, “the spouse of de facto partner”; and new subparagraph (ii) that provides, “a dependent child;”

[43]

Subparagraphs 2.08A(1)(c)(i), (ii), (iii) and (iv)

Substitutes subparagraph (i) with new subparagraph (i) that provides, “the spouse or de facto partner; or” and subparagraph (ii) with new subparagraph (ii) that provides, “a dependent child;”

[44]

Paragraph 2.08B(1)(b)

Division 2.2 – Applications

- Addition of certain dependent children to certain applications for temporary visas

 

Substitutes paragraph (b) with new paragraph (b) that provides, “the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have a dependent child of the original applicant added to the original applicant’s application; and”

[45]

Paragraph 2.08B(1)(c)

Substitutes paragraph (c) with new paragraph (c) that provides, “the request includes a statement that the original applicant claims that the dependent child is the dependent child of the original applicant; and”

[46]

Paragraphs 2.11(2A)(a) and (b)

Division 2.2 – Applications

- Special provisions for certain visa applications that are refused

Substitutes paragraphs 2.11(2A)(a) and (b) with new paragraphs 2.11(2A) (a) and (b). New paragraph 2.11(2A)(a) provides if the first application was for Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for both a Spouse (Provisional) (Class UF) or a Partner (Provisional) (Class UF) visa and a Spouse (Migrant) (Class BC) visa or a Partner (Migrant) (Class BC) visa; and paragraph 2.11(2AA)(b) if the first application was for both a Spouse (Provisional) (Class UF) visa or a Partner (Provisional) (Class UF) visa and a Spouse (Migrant) (Class BC) visa or a Partner (Migrant) (Class BC) visa the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa

[47]

Paragraph 2.21A(1)(c)

Division 2.2 – Applications

- Grant of Bridging A (Class WA) visas without application

Omits the term “(Spouse (Provisional)) or” from paragraph (c) and inserts the new terms “(Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a”

[48]

Amendments to Division 2.6 of the Principal Regulations

Paragraph 2.26A(8)(b)

Division 2.6 – Prescribed qualifications – application of points system

- Prescribed qualifications and number of points for skilled permanent visas and Skilled – Independent Regional (Provisional) (Class UX) visa

Inserts the term “or de facto partner” after each mention of “spouse” into paragraph (b)

[49]

Amendments to Division 3.1 of the Principal Regulations

Paragraph 3.01(4)(d)

Division 3.1 – Information to be given by arriving persons

- Provision of information (general requirement)

Substitutes paragraph (d) with new paragraph (d) that provides, “sex, and marital or relationship status;”

[50]

 

Amendments to Schedule 1 to the Principal Regulations

Schedule 1, subparagraph 1104B(3)(d)(i)

Item 1104B. Business Skills (Residence) (Class DF)

 

Omits “the spouse or former spouse” from subparagraph 1104B(3)(d)(i) and inserts “the spouse or de facto partner of the applicant, or the former spouse or former de facto partner”

[51]

Schedule 1, sub-subparagraph 1104B(3)(f)(i)(A)

Omits “the spouse or former spouse” from sub-subparagraph 1104B(3)(f)(i)(A) and inserts “the spouse or de facto partner of the applicant, or the former spouse or former de facto partner”

[52]

Schedule 1, sub-subparagraph 1104B(3)(f)(i)(B)

Item 1104B. Business Skills (Residence) (Class DF)

Omits “the spouse or former spouse” from sub-subparagraph 1104B(3)(f)(i)(B) and inserts “the spouse or de facto partner of the applicant, or the former spouse or former de facto partner”

[53]

Schedule 1, subitem 1124B

Item 1124B. Partner (Residence) (Class BS)

Omits reference to Subclass “814 (Interdependency)”

[54]

Schedule 1, subparagraph 1128BA(3)(l)(iii)

Item 1128BA. Skilled – Australian-sponsored Overseas Student (Residence)
(
Class DE)

 

Omits “spouse of the applicant seeking to satisfy the primary criteria, if applicant’s spouse” from subparagraph 1128BA(3)(i)(iii) and inserts “spouse or de facto partner of the applicant seeking to satisfy the primary criteria, if the applicant’s spouse or de facto partner”

[55]

Schedule 1, sub-subparagraph 1128BA(3)(l)(iii)(B)

Omits “child, or adoptive child,” from subparagraph 1128BA(3)(l)(iii)(B) and inserts “child”

[56]

Schedule 1, subparagraph 1129(3)(a)(ii)

Item 1129. Partner (Migrant) (Class BC)

 

Inserts “a Subclass 309 (Partner (Provisional)) visa after “(Spouse (Provisional)) visa,” in subparagraph 1129(3)(a)(ii)

[57]

Schedule 1, subparagraph 1129(3)(b)(ii)

Inserts “a Subclass 309 (Partner (Provisional)) visa after “(Spouse (Provisional)) visa,” in subparagraph 1129(3)(b)(ii)

[58]

Schedule 1, subparagraph 1129(3)(c)(ii)

Inserts “a Subclass 309 (Partner (Provisional)) visa after “(Spouse (Provisional)) visa,” in subparagraph 1129(3)(c)(ii)

[59]

Schedule 1, subparagraph 1129(3)(d)(ii)

Inserts “a Subclass 309 (Partner (Provisional)) visa after “(Spouse (Provisional)) visa,” in subparagraph 1129(3)(d)(ii)

[60]

Schedule 1, subitem 1129(4)

Omits reference to Subclass “110 (Interdependency)”

[61]

Schedule 1, sub-sub-subparagraph 1130(2)(b)(ia)(B)(II)

Item 1130. Contributory Parent (Migrant) (Class CA)

 

Omits “natural or adopted child, or step-child” from sub-sub-subparagraph 1130(2)(b)(ia)(B)(ll) and inserts “child or step-child”

[62]

Schedule 1, sub-subparagraph 1130(2)(b)(ia)(B)(III)

Omits “natural or adopted child, or step-child” from sub-sub-subparagraph 1130(2)(b)(ia)(B)(lll) and inserts “child or step-child”

[63]

Schedule 1, sub-subparagraph 1130(2)(b)(ii)(A)

Omits “natural or adopted child, or step-child” from sub-sub-subparagraph 1130(2)(b)(ii)(A) and inserts “child or step-child”

[64]

Schedule 1, sub-sub-subparagraph 1130A(2)(b)(ia)(B)(II)

Item 1130A. Contributory Aged Parent (Residence) (Class DG)

I

Omits “natural or adopted child, or step-child” from sub-sub-subparagraph 1130(2)(b)(ia)(B)(ll) and inserts “child or step-child”

[65]

Schedule 1, sub-sub-subparagraph 1130A(2)(b)(ia)(B)(III)

Omits “natural or adopted child, or step-child” from sub-sub-subparagraph 1130(2)(b)(ia)(B)(lll) and inserts “child or step-child”

[66]

Schedule 1, sub-subparagraph 1130A(2)(b)(ii)(A)

Omits “natural or adopted child, or step-child” from sub-subparagraph 1130(2)(b)(ii)(A) and inserts “child or step-child”

[67]

Schedule 1, paragraph 1135(3)(d)

Item 1135. Skilled (Migrant) (Class VE)

Substitutes paragraph 1135(1)(d) with new paragraph 1135(1)(d) to provide, “Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.”

[68]

Schedule 1, paragraph 1136(3)(c)

Item 1136. Skilled (Residence) (Class VB)

Substitutes paragraph 1136(3)(c) with new paragraph 1136(3)(c) to provide, “Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person,”

[69]

Schedule 1, subitem 1214C(4)

Item 1214C. Partner (Temporary) (Class UK)

Omits reference to Subclass “310 (Interdependency (Provisional))

[70]

Schedule 1, subitem 1220A(4)

Item 1220A. Partner (Provisional) (Class UF)

Omits reference to Subclass “310 (Interdependency (Provisional))

[71]

Schedule 1, sub-subparagraph 1223A(2)(a)(vi)(B)

Item 1223A. Temporary Business Entry (Class UC)

 

Substitutes sub-subparagraph 1223A(2)(a)(vi)(B) with new sub-subparagraph 1223A(2)(a)(vi)(B) to provide, “applying for a visa that will permit the applicant to remain in Australia for more than 3 months, and who is a member of the family unit of an applicant mentioned in subparagraph (v): Nil.”

[72]

Schedule 1, paragraph 1223A(3)(c)

Omits everything after subparagraph (i), and inserts “(ii) claims to be a member of the family unit of a person who seeks to satisfy the primary criteria (the primary applicant); the application may be made at the same time and place, as and combined with, an application by the primary applicant or any other applicant who claims to be a member of the family unit of the primary applicant.”

[73]

Schedule 1, subparagraph 1223A(3)(ca)(ii)

Substitutes subparagraph 1223A(3)(ca)(ii) with new subparagraph 1223A(3)(ca)(ii) to provide, “(ii) claims to be a member of the family unit of an applicant who seeks to satisfy, or has satisfied, the primary criteria on the basis of meeting the requirements of subclause 457.223(2), (3), (4) or (10) of Schedule 2;”

[74]

Schedule 1, paragraph 1228(3)(d)

Item 1228. Skilled (Provisional) (Class VF)

Substitutes paragraph 1228(3)(d) with new paragraph 1228(3)(d) to provide, “(d) Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.”

