Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION REGULATIONS 1994 - REG 2.08A

Addition of certain applicants to certain applications for permanent visas

             (1)  If:

                     (a)  a person (in this regulation called the original applicant ) applies for a permanent visa of a class for which Schedule 1 , including Schedule 1 as it applies in relation to a particular class of visa, permits combined applications; and

                     (b)  after the application is made, but before it is decided, the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have:

                              (i)  the spouse or de facto partner; or

                             (ii)  a dependent child;

                            of the original applicant (the additional applicant ) added to the original applicant's application; and

                     (c)  the request includes a statement that the original applicant claims that the additional applicant is:

                              (i)  the spouse or de facto partner; or

                             (ii)  a dependent child;

                            as the case requires, of the original applicant; and

                     (d)  the additional applicant charge (if any) has been paid in relation to the additional applicant; and

                   (da)  at the time when:

                              (i)  the Minister has received the request; and

                             (ii)  the additional applicant charge (if any) has been paid;

                            the additional applicant satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;

then:

                     (e)  the additional applicant is taken to have applied for a visa of the same class; and

                      (f)  the application of the additional applicant:

                              (i)  is taken to have been made on the later of:

                                        (A)  the Minister receiving the request; and

                                        (B)  the additional applicant charge (if any) being paid; and

                             (ii)  is taken to be combined with the application of the original applicant; and

                            (iii)  is taken to have been made at the same place as, and on the same form as, the application of the original applicant.

             (2)  Despite any provision in Schedule 2, the additional applicant:

                     (a)  must be, at the time when the application is taken to be made under subparagraph (1)(f)(i), a person who satisfies the applicable secondary criteria to be satisfied at the time of application; and

                     (b)  must satisfy the applicable secondary criteria to be satisfied at the time of decision.

          (2A)  Subregulations (1) and (2) do not apply to an applicant for a Skilled (Residence) (Class VB) visa.

Note 1:       Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.

Note 2:       Past amendments of these Regulations may have amended or repealed provisions of Schedule 1 but included transitional provisions by which a former version of Schedule 1 continues to apply in specified cases.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback