Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 132

132.1 Subclause 831.211 (1): After "subclause (2), insert "(2A),".

132.2 After subclause 831.211 (2), insert:

"(2A) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Subclass 300 (Prospective Marriage)
        visa; and

   (b)  the applicant has married the nominating spouse under a marriage that
        is recognised as valid for the purposes of the Act; and

   (c)  the nominating spouse has died; and

   (d)  the applicant satisfies the Minister that the applicant would have
        continued to be the spouse of the nominating spouse if the nominating
        spouse had not died; and

   (e)  the applicant has developed close business, cultural or personal ties
        in Australia."

132.3 Subparagraph 831.221 (4) (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.".

132.4 Clause 831.511: Omit "4 years", substitute "5 years".