[75]

Schedule 1, paragraph 1229(3)(b)

Item 1229. Skilled (Provisional) (Class VC)

 

Substitutes paragraph 1229(3)(b) with new paragraph 1229(3)(b) to provide, “(b) Applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.”

[76]

Schedule 1, paragraph 1229(3)(d)

Substitutes paragraph 1229(3)(d) with new paragraph 1229(3)(d) to provide, “(d) Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.”

[77]

Schedule 1, subitem 1229(9)

Substitutes subitem 1229(9) with new subitem 1229(9) to provide, “(9) The applicant must claim to be a member of the family unit of an applicant who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying the primary criteria for the grant of the visa.”

[78]

Amendments to Schedule 2 to the Principal Regulations

Schedule 2, Part 100, heading

Subclass 100 – Spouse

 

Substitutes the heading in Schedule 2, part 100 to provide, “Subclass 100 Partner”

[79]

clause 100.111, definition of sponsoring spouse

Substitutes the definition of sponsoring spouse in clause 100.111 with a new definition of sponsoring partner

[80]

Schedule 2, clause 100.111, note

Substitutes the note, with a new note in clause 100.111 to provide that Australian permanent reside, eligible New Zealand citizen, long-term partner relationship and permanent humanitarian visa are defined in regulation 1.03, spouse is defined in section 5F of the Act, and de facto partner is defined in section 5CB of the Act.

[81]

Schedule 2, subparagraph 100.221(2)(a)(i)

Inserts “or a Subclass 309 (Partner (Provisional)) visa” after “visa” in subparagraph 100.221(2)(a)(i).

[82]

Schedule 2, paragraph 100.221(2)(b)

Substitutes paragraph 100.221(2)(b) with new paragraph 100.221(2)(b) to provide, “the applicant is the spouse or de facto partner of the sponsoring partner; and”

[83]

Schedule 2, paragraph 100.221(2A)(a)

Inserts “or a Subclass 309 (Partner (Provisional)) visa” after “visa” in paragraph 100.221(2A)(a)

[84]

Schedule 2, paragraph 100.221(2A)(b)

Substitutes paragraph 100.221(2A)(b) with new paragraph 100.221(2A)(b) to provide, “the applicant is the spouse of de facto partner of the sponsoring partner; and”

[85]

Schedule 2, paragraph 100.221(3)(a)

Inserts “or a Subclass 309 (Partner (Provisional)) visa” after “Spouse (Provisional)) visa”

[86]

Schedule 2, paragraph 100.221(3)(c)

Omits “spouse of the sponsoring spouse if he sponsoring spouse” and inserts “spouse or de facto partner of the sponsoring partner if the sponsoring partner” in paragraph 100.221(3)(c)

[87]

Schedule 2, paragraph 100.221(4)(a)

Inserts “or a Subclass 309 (Partner (Provisional)) visa” after “Spouse (Provisional)) visa”

[88]

Schedule 2, subparagraph 100.221(4)(c)(i)

Omits each mention of “sponsoring spouse” and inserts “sponsoring partner” in subparagraph 100.221(4)(c)(i)

[89]

Schedule 2, paragraph 100.221(4A)(a)

After “(Spouse (Provisional)) visa” inserts “or a Subclass 309 (Partner (Provisional)) visa in paragraph 100.221(4A)(a)

[90]

Schedule 2, subclause 100.221(5)

Omits “long-term spouse relationship with the sponsoring spouse” and inserts “long-term partner relationship with the sponsoring partner” in subclause 100.221(5)

[91]

Schedule 2, paragraph 100.221(6)(b)

Omits “spouse relationship” and inserts “married relationship or de facto relationship” in paragraph 100.221(6)(b)

[92]

Schedule 2, paragraph 100.321(a)

Inserts “or a Subclass 309 (Partner (Provisional)) visa” after “Spouse (Provisional)) visa”

[93]

Schedule 2, sub-subparagraph 100.321(d)(i)(B)

Substitutes sub-subparagraph 100.321(d)(i)(B) with new sub-subparagraph 100.321(d)(i)(B) to provide “(B) a Subclass 309 (Spouse (Provisional)) visa; or (C) a Subclass 309 (Partner (Provisional)) visa;”

[94]

Schedule 2, sub-subparagraph 100.321(d)(ii)(A)

Omits “Child) or Subclass 309 (Spouse (Provisional)) visa” and inserts “Child), a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa”

[95]

Schedule 2, Division 101.1, heading, note

Subclass 101 – Child

 

Omits “and spouse is defined in regulation 1.15A” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[96]

Schedule 2, sub-subparagraph 101.211(1)(c)(i)(A)

Substitutes sub-subparagraph 101.211(1)(c)(i)(A) with new sub-subparagraph 101.211(1)(c)(i)(A) to provide “the child (other than an adopted child); or”

[97]

Schedule 2, subparagraph 102.211(3)(c)(i)

Subclass 102 – Adoption

Omits “an unmarried person” and inserts “ a person who is not in a married relationship or de facto relationship, and” in subparagraph 102.211(3)(c)(i)

[98]

Schedule 2, Division 103.1, heading, note

Subclass 103 - Parent

Omits “guardian parent, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part” and inserts “guardian and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act, spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).

[99]

Schedule 2, paragraph 103.212 (2)(b)

Subclass 103 - Parent

After each mention of “spouse” inserts “or de facto partner” in paragraph 103.212(2)(b)

[100]

Schedule 2, paragraph 105.211(b)

Subclass 105 – Skilled – Australian - linked

 

Substitutes paragraph 105.211(b) with new paragraph 105.211(b) to provide “is a child (other than a dependent child);”

[101]

Schedule 2, clause 105.223

Substitutes clause 105.223 with new clause 105.223 to provide, “If the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27, the spouse or de facto partner of the applicant, was at the time of application, of working age.”

[102]

Schedule 2, subclause 105.224(2)

After each mention of “spouse” inserts “or de facto partner”

[103]

Schedule 2, paragraph 106.221(b)

Subclass 106 – Regional-linked

 

Substitutes paragraph 106.221(b) with new paragraph 106.221(b) with “is a child (other than a dependent child); or”

[104]

Schedule 2, subclause 106.223(3)

After each mention of “spouse” inserts “or de facto partner” in subclause 106.223(3)

[105]

Schedule 2, subclause 106.223(4)

After each mention of “spouse” inserts “or de facto partner” in subclause 106.223(4)

[106]

Schedule 2, Part 110

Subclass 110 – Interdependency

Omits Part 110 from Schedule 2 to the Principal Regulations

[107]

Schedule 2, Division 114.1, heading, note

Subclass 114 – Aged Dependent Relative

 

Omits “and spouse is defined in regulation 1.15A. There are no interpretation provisions specific to this Part” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in division 114.1, heading, note.

[108]

Schedule 2, paragraph 114.212(1)(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 114.212(1)(b)

[109]

Schedule 2, Division 115.1, heading, note

Subclass 115 – Remaining Relative

 

Omits “and spouse is defined in regulation 1.15A. There are no interpretation provisions specific to this Part” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in division 115.1, heading, note.

[110]

Schedule 2, paragraph 115.212(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 115.212(b)

[111]

Schedule 2, Division 116.1, heading, note

Subclass 116 – Carer

 

Omits “and spouse is defined in regulation 1.15A. There are no interpretation provisions specific to this Part” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in division 115.1, heading, note.

[112]

Schedule 2, paragraph 116.212(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 116.212(b)

[113]

Schedule 2, clause 117.111, note

Subclass 117 – Orphan Relative

 

Omits “and spouse is defined in regulation 1.15A” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[114]

Schedule 2, paragraph 117.212(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 117.212(b)

[115]

Schedule 2, Division 118.1, heading, note

Subclass 118 – Designated Parent

 

Omits “settled, spouse and working age parent are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part” and inserts “settled and working age parent are defined in regulation 1.03, balance of family test is defined in regulation 1.05, spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[116]

Schedule 2, paragraph 118.213(2)(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 118.213(2)(b).

