Commonwealth Numbered Regulations

1991 No. 60 MIGRATION REGULATIONS (AMENDMENT) - REG 30

  30.1   Omit the regulation, substitute:
Spouse (after entry) entry permit
  "135. (1)   Subject to subregulation (2), the additional criteria in
relation to a spouse (after entry) entry permit are that:

   (a)  at the time when the application for the entry permit is decided:

        (i)    the applicant is the spouse of:

                (A)  an Australian citizen; or

                (B)  an Australian permanent resident;
who:

                (C)  nominated the applicant for the grant of the entry
                     permit; and

                (D)  has a genuine and continuing marital relationship with
                     the applicant; and

        (ii)   the applicant is the holder of a valid extended eligibility
               (spouse) entry permit, a criterion for the grant of which was
               that the applicant was the spouse of that Australian citizen or
               Australian permanent resident; and

        (iii)  the decision is not made earlier than 2 years after the day on
               which the application is made; or

   (b)  the applicant is a person who:

        (i)    would satisfy the criteria specified in subparagraphs (a) (i)
               and (ii) except that his or her spouse has died before the
               Minister makes a decision on the application; and

        (ii)   satisfies the Minister that the marital relationship was
               genuine and, had the spouse not died, would have continued; and

        (iii)  has developed close business, cultural or personal ties in
               Australia.

"(2) If the applicant, when applying for an extended eligibility (spouse)
entry permit (or other entry permit):

   (a)  was:

        (i)    an illegal entrant; and

        (ii)   a prescribed applicant referred to in paragraph 42 (1c) (a),
               (b), (ba) or (c); or

   (b)  did not apply for the entry permit on the form referred to in
        subregulation 22B (1); and, before the commencement of this
        subregulation:

   (c)  the application for that entry permit has not been decided; or

   (d)  the application for that entry permit has been decided but the
        applicant has not applied for a spouse (after entry) entry permit; the
        additional criteria in relation to a spouse (after entry) entry permit
        are that, at the time when the application for the permit is decided:

   (e)  the applicant:

        (i)    is the spouse of:

                (A)  an Australian citizen; or

                (B)  an Australian permanent resident; and

        (ii)   has a genuine and continuing marital relationship with that
               citizen or resident spouse; and

        (iii)  is nominated for the grant of the entry permit by that citizen,
               or resident, spouse; and

        (iv)   is a person to whom any of the paragraphs of subsection 47 (1)
               of the Act applies; or

   (f)  the applicant is a person who:

        (i)    would satisfy the criteria specified in paragraph (e) except
               that his or her spouse has died; and

        (ii)   satisfies the Minister that the marital relationship was
               genuine and, had the spouse not died, would have continued; and

        (iii)  has developed close business, cultural or personal ties in
               Australia.".