Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 77

77.1 Subitem 1110 (4): Omit the subitem, substitute:
  "(4)    Subclasses:    105 (Concessional Family)

106 (Regional Family)".

77.2 Subitems 1114 (1) and (2): Omit the subitems, substitute:
  "(1)    Form:    47 (unless the applicant is taken, under regulation

2.08C, to have applied for an Employer Nomination
(Migrant) (Class AN) visa, in which case no form is
required).
  (2)    Fee:      $600 (unless the applicant is taken, under

regulation 2.08C, to have applied for an Employer
Nomination (Migrant) (Class AN) visa, in which case
no fee is payable).".

77.3 Paragraph 1115 (3) (c): Omit the paragraph, substitute:

"(c) If the applicant is the holder of a Subclass 300 (Prospective Marriage)
visa and seeks to remain in Australia permanently as the spouse of an
Australian citizen, Australian permanent resident or eligible New Zealand
citizen, the application may be made only if the application that resulted in
the grant of that Subclass 300 visa was made:

        (i)    before 1 November 1996; or

        (ii)   in response to an invitation under subregulation 2.11 (1) in
               relation to an application for a Spouse (Migrant) (Class BC)
               visa that was made before 1 November 1996 and has been refused.

   (d)  Application by a person claiming to be a member of the family unit of
        a person who is an applicant for a Family (Residence) visa may be made
        at the same time and place as, and combined with, the application by
        that person.".

77.4 Paragraph 1119 (2) (e): Omit the paragraph, substitute:

"(e) If the applicant is the holder of a Prospective Marriage (Temporary)
(Class TO) visa, is married to the person who was specified as the applicant's
intended spouse in the application for that visa and seeks to remain in
Australia permanently on the basis of that marriage: $600.

   (f)  If the applicant is not the holder of a substantive visa, entered
        Australia as the holder of a Prospective Marriage (Temporary) (Class
        TO) visa, ceased to hold that visa after marrying the Australian
        citizen whom the applicant entered Australia to marry and seeks to
        remain in Australia permanently on the basis of that marriage: $600.

   (g)  In any other case: $1,500.".

77.5 Item 1120A: Omit the item, substitute:

"1120A. Interdependency (Migrant) (Class BI)
  "(1)    Form:    (a) If the applicant is the holder of a Subclass 445

(Dependent Child) visa: 1002.

   (b)  In any other case: 1035.
  "(2)    Fee:     (a) If the applicant is the holder of a Subclass 445

(Dependent Child) visa: Nil.

   (b)  In any other case: $600.
  "(3)   Other:    (a) Application (otherwise than by the holder of a

Subclass 445 (Dependent Child) visa) must be
made outside Australia.

   (b)  Application by the holder of a Subclass 445
(Dependent Child) visa may be made in or outside
Australia, but not in immigration clearance.

   (c)  Applicant (other than an applicant who is the
holder of a Subclass 445 (Dependent Child) visa)
must be outside Australia.

   (d)  Applicant who is the holder of a Subclass 445
(Dependent Child) visa may be in or outside
Australia, but not in immigration clearance.

   (e)  Application by a person claiming to be a member
of the family unit of a person who is an
applicant for an Interdependency (Migrant) visa
may be made at the same time and place as, and
combined with, the application by that person.
  "(4)    Subclasses:  110 (Interdependency)".


77.6 Subitem 1128 (1): Omit the subitem, substitute:
  "(1)    Form:        1085 (unless the application is in accordance

with paragraph (3) (ba), in which case no form
is required).".

77.7 After paragraph 1128 (3) (b), insert:

"(ba) An application made in Australia may be:

        (i)    an oral application; or

        (ii)   an application in writing, otherwise than in accordance with
               form 1085; if accompanied by presentation of a valid
               passport.".

77.8 Subitem 1128 (4): Omit the subitem, substitute:
  "(4)    Subclasses:  155 (Five Year Resident Return)

157 (Three Month Resident Return)".

77.9 Item 1129: Omit the item, substitute:
  "1129.    Spouse (Migrant) (Class BC)

  "(1)    Form:        (a) If the applicant is the holder of a Subclass

445 (Dependent Child) visa: 1002.

   (b)  In any other case: 47.
  "(2)    Fee:         (a) If the applicant is the holder of a Subclass

445 (Dependent Child) visa: Nil.

   (b)  In any other case: $600.
  "(3)    Other:       (a) Application (otherwise than by the holder of

a Subclass 445 (Dependent Child) visa) must
be made outside Australia.