[117]

Schedule 2, paragraph 132.212(a)

Subclass 132 – Business Talent

After each mention of “spouse” inserts “or de facto partner” in paragraph 132.212(a)

[118]

Schedule 2, paragraph 132.212(b)

Subclass 132 – Business Talent

 

After each mention of “spouse” inserts “or de facto partner” in paragraph 132.212(b)

[119]

Schedule 2, clause 132.214

After each mention of “spouse” inserts “or de facto partner” in clause 132.214

[120]

Schedule 2, paragraph 137.214(1)(b)

Omits “spouse or former spouse” and inserts “spouse or de facto partner, or former spouse or former de facto partner” in paragraph 137.214(1)(b)

[121]

Schedule 2, paragraph 137.221(b)

Subclass 137 – Skilled – State/Territory – nominated Independent

 

Omits “spouse or former spouse” and inserts “spouse or de facto partner, or former spouse or former de facto partner” in paragraph 137.221(b)

[122]

Schedule 2, paragraph 137.221A(1)(b)

Omits “spouse or former spouse” and inserts “spouse or de facto partner, or former spouse or former de facto partner” in paragraph 137.221A(1)(b)

[123]

Schedule 2, paragraph 137.222(b)

Omits “spouse or former spouse” and inserts “spouse or de facto partner, or former spouse or former de facto partner” in paragraph 137.222(b)

[124]

Schedule 2, clause 138.211

Subclass 138 – Skilled – Australian-sponsored

 

Omits “spouse or former spouse” and inserts “spouse or de facto partner, or former spouse or former de facto partner” in clause 138.211

[125]

Schedule 2, paragraph 138.211(b)

Omits “or adoptive child, or step-child” and inserts “or a step-child” in paragraph 138.211(b)

[126]

Schedule 2, paragraph 139.211A(b)

Subclass 139 – Skilled – Designated Area-sponsored

Omits “or adoptive child, or step-child” and inserts “or a step-child” in paragraph 139.211A(b)

[127]

Schedule 2, clause 143.111, note

Subclass 143 – Contributory Parent

 

Omits “parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05” and inserts “parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in clause 143.111.

[128]

Schedule 2, paragraph 143.212(2)(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 143.212(2)(b).

[129]

Schedule 2, paragraph 160.212(a)

Subclass 160 – Business Owner (Provisional)

 

After each mention of “spouse” inserts “or de facto partner” in paragraph 160.212(a)

[130]

Schedule 2, paragraph 160.212(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 160.212(b)

[131]

Schedule 2, clause 160.214

After each mention of “spouse” inserts “or de facto partner” in clause 160.214

[132]

Schedule 2, clause 161.213

Subclass 161 – Senior Executive (Provisional)

After each mention of “spouse” inserts “or de facto partner” in clause 161.213

[133]

Schedule 2, subclause 162.212(2)

Subclass 162 – Investor (Provisional)

 

After each mention of “spouse” inserts “or de facto partner” in subclause 162.212(2)

[134]

Schedule 2, subclause 162.212(3)

After each mention of “spouse” inserts “or de facto partner” in subclause 162.212(3)

[135]

Schedule 2, clause 162.222

After each mention of “spouse” inserts “or de facto partner” in clause 162.222

[136]

Schedule 2, clause 163.213

Subclass 163 – State/Territory Sponsored Business Owner (Provisional)

After each mention of “spouse” inserts “or de facto partner” in clause 163.213

[137]

Schedule 2, clause 164.213

Subclass 164 – State/Territory Sponsored Senior Executive (Provisional

After each mention of “spouse” inserts “or de facto partner” in clause 164.213

[138]

Schedule 2, subclause 165.212(2)

Subclass 165 – State/Territory Sponsored Investor (Provisional)

 

After each mention of “spouse” inserts “or de facto partner” in subclause 165.212(2)

[139]

Schedule 2, subclause 165.212(3)

After each mention of “spouse” inserts “or de facto partner” in subclause 165.213(3)

[140]

Schedule 2, clause 165.222

After each mention of “spouse” inserts “or de facto partner” in clause 165.222

[141]

Schedule 2, Division 173.1, heading, note

Subclass 173 – Contributory Parent (Temporary)

 

Omits “parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05” and inserts “parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in the note in division 173.1

[142]

Schedule 2, paragraph 173.212(2)(b)

After each mention of “spouse” inserts “or de facto partner” in paragraph 173.212(2)(b)

[143]

Schedule 2, Division 175.2, heading, note

Subclass 175 – Skilled - Independent

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note in division 175.2

[144]

Schedule 2, clause 175.225

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 175 visa, is a person who:” in clause 175.225

[145]

Schedule 2, paragraph 175.227(a)

Substitutes paragraph 175.227(a) with new paragraph 175.227(a) to provides “is a member of the family unit of the applicant; and”

[146]

Schedule 2, Division 175.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 175.3

[147]

Schedule 2, clause 175.311

Substitutes clause 175.311 with new clause 175.311 to provide “The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 175.21 and made a combined application with that person.”

[148]

Schedule 2, clause 175.321

Substitutes clause 175.321 with new clause 175.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 175 visa.”

[149]

Schedule 2, Division 176.2, heading, note

Subclass 176 – Skilled - Sponsored

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note in division 176.2.

[150]

Schedule 2, subparagraph 176.222(3)(a)(iv)

Omits everything before sub-subparagraph (C) and inserts “(iv) is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 176 visa), as: (A) a parent; or (B) a child or a step-child; or” in subparagraph 176.222(3)(a)(iv).

[151]

Schedule 2, clause 176.226

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 176 visa, is a person who:” in clause 176.226

[152]

Schedule 2, paragraph 176.228(a)

Substitutes paragraph 176.228(a) with new paragraph 176.228(a) to provide “is a member of the family unit of the applicant; and”

[153]

Schedule 2, Division 176.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note in division 176.3

[154]

Schedule 2, clause 176.311

Substitutes clause 176.311 with new clause 176.311 to provide “The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 176.21 and made a combined application with that person.”

[155]

Schedule 2, clause 176.321

Substitutes clause 176.321 with new clause 176.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 176 visa.”

[156]

Schedule 2, subparagraphs 204.212(2)(b)(i), (ii) and (iii)

Subclass 204 – Woman at Risk

Substitutes subparagraphs 204.212(2)(b)(i), (ii) and (iii) with new subparagraph (i) and (ii) to provide, “(i) the applicant was a former spouse or a former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.”

[157]

Schedule 2, clause 300.111, note

Subclass 300 – Prospective Marriage

 

Omits “citizen, guardian and parent are defined in regulation 1.03” and inserts “citizen and guardian are defined in regulation 1.30, and parent is defined in subsection 5(1) of the Act (also see regulation 1.14A)” in the note in clause 300.111.

[158]

Schedule 2, subparagraphs 300.212(2)(b)(i), (ii) and (iii)

Substitutes subparagraphs 300.212(2)(b)(i), (ii) and (iii) with new subparagraphs 300.212(2)(b)(i) and (ii) to provide, “(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.”

[159]

Schedule 2, Part 309, heading

Subclass 309 – Spouse (Provisional)

 

Substitutes Part 309, heading with new heading that provides “Subclass 309 Partner (Provisional)

[160]

Schedule 2, clause 309.111, note

Omits the note “citizen, guardian, parent and spouse are defined in regulation 1.03” and inserts a note to provide that “citizen and guardian are defined in regulation 1.03, and parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), spouse is defined in section 5F of the Act (also see regulation 1.15A) and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[161]

Schedule 2, subclause 309.211(2), note

Omits the note in subclause 309.211(2)

[162]

Schedule 2, subclause 309.212(1)

Omits “spouse, or intended spouse,” and inserts “spouse, de facto partner or intended spouse”

[163]

Schedule 2, subclause 309.212(2)

Substitutes criteria to be satisfied at time of application to provide “(2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if: (a) the applicant is a male person; and (b) the spouse, de facto partner or intended spouse is a woman who was granted a woman-at-risk visa within the 5 years immediately preceding the application; and (c) on the date of grant of that visa: (i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.”

[164]

Schedule 2, paragraph 309.213(1)(a)

Inserts “ or de facto partner” after each mention of “spouse”.

[165]

Schedule 2, clause 309.223

Inserts “ or de facto partner” after each mention of “spouse”.

[166]

Schedule 2, Part 310

Subclass 310 – Interdependency (Provisional)

Omits Part 310 from Schedule 2 to the Principal Regulations

[167]

Schedule 2, clause 405.221

Subclass 405 – Investor Retirement

 

Inserts “ or de facto partner” after each mention of “spouse”.

[168]

Schedule 2, subclause 405.227(2)

Inserts “or de facto partner” after each mention of “spouse”.

[169]

Schedule 2, subclause 405.227(3)

Inserts “or de facto partner” after each mention of “spouse”.

[170]

Schedule 2, paragraph 405.227(4)(b)

Substitutes criteria to be satisfied at time of decision to provide “(b) other than resources relating to inheritance, or to the applicant’s, the spouse’s or the de facto partner’s superannuation or pension – have been held by any combination of: (i) the applicant; and (ii) the applicant’s spouse or de facto partner; and (iii) the applicant and his or her spouse or de facto partner together; throughout the 2 years immediately before the application for an Investor Retirement (Class UY) visa is made.”

[171]

Schedule 2, paragraph 405.227(5)(b)

Omits “a spouse – the spouse’s” and inserts “a spouse or de facto partner – the spouse’s or de facto partner”.

[172]

Schedule 2, subclause 405.227(7)

Inserts “or de facto partner” after each mention of “spouse”.

[173]

Schedule 2, subclause 405.228(2)

Inserts “or de facto partner” after each mention of “spouse”

[174]

Schedule 2, subclause 405.228(3)

Inserts “or de facto partner” after each mention of “spouse”

[175]

Schedule 2, subparagraph 405.228 (5)(a)(ii)

Omits “a spouse – the spouse’s” and inserts “a spouse or de facto partner – the spouse’s or de facto partner”.

