Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.08E

Certain applicants taken to have applied for Partner (Migrant) (Class BC) visas and Partner (Provisional) (Class UF) visas

             (1)  For subsection 46(2) of the Act, the Partner (Migrant) (Class BC) visa and the Partner (Provisional) (Class UF) visa are prescribed classes of visa.

             (2)  If:

                     (a)  a person (the applicant ) applies for a Prospective Marriage (Temporary) (Class TO) visa; and

                     (b)  after the application is made, but before it is decided, the applicant marries the person who was specified as the applicant's prospective spouse in the application for that visa; and

                     (c)  the marriage is recognised as valid for the purposes of the Act;

then:

                     (d)  the applicant is taken also to have applied for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa on the day Immigration receives notice of the marriage; and

                     (e)  the applications are taken to be validly made.

          (2A)  Subregulation (2B) applies if:

                     (a)  a person (the applicant ) applies for a Prospective Marriage (Temporary) (Class TO) visa (the visa application ); and

                     (b)  the Minister refuses to grant the visa; and

                     (c)  the applicant or the sponsor of the applicant makes an application for review of the Minister's decision to the Tribunal (the review application ); and

                     (d)  the review application is made in accordance with the Act; and

                     (e)  in the period after the Minister's decision is made and before the review application is finally determined, the applicant marries the person who was specified, in the application for the visa, as the applicant's prospective spouse; and

                      (f)  the applicant notifies the Tribunal of the marriage; and

                     (g)  the marriage is recognised as valid for the purposes of the Act.

          (2B)  For paragraph 349(2)(c) of the Act, the Tribunal must remit the visa application to the Minister for reconsideration, with the direction that the application be taken also to be an application:

                     (a)  for:

                              (i)  a Partner (Migrant) (Class BC) visa; and

                             (ii)  for a Partner (Provisional) (Class UF) visa; and

                     (b)  that is made on the day that the visa application is remitted to the Minister.

             (3)  The amount paid by the applicant as the first instalment of the visa application charge for the Prospective Marriage (Temporary) (Class TO) visa application is taken to be payment of the first instalment of the visa application charge for the Partner (Migrant) (Class BC) visa application.



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