   (b)  Application by the holder of a Subclass 445
(Dependent Child) visa may be made in or
outside Australia, but not in immigration
clearance.

   (c)  Applicant (other than an applicant who is
the holder of a Subclass 445 (Dependent
Child) visa) must be outside Australia.

   (d)  Applicant who is the holder of a Subclass
445 (Dependent Child) visa may be in or
outside Australia, but not in immigration
clearance.

   (e)  Application by a person claiming to be a
member of the family unit of a person who is
an applicant for a Spouse (Migrant) visa may
be made at the same time and place as, and
combined with, the application by that
person.
  "(4)    Subclasses:  100 (Spouse)".


77.10 Paragraph 1208A (2) (a): Omit "$35.", substitute "$45.".

77.11 Paragraph 1211 (1) (a):
Omit "subclass", substitute "Subclass 309 (Spouse (Provisional)), 310
(Interdependency (Provisional)),".

77.12 Subitem 1211 (2): Omit the subitem, substitute:
  "(2)    Fee:       (a) If the application is made on form 918 and

lodged outside Australia: $110.

   (b)  Applicant:

        (i)    who applies as a dependent child of a
holder of a Subclass 309, 310, 820 or 826
visa; and

        (ii)   whose brother or sister:

                (A)  applies as a dependent child of a
holder of a Subclass 309, 310, 820 or
826 visa for an Extended Eligibility
(Temporary) visa at the same time and
place as the applicant; and

                (B)  has paid the fee specified in
paragraph (a) on his or her
application:
Nil.

   (c)  In any other case: Nil.".

77.13 Paragraph 1211 (3) (a): Omit the paragraph, substitute

"(a) Application (other than by the dependent child outside Australia of the
holder of a visa of Subclass 309 (Spouse (Provisional)), 310 (Interdependency
(Provisional)), 820 or 826) must be made at the same time and place as an
application for a General (Residence) (Class AS) visa.".

77.14 Paragraph 1211 (3) (d): Omit "subclass", substitute "Subclass 309,
310,".

77.15 Paragraph 1211 (3) (e): Omit the paragraph, substitute:

"(e) If the applicant is the holder of a Subclass 300 (Prospective Marriage)
visa and seeks to remain in Australia permanently as the spouse of an
Australian citizen, the application may be made only if the application that
resulted in the grant of that Subclass 300 visa was made on or after 1
November 1996.

   (f)  Application by a person claiming to be a dependent child of a person
        who is an applicant for an Extended Eligibility (Temporary) visa may
        be made at the same time and place as, and combined with, the
        application by that person.

   (g)  Application by a person claiming to be a member of the family unit of
        the holder or former holder of a prospective marriage (temporary) visa
        (as defined in Schedule 2, Part 820) who is an applicant for an
        Extended Eligibility (Temporary) visa may be made at the same time and
        place as, and combined with, the application by that person.".

77.16 After item 1212, insert:
  "1213A.    Interdependency (Provisional) (Class UG)

  "(1)    Form:        1035.

  "(2)    Fee:         Nil.

  "(3)    Other:       (a) Application must be made outside Australia.


   (b)  Applicant must be outside Australia.

   (c)  Application must be made at the same time
and place as an application for an
Interdependency (Migrant) (Class BI) visa.

   (d)  Application by a person claiming to be a
member of the family unit of a person who is
an applicant for an Interdependency
(Provisional) visa may be made at the same
time and place as, and combined with, the
application by that person.
  "(4)    Subclasses:  310 (Interdependency (Provisional))".


77.17 Subitem 1216 (1): Omit "759", substitute "1085".

77.18 Subitem 1216 (4): Omit the subitem, substitute:
  "(4)    Subclasses:    159 (Provisional Resident Return)".


77.19 After item 1219, insert:
  "1220A.    Spouse (Provisional) (Class UF)

  "(1)     Form:        47.

  "(2)     Fee:         Nil.

  "(3)     Other:       (a) Application must be made outside Australia.


   (b)  Applicant must be outside Australia.

   (c)  Application must be made at the same time
and place as an application for a Spouse
(Migrant) (Class BC) visa.

   (d)  Application by a person claiming to be a
member of the family unit of a person who
is an applicant for a Spouse (Provisional)
visa may be made at the same time and place
as, and combined with, the application by
that person.
  "(4)    Subclasses:   309 (Spouse (Provisional))".


77.20 Sub-subparagraph 1223A (2) (a) (i) (A): Omit "$35.", substitute "$45.".