[176]

Schedule 2, subparagraph 405.228 (5)(b)(ii)

Omits “a spouse – the spouse’s” and inserts “a spouse or de facto partner – the spouse’s or de facto partner”.

[177]

Schedule 2, subclause 405.228(6A)

Inserts “or de facto partner” after each mention of “spouse”

[178]

Schedule 2, subclause 405.228(8)

Inserts “or de facto partner” after each mention of “spouse”

[179]

Schedule 2, clause 405.312

Inserts “or de facto partner” after each mention of “spouse”

[180]

Schedule 2, clause 405.323

Inserts “or de facto partner” after each mention of “spouse”

[181]

Schedule 2, subclause 410.221(3)

Subclass 410 - Retirement

 

Inserts “or de facto partner” after each mention of “spouse”

[182]

Schedule 2, subclause 410.221(8)

Inserts “or de facto partner” after each mention of “spouse”

[183]

Schedule 2, clause 410.312

Inserts “or de facto partner” after each mention of “spouse”

[184]

Schedule 2, after paragraph 445.111(a)

Subclass 445 - Dependent Child

 

Inserts new paragraph (aa) to provide that for this Part, the parent of an applicant is a visa-holding parent if he or she holds any of the following visas: “(aa) Subclass 309 (Partner (Provisional));”.

[185]

Schedule 2, after paragraph 445.111(d)

Inserts new paragraph (da) in Clause 445.111 to provide that for this Part, the parent of an applicant is a visa-holding parent if he or she holds any of the following visas: “(da) Subclass 820 (Partner);”.

[186]

Schedule 2, subparagraph 450.211(a)(ii)

Subclass 450 – Resolution of Status – Family Member (Temporary)

Inserts “or de facto partner” after each mention of “spouse”

[187]

Schedule 2, Division 457.2, heading, note

Subclass 457 – Business (Long Stay)

 

Omits “unit, or the interdependent partner or dependent child or the interdependent partner,” and inserts “unit”

[188]

Schedule 2, clause 457.227A

Omits clause 457.227A from Division 457.2 of the Principal Regulations.

[189]

Schedule 2, clause 457.321

Substitutes, “The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 visa” in Clause 457.321 of Part 457 of the Principal Regulations.

[190]

Schedule 2, clause 457.321A

Omits clause 457.321A from Division 457.3 of the Principal Regulations.

[191]

Schedule 2, clause 457.324A

Substitutes time of decision criteria to provide “ The applicant is a member of the family unit of the applicant who satisfied the criterion in clause 457.223 of being sponsored by an approved sponsor within the meaning of section 140D of the Act, and is included in that sponsorship.”

[192]

Schedule 2, paragraphs 457.325 (c) and (d)

Substitutes time of decision criteria to provide that “(c) if the applicant is a member of the family unit of an applicant who seeks to meet the requirements of subclause 457.223(7A) – satisfies public interest criterion 4005; and (d) unless the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223(9) – satisfies public interest criterion 4006A.” in clause 457.325.

[193]

Schedule 2, paragraph 457.511(e)

Omits paragraph 457.511(e) from clause 457.511 in Part 457 of Schedule 2 to the Principal Regulations

[194]

Schedule 2, Division 459.1, heading, note

Subclass 459 – Sponsored Business Visitor (Short Stay)

Omits “and spouse is defined in regulation 1.15A. There is no interpretive provisions specific to this Part.” and inserts spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[195]

Schedule 2, Division 475.2, heading, note

Subclass 475 – Skilled - Regional Sponsored

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to the heading in Division 475.2.

[196]

Schedule 2, paragraph 475.213(3)(d)

Omits everything before subparagraph 475.213(3)(d) (iii) and inserts “(d) is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 475 visa) as: (i) a parent; or (ii) a child or step-child; or” in subclause 475.213(3).

[197]

Schedule 2, clause 475.226

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 475 visa, is a person who:” in clause 475.226.

[198]

Schedule 2, paragraph 475.228(a)

Substitutes paragraph (a) to provide “(a) is a member of the family unit of the applicant; and” in clause 475.228.

[199]

Schedule 2, Division 475.3, heading, note

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in the note to Division 475.2.

[200]

Schedule 2, paragraph 475.311(a)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in paragraph 475.311(a).

[201]

Schedule 2, paragraph 475.311(b)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in paragraph 475.311(b).

[202]

Schedule 2, clause 475.321

Substitutes clause 475.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 475 visa.”

[203]

Schedule 2, Division 476.2, heading, note

Subclass 476 – Skilled - Recognised Graduate

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit”.

[204]

Schedule 2, clause 476.224

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:” in clause 476.224.

[205]

Schedule 2, paragraph 476.225(a)

Substitutes paragraph (a) to provide “(a) is a member of the family unit of the applicant; and” in clause 476.225.

[206]

Schedule 2, Division 476.3, heading, note

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in the note to Division 476.3.

[207]

Schedule 2, paragraph 476.311(a)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 476.311.

[208]

Schedule 2, paragraph 476.311(b)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 476.311.

[209]

Schedule 2, clause 476.321

Substitutes clause 476.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.”

[210]

Schedule 2, Division 485.2, heading, note

Subclass 485 – Skilled - Graduate

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 485.2.

[211]

Schedule 2, clause 485.226

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 485 visa, is a person who:” in clause 485.226.

[212]

Schedule 2, paragraph 485.227(a)

Substitutes paragraph (a) to provide “(a) is a member of the family unit of the applicant; and” in clause 485.227.

[213]

Schedule 2, Division 485.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 485.3.

[214]

Schedule 2, paragraph 485.311(a)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 485.311.

[215]

Schedule 2, paragraph 485.311(b)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 485.311.

[216]

Schedule 2, clause 485.321

Substitutes clause 485.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 485 visa.”

[217]

Schedule 2, Division 487.2, heading, note

Subclass 487 – Skilled -Regional Sponsored

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 487.2

[218]

Schedule 2, paragraph 487.213(3)(d)

Omits everything before subparagraph (iii) and inserts “(d) is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 487 visa), as: (i) a parent; or (ii) a child or a step-child; or” in paragraph 487.213(3)(d)

[219]

Schedule 2, clause 487.230

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 487 visa, is a person who:” in clause 487.230.

[220]

Schedule 2, paragraph 487.232(a)

Substitutes paragraph (a) to provide “(a) is a member of the family unit of the applicant; and” in clause 487.232.

[221]

Schedule 2, Division 487.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 487.3

[222]

Schedule 2, paragraph 487.311(a)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 487.311.

[223]

Schedule 2, paragraph 487.311(b)

Omits “unit, or the interdependent partner or a dependent child of the interdependent partner,” and inserts “unit” in clause 487.311.

[224]

Schedule 2, 487.312

Omits clause 487.312 in Division 487.3 of Part 487 of Schedule 2 to the Principal Regulations.

[225]

Schedule 2, clause 487.321

Substitutes clause 487.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 487 visa.”

[226]

Schedule 2, paragraph 496.212(c)

Subclass 496 – Skilled – Designated Area-sponsored (Provisional)

 

Omits “spouse, if the applicant’s spouse” and inserts “spouse or de facto partner, if the applicant’s spouse or de facto partner”

[227]

Schedule 2, subparagraph 496.212(c)(ii)

Omits “adoptive child, or a step-child,” and inserts “a step child” in subparagraph 496.212(c)(ii).

[228]

Schedule 2, Part 801, heading

Subclass 801 – Spouse

 

Substitutes the heading of part 801 to provide for the new heading of part 801: “Subclass 801 Partner”.

[229]

Schedule 2, clause 801.111, definition of sponsoring spouse

Substitutes the definition of sponsoring spouse with “sponsoring partner means: (a) the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for the Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa as the spouse or de facto partner of the applicant; or (b) for a person to whom the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant a Subclass 820 (Spouse) visa or a Subclass 820 (Partner) visa – the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de fact partner of that person at the time the visa was granted.”

[230]

Schedule 2, clause 801.111, note

Substitutes the note at the end of clause 801.111 to provide “Note Australian permanent resident, eligible New Zealand citizen and long-tern partner relationship are defined in regulation 1.03, spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).”

[231]

Schedule 2, paragraph 801.221(2)(c)

Substitutes time of decision criteria to provide “(c) the applicant is the spouse or de facto partner of the sponsoring partner; and” in subclause 801.221(2)

[232]

Schedule 2, paragraph 801.221(2A)(a)

Inserts “or a Subclass 820 (Partner) visa” after “visa” in paragraph 801.221(2A)(a).

[233]

Schedule 2, paragraph 801.221(2A)(b)

Substitutes time of decision criteria to provide “(b) the applicant is the spouse or de facto partner of the sponsoring partner; and” in subclause 801.221(2A).

[234]

Schedule 2, paragraph 801.221(5)(c)

Omits “Spouse of the sponsoring spouse if the sponsoring spouse” and inserts “spouse or de factor partner of the sponsoring partner if the sponsoring partner” in paragraph 801.221(5)(c).

[235]

Schedule 2, subclause 801.221(6)

Omits each mention of “sponsoring spouse” and inserts “sponsoring partner” in subclause 801.221(6).

[236]

Schedule 2, subclause 801.221(6A)

Omits “long-term spouse relationship with the sponsoring spouse” and inserts “long-term partner relationship with the sponsoring partner” in subclause 801.221(6A)

[237]

Schedule 2, paragraph 801.311(3)(a)

Inserts “or a Subclass 820 (Partner) visa” after “visa” in paragraph 801.311(3)(a)

[238]

Schedule 2, subparagraph 801.311(3)(b)(i)

Inserts “or a Subclass 820 (Partner) visa” after “visa” in subparagraph 801.311(3)(b)(i).

[239]

Schedule 2, sub-subparagraph 801.321(a)(i)(B)

Substitutes “(B) a Subclass 820 (Spouse) visa; or (C) a Subclass 820 (Partner) visa;” in subparagraph 801.321(a)(i)(B).

[240]

Schedule 2, sub-sub-subparagraph 801.321(a)(iii)(A)(II)

Substitutes “(II) a Subclass 820 (Spouse) visa; or (III) a Subclass 820 (Partner) visa;” in sub-sub-subparagraph 801.321(a)(iii)(A)(II).

[241]

Schedule 2, sub-subparagraph 801.321(a)(iii)(B)

Omits “Child) or Subclass 820 (Spouse) visa” and inserts “Child), Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa” in sub-subparagraph 801.321(a)(iii)(B).

[242]

Schedule 2, paragraph 804.212(2)(b)

Subclass 804 – Aged Parent

Inserts “or de facto partner” after each mention of “spouse” in paragraph 804.212(2)(b).

[243]

Schedule 2, Part 814

Subclass 814 – Interdependency

Omits Part 814 from Schedule 2 to the Principal Regulations.

[244]

Schedule 2, Part 820, heading

Subclass 820 - Spouse

 

Substitutes the heading of Part 820 to provide for the new heading of Part 820: “Subclass 820 Partner”.

[245]

Schedule 2, clause 820.111, definition of sponsoring spouse

Substitutes the definition of sponsoring spouse with “sponsoring partner means: (a) for an applicant who is, or was, the holder of a prospective marriage (temporary) visa – the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for that visa as the person whom the applicant intended to marry after entry into Australia; or (b) for any other applicant – the Australian citizen, Australian permanent resident or eligible New Zealand citizen who wasspecified in the application as the spouse or de facto partner of the applicant.”

[246]

Schedule 2, clause 820.111, note

Inserts “For spouse, see section 5F of the Act (also see regulation 1.15A). For de facto partner, see section 5CB of the Act (also see regulation 1.09A).” after “regulation 1.03.” in the note at the end of clause 820.111.

[247]

Schedule 2, paragraph 820.211(2)(a)

Omits everything before subparagraph (i), and inserts “(a) the applicant is the spouse or de facto partner of a person who:” in subclause 820.211(2).

[248]

Schedule 2, subparagraph 820.211(2)(c)(i)

Inserts “or de facto partner” after each mention of “spouse” in subparagraph 820.211(2)(c)(i).

[249]

Schedule 2, subclause 820.211(2B)

Omits everything before paragraph (a) and inserts “(2B) The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if” in clause 820.211.

[250]

Schedule 2, subparagraphs 820.211(2B)(b)(i), (ii) and (iii)

Substitutes time of application criteria to provide “(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman, and that relationship had not been declared to Immigration.” in paragraph 820.211(2B)(b).

[251]

Schedule 2, paragraph 820.211(7)(d)

Omits “sponsoring spouse if the sponsoring spouse” and inserts “sponsoring partner if the sponsoring partner” in paragraph 820.211(7)(d).

[252]

Schedule 2, subclause 820.211(8)

Omits each mention of “sponsoring spouse” and inserts “sponsoring partner” in subclause 820.211(8).

[253]

Schedule 2, subclause 820.211(9)

Omits each mention of “sponsoring spouse” and inserts “sponsoring partner” in subclause 820.211(9).

[254]

Schedule 2, paragraph 820.221(2)(b)

Omits “spouse of the sponsoring spouse if the sponsoring spouse” and inserts “spouse or de facto partner of the sponsoring partner if the sponsoring partner” in paragraph 820.221(2)(b).

[255]

Schedule 2, subclause 820.221(3)

Omits each mention of “sponsoring spouse” and inserts “sponsoring partner” in subclause 820.221(3).

[256]

Schedule 2, Part 826

Subclass 826 - Interdependency

Omits Part 826 from Schedule 2 to the Principal Regulations.

[257]

Schedule 2, clause 835.111, note

Subclass 835 - Remaining Relative

 

Omits “regulation 1.15 and spouse is defined in regulation 1.15A.” and inserts “regulation 1.15, spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).” in the note at the end of clause 835.111.

[258]

Schedule 2, paragraph 835.213(b)

Inserts “or de facto partner” after each mention of “spouse” in paragraph 835.213(b).

[259]

Schedule 2, paragraph 836.213(b)

Subclass 836 – Carer

Inserts “or de facto partner” after each mention of “spouse” in paragraph 836.213(b).

[260]

Schedule 2, clause 837.111, note

Subclass 837 – Orphan Relative

 

Omits “and spouse is defined in regulation 1.15A.” and inserts “spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A).” in the note at the end of clause 837.111.

[261]

Schedule 2, paragraph 837.214(b)

Inserts “or de facto partner” after each mention of “spouse” in paragraph 837.214(b).

[262]

Schedule 2, paragraph 838.213(b)

Subclass 838 – Aged Dependent Relative

Inserts “or de facto partner” after each mention of “spouse” in paragraph 838.213(b).

[263]

Schedule 2, paragraph 845.212(b)

Subclass 845 – Established Business in Australia

 

Omits “spouse or former spouse” and inserts “spouse or de facto partner of the applicant, or former spouse or former de facto partner,” in paragraph 845.212(b).

[264]

Schedule 2, paragraph 845.212(c)

Omits “spouse or former spouse” and inserts “spouse or de facto partner of the applicant, or former spouse or former de facto partner,” in paragraph 845.212(b).

[265]

Schedule 2, clause 845.214

Inserts “or de facto partner” after each mention of “spouse” in clause 845.214.

[266]

Schedule 2, clause 845.215

Inserts “or de facto partner” after each mention of “spouse” in clause 845.215.

[267]

Schedule 2, clause 846.213

Subclass 846 –State/Territory Sponsored Regional Established Business in Australia

 

Inserts “or de facto partner” after each mention of “spouse” in clause 846.213.

[268]

Schedule 2, clause 846.214

Inserts “or de facto partner” after each mention of “spouse” in clause 846.214.

[269]

Schedule 2, paragraph 850.311(b)

Subclass 850 - Resolution of Status (Temporary)

 

Inserts “or de facto partner” after each mention of “spouse” in paragraph 850.311(b)

[270]

Schedule 2, paragraph 850.321(5)(c)

Inserts “or de facto partner” after each mention of “spouse” in paragraph 850.321(5)(c).

[271]

Schedule 2, subparagraph 850.321(5)(d)(i)

Omits “spouse relationship between the spouse” and inserts “married relationship or de facto relationship between the spouse or de facto partner” in subparagraph 850.321(5)(d)(i).

[272]

Schedule 2, subparagraph 850.321(5)(d)(ii)

Omits “spouse relationship between the spouse” and inserts “married relationship or de facto relationship between the spouse or de facto partner” in subparagraph 850.321(5)(d)(ii).

[273]

Schedule 2, clause 862.211

Subclass 862 - Skilled — Onshore Australian-sponsored New Zealand Citizen

 

Omits “spouse, if the applicant’s spouse” and inserts “spouse or de facto partner, if the applicant’s spouse or de facto partner” in clause 862.211.

[274]

Schedule 2, paragraph 862.211(b)

Omits “adoptive child, or a step-child,” and inserts “a step-child” in paragraph 862.211(b).

[275]

Schedule 2, clause 863.211

Subclass 863 - Skilled — Onshore Designated Area-sponsored New Zealand Citizen

 

Omits “spouse, if the applicant’s spouse” and inserts “spouse or de facto partner, if the applicant’s spouse or de facto partner” in clause 863.211.

[276]

Schedule 2, paragraph 863.211(b)

Omits “adoptive child, or a step-child,” and inserts “a step-child” in paragraph 863.211(b).

[277]

Schedule 2, clause 864.111, note

Subclass 864 – Contributory Aged Parent

 

Omits “parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05.” and inserts “parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in the note at the end of clause 864.111.

[278]

Schedule 2, paragraph 864.213(2)(b)

Inserts “or de facto partner” after each mention of “spouse” in paragraph 864.213(2)(b).

[279]

Schedule 2, paragraph 883.211(c)

Subclass 883 - Skilled — Designated Area-sponsored (Residence)

 

Omits “spouse, if the applicant’s spouse” and inserts “spouse or de facto partner, if the applicant’s spouse or de facto partner” in paragraph 883.211(c).

