Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 123

123.1 Clause 801.11: Omit the clause, substitute:

"801.111 In this Part:
'nominating spouse', in relation to an applicant who is the holder of a
Subclass 820 visa, means the person who nominated the applicant for the grant
of that visa;
'prospective marriage (temporary) visa' means:

   (a)  a Prospective Marriage (Temporary) (Class TO) visa; or

   (b)  a Class 300 (prospective marriage) visa or entry permit within the
        meaning of the Migration (1993) Regulations; or

   (c)  a prospective marriage visa (code number 300), or equivalent entry
        permit, within the meaning of the Migration (1989) Regulations; or

   (d)  a transitional (temporary) visa, within the meaning of the Migration
        Reform (Transitional Provisions) Regulations, being:

        (i)    such a visa granted on the basis of an application for a visa
               or entry permit of a kind specified in paragraph (b) or (c); or

        (ii)   a visa or entry permit of such a kind having effect under those
               Regulations as a transitional (temporary) visa.". (NOTE: The
               note following clause 801.111 should be omitted and the
               following Note substituted:

"(NOTE: 'long-term spouse relationship' is defined in regulation 1.03.)".

123.2 Paragraph 801.221 (2) (d): Omit "subclause (7),", substitute "subclauses
(6A) and (7),".

123.3 Subparagraph 801.221 (6) (c) (ii): Omit the subparagraph, substitute:

"(ii) the applicant:

                (A)  has custody or joint custody of, or access to; or

                (B)  has a residence order or contact order made under the
                     Family  Law Act 1975 relating to; at least 1 child in
                     respect of whom the nominating spouse:

                (C)  has been granted joint custody or access by a court; or

                (D)  has a residence order or contact order made under the
                     Family  Law Act 1975 ; or

                (E)  has an obligation under a child maintenance order made
                     under the Family Law Act 1975, or any other formal
                     maintenance obligation.".

123.4 After subclause 801.221 (6), insert:

"(6A) Paragraph (2) (d) does not apply to an applicant who at the time of
making the application was in a long-term spouse relationship with the
nominating spouse.".

123.5 Paragraph 801.221 (7) (b): Omit "granting a subclass 801 visa to an
applicant who was granted a subclass 820 (Spouse) visa", substitute "in the
case of an application made before 1 November 1996, granting a Subclass 801
visa to an applicant who was granted a Subclass 820 (Spouse) visa". (NOTE: The
note relating to Division 801.3 should be replaced by the following note:

"(NOTE: A dependent child, or member of the family unit, of an applicant who
satisfies the primary criteria is also eligible for the grant of the visa if
the child or member of the family unit satisfies the secondary criteria and
his or her application is made before the Minister has decided to grant or
refuse to grant the visa to the applicant meeting the primary criteria)".)

123.6 Clause 801.311: Omit the clause, substitute:

"801.311 The applicant is:

   (a)  a dependent child of a person who has applied for a General
        (Residence) (Class AS) visa; or

   (b)  a member of the family unit of a person who:

        (i)    is the holder of, or has been the holder of, a prospective
               marriage (temporary) visa; and

        (ii)   has applied for a General (Residence) (Class AS) visa; and the
               Minister has not decided to grant or refuse to grant a visa to
               the person.".

123.7 Subparagraph 801.321 (a) (i): After "the dependent child", insert ", or
a member of the family unit, as the case requires,".

123.8 Subparagraph 801.321 (a) (ii): After "a dependent child", insert "or of
whose family unit the applicant is a member".

123.9 Clause 801.511: Omit "4 years", substitute "5 years".