[280]

Schedule 2, subparagraph 883.211(c)(ii)

Omits “adoptive child, or step-child” and inserts “a step-child” in subparagraph 883.211(c)(ii).

[281]

Schedule 2, Division 884.1, heading, note

Subclass 884 - Contributory Aged Parent (Temporary)

 

Omits “parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.” and inserts “parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), spouse is defined in section 5F of the Act (also see regulation 1.15A), and de facto partner is defined in section 5CB of the Act (also see regulation 1.09A)” in the note at the end of clause 884.111.

[282]

Schedule 2, paragraph 884.212(2)(b)

Inserts “or de facto partner” after each mention of “spouse” in paragraph 884.212(2)(b).

[283]

Schedule 2, Division 885.2, heading, note

Subclass 885 - Skilled -Independent

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 885.2.

[284]

Schedule 2, clause 885.226

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 885 visa, is a person who:” in clause 885.226.

[285]

Schedule 2, paragraph 885.228(a)

Substitutes “(a) is a member of the family unit of the applicant; and” in paragraph 885.228(a).

[286]

Schedule 2, Division 885.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 885.3.

[287]

Schedule 2, clause 885.311

Substitutes a new clause 885.311 to provide “The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 885.21 and made a combined application with that person.”

[288]

Schedule 2, clause 885.321

Substitute a new clause 885.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 885 visa.”

[289]

Schedule 2, Division 886.2, heading, note

Subclass 886 – Skilled –Sponsored

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 886.2.

[290]

Schedule 2, subparagraph 886.222(3)(a)(iv)

Omits everything before sub-subparagraph (c) and inserts “(iv) is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 886 visa), as:” in paragraph 886.222(3)(a).

[291]

Schedule 2, clause 886.227

Omits everything before paragraph (d) and inserts “Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 886 visa, is a person who:” in clause 886.227.

[292]

Schedule 2, paragraph 886.229(a)

Substitutes “(a) is a member of the family unit of the applicant; and” in paragraph 886.229(a).

[293]

Schedule 2, Division 886.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 886.3.

[294]

Schedule 2, clause 886.311

Substitutes clause 886.311 to provide “The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 886.21 and made a combined application with that person.”

[295]

Schedule 2, clause 886.321

Substitutes clause 886.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 886 visa.”

[296]

Schedule 2, Division 887.2, heading, note

Subclass 887 - Skilled - Regional

 

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 887.2.

[297]

Schedule 2, clause 887.225

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in clause 887.225.

[298]

Schedule 2, paragraph 887.227(a)

Substitutes “(a) is a member of the family unit of the applicant; and” in paragraph 887.227(a).

[299]

Schedule 2, Division 887.3, heading, note

Omits “unit, or the interdependent partner or dependent child of the interdependent partner,” and inserts “unit” in the note to Division 887.3.

[300]

Schedule 2, clause 887.311

Substitutes clause 887.311 to provide “The applicant continues to be a member of the family unit of a person who, satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.”

[301]

Schedule 2, clause 887.312

Omits clause 887.312 from Part 887 of Schedule 2 to the Principal Regulations.

[302]

Schedule 2, clause 887.321

Substitutes clause 887.321 to provide “The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 887 visa.”

[303]

Schedule 2, clause 890.212

Subclass 890 – Business Owner

 

Inserts “or de facto partner” after each mention of “spouse” in clause 890.212.

[304]

Schedule 2, clause 890.214

Inserts “or de facto partner” after each mention of “spouse” in clause 890.214.

[305]

Schedule 2, clause 890.215

Inserts “or de facto partner” after each mention of “spouse” in clause 890.215.

[306]

Schedule 2, clause 892.212

Subclass 892 - State/Territory Sponsored Business Owner

 

Inserts “or de facto partner” after each mention of “spouse” in clause 892.212.

[307]

Schedule 2, paragraph 892.215(b)

Omits “the spouse or former spouse” and inserts “the spouse or de facto partner of the applicant, or former spouse or former de facto partner” in paragraph 892.215(b).

[308]

Schedule 2, paragraph 892.215(c)

Omits “the spouse or former spouse” and inserts “the spouse or de facto partner of the applicant, or former spouse or former de facto partner” in paragraph 892.215(c).

[309]

Schedule 2, clause 988.512, table, item 3, column 2, subparagraph (b)(ii)

Subclass 988 – Maritime Crew

Omits “the spouse or a dependent child of the spouse” and inserts “spouse, de facto partner or dependent child of the spouse or de facto partner” in subparagraph (b)(ii).

[310]

Amendments to Schedule 4 to the Principal Regulations

Schedule 4, Part 1, paragraph 4011(3)(b)

Part 1 – Public Interest Criteria

Substitutes “(b) martial or relationship status;” in paragraph 4011(3)(b).

[311]

Amendments to Schedule 6 to the Principal Regulations

Schedule 6, Part 4, table, item 6401, column 2

Part 4 – Relationship Qualification

 

Omits “daughter, an adopted son or adopted daughter” and inserts “daughter” in column 2.

[312]

Schedule 6, Part 4, table, item 6402, column 2

Omits “a parent, an adoptive parent or step-parent” and inserts “or a parent” in column 2.

[313]

Amendments to Schedule 6A to the Principal Regulations

Schedule 6A, Part 5, heading

Part 5 – Spouse skill qualification

 

Substitutes new heading in Part 5 to provide “Spouse or de facto partner skill qualifications”.

[314]

Schedule 6A, Part 5, table, item 6A51, column 2

Inserts “or de facto partner” after each mention of “spouse” in column 2.

[315]

Schedule 6A, Part 9, table, item 6A91, column 2

Part 9 – Sponsorship qualification - general

 

Omits “spouse, if the spouse” and inserts “spouse or de facto partner, if the spouse or de facto partner” in column 2.

[316]

Schedule 6A, Part 9, table, item 6A91, column 2, paragraph (d)

Omits “child, adoptive child, or step-child,” and inserts “child or step-child” in paragraph (d)

[317]

Amendments to Schedule 7 to the Principal Regulations

Schedule 7, Part 4, heading

Part 4 – Net assets of applicant or of applicant and applicant’s spouse together

Substitutes a new heading to Part 4 to provide - “Net assets of applicant or of applicant and applicant’s spouse or de facto partner together”.

[318]

Amendments to Schedule 8 to the Principal Regulations

Schedule 8, clause 8515

Visa Conditions

- Clause 8515

Inserts “or enter into a de facto relationship” after “marry” in clause 8515.

[319]

Further Amendments

Amendments to Division 1.2 of the Principal Regulations

Subparagraph 1.05(3)(d)(ii)

Division 1.2 – Interpretation

- Balance of family test

 

Omits “spouse” and inserts “spouse or de facto”

[320]

Paragraph 1.11(1)(c)

Division 1.2 – Interpretation

- Main Business

 

Omits “spouse” and inserts “spouse or de facto”

Subregulation 1.11A(1)

Division 1.2 – Interpretation

- Ownership for the purposes of certain Parts of

Schedule 2

 

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.11A(2)(c)

Omits “spouse” and inserts “spouse or de facto”

Subregulation 1.11A(4)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(1)(a)

Division 1.2 – Interpretation
- Member of the family unit

 

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(1)(b)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(1)(c)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(1)(e)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(2)(a)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(2)(b)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(2A)(a)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12(2A)(b)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(6)(b)(ii)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(6)(b)(iv)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(6)(b)(vi)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(6)(b)(x)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(7)(b)(ii)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(7)(b)(iv)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(7)(b)(vi)

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.12(7)(b)(x)

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.12AA(1)(a)

Division 1.2 – Interpretation

- Member of the immediate family

Omits “spouse” and inserts “spouse or de facto”

Subparagraph 1.14(a)(ii)

Division 1.2 – Interpretation

- Orphan relative

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.15(1)(c)

Division 1.2 – Interpretation

- Remaining Relative

Omits “spouse” and inserts “spouse or de facto”

Paragraph 1.15(2)(a)

Omits “spouse” and inserts “spouse or de facto”

Amendments to Division 1.4B of the Principal Regulations

Paragraph 1.20J(1A)(a)

Division 1.4B – Limitation on certain sponsorships and nominations

– Limitation on approval of sponsorships – spouse, prospective spouse and interdependency

Omits “paragraph (1)(a) or (b)” and inserts “subregulation (1AA)”

 

Paragraph 1.20J (1A)(b)

Omits “paragraph (1)(a) or (b)” and inserts “subregulation (1AA)”

Sub-subparagraph 1.20L(2)(b)(ii)(A)

Division 1.4B – Limitation on certain sponsorships and nominations

- Limitation on approval of sponsorship — Subclass

679 (Sponsored Family Visitor) visas

Omits “spouse,” and inserts “spouse, or de facto partner”

Subparagraph 1.20LAA(2)(a)(ii)

Division 1.4B – Limitation on certain sponsorships and nominations

- Limitation on sponsorships — parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas

Omits “spouse” and inserts “spouse or de facto partner”

Subparagraph 1.20LAA(2)(a)(iv)

Omits “spouse” and inserts “spouse or de facto partner”

Amendments to Division 1.5 of the Principal Regulations

Subparagraph 1.23(2)(a)(i)

Division 1.5 – Special provisions relating to family violence

– When a person is taken to have suffered or committed family violence?

 

Omits “spouse” and inserts “spouse or de facto partner”

 

Subparagraph 1.23(2)(a)(iii)

Omits “of a spouse” and inserts “of a spouse or de facto partner”

Amendments to Division 2.2 of the Principal Regulations

Paragraph 2.07AO(3)(u)

Division 2.2 – Applications
- Applications for certain substantive visas by specified persons

Omits “(Spouse)” and inserts “(Partner)”

 

Paragraph 2.07AO(3)(y)

Omits “(Spouse)” and inserts “(Partner)”

Regulation 2.07AP, example

Division 2.2 – Applications
- Applications
for Maritime Crew (Temporary) (Class ZM) visas

Omits “spouse” and inserts “spouse, or de facto partner”

Amendments to Division 2.5 of the Principal Regulations

Subparagraph 2.20(4)(a)(ii)

Division 2.5 – Bridging Visas

- Eligible non-citizen (Act, s72)

Omits “of a spouse” and inserts “of a spouse or de facto partner”

 

Paragraph 2.20(10)(c)

Omits “of a spouse” and inserts “of a spouse or de facto partner”

Amendments to Division 2.6 of the Principal Regulations

Paragraph 2.27(b)

Division 2.6 - Prescribed qualifications — application of

points system

- Combination of scores — points system: applicants for Skilled – Australian-linked (Migrant) (Class AJ) visas

Omits “of a spouse” and inserts “of a spouse or de facto partner”

 

Paragraph 2.27(c)

Omits “of a spouse” and inserts “of a spouse or de facto partner”

Paragraph 2.27A(1)(b)

Division 2.6 – Prescribed qualifications – application of points system

- Combination of scores — points system: applicants for skilled permanent

Omits “of a spouse” and inserts “of a spouse or de facto partner”

Paragraph 2.27A(2)(a)

Omits “of a spouse” and inserts “of a spouse or de facto partner”

Amendments to Division 2.8 of the Principal Regulations

Subregulation 2.40(3)

Division 2.8 – Special Purpose Visas

- Persons having a prescribed status — special purpose visas (Act, s 33 (2) (a))

Omits “of a spouse” and inserts “of a spouse or de facto partner”

 

Amendments to Division 2.9 of the Principal Regulations

Paragraph 2.43(1)(j)

Division 2.9 Cancellation or refusal to grant visas

- Grounds for cancellation of a visa (Act, s116)

Omits “spouse,” and inserts “spouse, de facto partner,”

 

Amendments to Division 3.1 of the Principal Regulations

Subparagraph 3.01(2)(e)

Division 3.1 Information to be given by arriving persons

- Provision of Information (general requirement)

Omits “spouse,” and inserts “spouse, de facto partner,”

 

Subregulation 3.03AA(2), table, item 102, column 2

Division 3.1 Information to be given by arriving persons

- Evidence of identity and providing information —

non-military ships (Act s 166)

Omits “spouse” and inserts “spouse or de facto partner”

Subregulation 3.03AA(2), table, item 104, column 2, paragraph (b)

Omits “spouse,” and inserts “spouse or de facto partner”

Subregulation 3.03AA(2), table, item 104, column 2, paragraph (c)

Omits “spouse,” and inserts “spouse or de facto partner”

Subregulation 3.03AA(2), table, item 202, column 2

Omits “spouse,” and inserts “spouse or de facto partner”

Subregulation 3.03AA(2), table, item 204, column 2, paragraph (b)

Omits “spouse,” and inserts “spouse or de facto partner”

Subregulation 3.03AA(2), table, item 204, column 2, paragraph (c)

Omits “spouse,” and inserts “spouse or de facto partner”

Paragraph 3.03AA(3)(b)

Omits “spouse,” and inserts “spouse or de facto partner”

Amendments to Division 4.1 of the Principal Regulations

Subregulation 4.12(6)

Division 4.1 - Review of decisions other than decisions relating to refugee status

- Combined applications for Tribunal review

Omits “spouse,” and inserts “spouse, de facto partner,”

 

Paragraph 4.23(1)(a)

Division 4.1 - Review of decisions other than decisions relating to refugee status

- Expedited review (close family visit visas)

 

Omits “spouse,” and inserts “spouse, de facto partner,”

Amendments to Division 5.8 of the Principal Regulations

Paragraph 5.43(a)

Division 5.8 - Multiple parties in migration litigation

- Meaning of family (Act s 486B)

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 1 to the Principal Regulations

Schedule 1, subitem 1124B(4)

Item 1124B. Partner (Residence) (Class BS)

Omits “(Spouse)” and inserts “(Partner)”

 

Schedule 1, subparagraph 1128C(3)(c)(ii)

Item 1128C Skilled – Independent (Migrant) (Class BN)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 1, subitem 1129(4)

Item 1129 Partner (Migrant) (Class BC)

Omits “(Spouse)” and inserts “(Partner)”

 

Schedule 1, paragraph 1136(7)(b)

Item 1136. Skilled (Residence) (Class VB)

Omits “spouse or interdependent partner” and inserts “spouse or de facto partner”

Schedule 1, paragraph 1212B(3)(c)

Item 1212B. Investor Retirement (Class UY)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 1, subitem 1214C(4)

Item 1214C. Partner (Temporary) (Class UK)=

Omits “(Spouse)” and inserts “(Partner)”

Schedule 1, subparagraph 1217(3)(d)(iii)

Item 1217. Partner (Temporary) (Class UK)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 1, subparagraph 1217A(2)(a)(iv)

Item 1217A. Sponsored (Visitor) (Class UL)

 

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 1, paragraph 1217A(3)(c)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 1, subitem 1220A(4)

Item 1220A. Partner (Provisional) (Class UF)

Omits “(Spouse (Provisional))” and inserts “(Partner (Provisional))”

Schedule 1, sub-subparagraph 1223A (2)(a)(vi)(A)

Item 1223A. Temporary Business Entry (Class UC)

 

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 1, subparagraph 1223A(3)(ae)(ii)

Omits “spouse or interdependent partner” and inserts “spouse or de facto partner”

Schedule 1, subparagraph 1223A(3)(b)(ii)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 1 paragraph 1227(3)(e)

Item 1227. Maritime Crew (Temporary) (Class ZM)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 1, paragraph 1229(8)(b)

Item 1229. Skilled (Provisional) (Class VC)

Omits “spouse or interdependent partner” and inserts “spouse or de facto partner”

Amendments to Schedule 2 to the Principal Regulations

Schedule 2, paragraph 100.221(3)(b)

Subclass 100 - Spouse

Omits “sponsoring spouse” and inserts “sponsoring partner”

 

Schedule 2, paragraph 100.221(4)(b)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, subparagraph 100.221(4)(c)(ii)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, subclause 100.221(6)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, clause 100.226

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, subparagraph 101.212(c)(ii)

Subclass 101 - Child

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 101.213(1)(a)(ii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 101.213(1)(a)(iii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 102.111, definition of prospective adoptive parent, paragraph (b)

Subclass 102 - Adoption

Omits “spouses” and inserts “spouses or de facto partners”

Schedule 2, subparagraph 102.211(3)(c)(ii)

Omits “spouses” and inserts “spouses or de facto partners”

Schedule 2, subparagraph 102.211(3)(d)(ii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 102.211(4)(c)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 102.211(4)(e)(ii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 102.211(5)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 105.222, note

Subclass 105 – Skilled – Australian-linked

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, sub-subparagraph 106.213(d)(ii)(B)

Subclass 106 – Regional-linked

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 106.214(3)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 132.216

Subclass 132 – Business Talent

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 138.225, note

Subclass 138 – Skilled – Australian-sponsored

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 138.228(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 139.218

Subclass 139 – Skilled – Designated Area - sponsored

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 139.228(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 139.228(c)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 160.218

Subclass 160 – Business Owner (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 161.216

Subclass 161 – Senior Executive (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 162.216

Subclass 162 – Investor (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 162.218

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 163.216

Subclass 163 – State/Territory Sponsored Business Owner (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 164.215

Subclass 164 – State/Territory Sponsored Senior Executive (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 165.215

Subclass 165 – State/Territory Sponsored Investor (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 165.216

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 204.212(1)

Subclass 204 – Woman at Risk

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 204.212(2)

Omits “spouse is prohibited” and inserts “spouse or de facto partner is prohibited”

Schedule 2, paragraph 204.212(2)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 309.211(2)

Subclass 309 - Spouse (Provisional)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 405.227(4)(a)(ii)

Subclass 405 – Investor Retirement

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 405.227(4)(a)(iii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 405.227(5)

Omits “her spouse” and inserts “her spouse or de facto partner”

Schedule 2, paragraph 405.228(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 405.228(4)(c)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 405.228(5)

Omits “her spouse” and inserts “her spouse or de facto partner”

Schedule 2, subclause 405.228(7)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 405.311

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 405.321

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 410.221(4)

Subclass 410 - Retirement

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 410.311

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 410.321(1)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 410.321(2)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 450.212(c)

Subclass 450 – Resolution of Status – Family Member (Temporary)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 450.213(a)(ii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 456.311

Subclass 456 – Business (Short Stay)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 456.321

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 456.323(b)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 456.514

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, sub-subparagraph 457.223(7A)(a)(i)(B)

Subclass 457 – Business (Long Stay)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 459.311

Subclass 459 – Sponsored Business Visitor (Short Stay)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 459.321

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 459.613

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 459.613A

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 570.211(2)(b)

Subclass 570 – Independent ELICOS Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, subparagraph 570.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 570.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 570.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 571.211(2)(b)

Subclass 571 – Schools Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 571.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 571.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 571.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 572.211 (2)(b)

Subclass 572 – Vocational Education and Training Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 572.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 572.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 572.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 573.211(2)(b)

Subclass 573 – Higher Education Sector

Omits “spouse,” and inserts “spouse, de facto partner”

 

Schedule 2, subparagraph 573.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

 

Schedule 2, clause 573.228

Omits “spouse,” and inserts “spouse, de facto partner”

 

Schedule 2, paragraph 573.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

 

Schedule 2, paragraph 574.211(2)(b)

Subclass 574 – Postgraduate Research Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 574.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 574.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 574.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 575.211(2)(b)

Subclass 575 – Non-Award Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, subparagraph 575.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 575.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 575.312(2)(b)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 576.211(2)(b)

Subclass 576 – AusAID or Defence Sector

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, subparagraph 576.211(3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 576.226

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 576.312(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 580.111, definition of acceptable individual, paragraph (b)

Subclass 580 – Student Guardian

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 580.111, definition of acceptable individual, paragraph (d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 580.211(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, subparagraph 580.211 (3)(b)(iv)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, clause 580.228

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 580.311(2)(b)

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 676.212(a)

Subclass 676 – Tourist

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 679.211(a)

Subclass 679 – Sponsored Family Visitor

Omits “spouse,” and inserts “spouse, de facto partner”

Schedule 2, paragraph 773.213(1)(a)

Subclass 773 - Border

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 801.221(2)(b)

Subclass 801 - Spouse

Omits “(Spouse)” and inserts “(Partner)”

Schedule 2, subparagraph 801.221(2)(b)(i)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 801.221(8)(a)

Omits “(Spouse)” and inserts “(Partner)”

Schedule 2, paragraph 801.221(5)(b)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 802.213 (4)(b)

Subclass 802 – Child

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 802.213(5)(d)

Omits “spouse” and inserts “spouse or de facto partner

Schedule 2, subparagraph 802.214(1)(a)(ii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 802.214(1)(a)(iii)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, sub-subparagraph 802.215(b)(iii)(B)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 820.211(2)(a)(ii)

Subclass 820 - Spouse

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(2B)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 820.211(3)(e)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(4)(e)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(5)(e)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(6)(b)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(6)(d)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(7)(b)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(7)(c)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.211(2)(a)

Omits “sponsoring spouse” and inserts “sponsoring partner”

Schedule 2, paragraph 820.511(a)

Omits “(Spouse)” and inserts “(Partner)”

Schedule 2, clause 845.218

Subclass 845 – Established Business in Australia

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 845.321(3)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 845.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 845.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 845.321(4)(d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 846.217

Subclass 846 – State/Territory Sponsored Regional Established Business in Australia

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 846.321(3)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 846.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 846.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 846.321(4)(d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, Division 850.2, heading, note

Subclass 850 – Resolution of Status (Temporary)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 850.222

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 850.222

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, Division 850.3, heading, note

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 850.312(c)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 850.321(3)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 850.321(4)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 850.321(5)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 850.321(5)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subparagraph 850.321(5)(d)(ii)

Omits “of the spouse” and inserts “of the spouse or de facto partner”

Schedule 2, paragraph 855.321(3)(a)

Subclass 855 – Labour Agreement

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 855.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 855.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 855.321(4)(d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 856.321(3)(a)

Subclass 856 - Employer Nomination Scheme

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 856.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 856.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 857.321(3)(a)

Subclass 857 – Regional Sponsored Migration Scheme

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 857.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 857.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 857.321(4)(d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 858.321(3)(a)

Subclass 858 – Distinguished Talent

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 858.321(4)(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 858.321(4)(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 858.321(4)(d)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 859.321

Subclass 859 – Designated Parent

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 862.225, note

Subclass 862 – Skilled – Onshore Australian-sponsored New Zealand Citizen

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 862.228(b)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 863.228(b)

Subclass 863 – Skilled – Onshore Designated Area-sponsored New Zealand Citizen

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, paragraph 863.228(c)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 881.224, note

Subclass 881 – Skilled – Australian-sponsored Overseas Student

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 881.232(1)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, subclause 882.233(1)

Subclass 882 – Skilled – Designated Area-sponsored Overseas Student

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 890.216

Subclass 890 – Business Owner

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 891.211

Subclass 891 - Investor

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 891.222

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 892.214

Subclass 892 – State/Territory Sponsored Business Owner

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 893.211

Subclass 893 – State/Territory Sponsored Investor

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 893.223

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, Division 988.2, heading, note

Subclass 988 – Maritime Crew

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, Division 988.3, heading, note

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, paragraph 988.321(a)

Omits “spouse” and inserts “spouse or de facto partner”

Schedule 2, clause 988.512, table, item 1, column 2, subparagraph (a)(ii)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 988.512, table, item 1, colum 2, paragraph (b)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 988.512, table, item 2, column 2, subparagraph (b)(ii)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 988.512, table, item 2, column 2, paragraph (c)

Omits “spouse” and inserts “spouse, de facto partner”

Schedule 2, clause 988.512, table, item 3, column 2, paragraph (c)

Omits “spouse” and inserts “spouse, de facto partner”

Amendments to Schedule 5A to the Principal Regulations

Schedule 5A, subclause 5A104(1), table, item 1, column 3, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

- Meaning of living costs and school costs

 

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A104(1), table, item 2, column 3, paragraph (b)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A104(1), table, item 3, column 3, paragraph (b)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A104(1), table, item 4, column 3, paragraph (b)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A205 (2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 2 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A305(2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 3 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A405(2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 4 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A505(2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 5 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A605(2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 6 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5A, subclause 5A705(2), definition of acceptable individual, paragraph (b)

Schedule 5A – Evidentiary requirements for student visas

Part 7 - Division 2 – Requirements for assessment level 4

- Financial Capacity

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 5B to the Principal Regulations

Schedule 5B, paragraph 5B102(1)(b)

Schedule 5B – Evidentiary requirements for student visas – secondary applicants

Part 1

- Meaning of living costs and school costs

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5B, subclause 5B201(3), definition of acceptable individual, paragraph (b)

Schedule 5B – Evidentiary requirements for student visas – secondary applicants

Part 2 – Evidentiary requirement for assessment level 4.

- Requirements for assessment level 4 (Subclass 570, 571, 572, 573, or 575 visa)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 5B, subclause 5B202(3), definition of acceptable individual, paragraph (b)

Schedule 5B – Evidentiary requirements for student visas – secondary applicants

Part 2 – Evidentiary requirement for assessment level 4.

- Requirements for assessment level 4 (Subclass 574 visa)

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 6 to the Principal Regulations

Schedule 6, Part 6, table, item 6601, column 2, sub-subparagraph(c)(ii)(B)

Schedule 6 – General points test – qualifications and points

Part 6 – Settlement of sponsor qualification

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 6A to the Principal Regulations

Schedule 6A, Part 9, table, item 6A91, column 2, paragraph (d)

Schedule 6A – General points test – qualifications and points

Part 9 – Sponsorship qualification - general

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 7 to the Principal Regulations

Schedule 7, Part 1, table, item 7170, column 2, paragraph (a)

Schedule 7 – Business skills points test – attributes and points

Part 1 – Business attributes Division 1.4 – Established business in Australia (Subclass 845 visas)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 7, Part 1, table, item 7170, column 2, paragraph (b)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 7, Part 1, table, item 7180, column 2

Schedule 7 – Business skills points test – attributes and points

Part 1 – Business attributes Division 1.5 – State/Territory sponsored established main business(es) in designated area(s) (Subclass 846 visas)

Omits “spouse” and inserts “spouse or de facto partner”

 

Schedule 7, Part 1, table, item 7181, column 2

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 8 to the Principal Regulations

Schedule 8, paragraph 8523(a)

Schedule 8 – Visa conditions

Omits “spouse” and inserts “spouse or de facto partner”

 

Amendments to Schedule 9 to the Principal Regulations

Schedule 9, Part 1, table, item 12, column 3, paragraph (b)

Schedule 9 – Special entry and clearance arrangements – Part 1 – Persons to whom special arrangements apply under section 166 of the Act.

Omits “spouse” and inserts “spouse, de facto partner”

 

Schedule 9, Part 1, table, item 13, column 3, paragraph (b)

Omits “spouse” and inserts “spouse, de facto partner”

 

 


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