Migration (IMMI 17/101: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2017
I, PETER DUTTON, Minister for Immigration and Border Protection, make the following instrument:
Dated 16 November 2017
Peter Dutton
THE HON PETER DUTTON MP
Minister for Immigration and Border Protection
Contents
Part 1 – Preliminary..................................................1
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2 - Arrangements for Partner Visa Applications......................2
5 Partner (Residence) (Class BS) visa .............................2
6 Partner (Migrant)(Class BC) visa...............................2
7 Partner (Temporary) (Class UK) visa.............................2
8 Prospective Marriage (Temporary) (Class TO) visa....................2
9 Partner (Provisional) (Class UF) visa ............................3
Schedule 1- Place, Manner and Form for Making Partner Visa..............4
1 Name
(1) This instrument is the Migration (IMMI 17/101: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2017.
(2) This instrument may be cited as IMMI 17/101
This instrument commences on 18 November 2017.
This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.
In this instrument:
Regulations means the Migration Regulations 1994.
Part 2 – Arrangements for Partner Visa Applications
5 Partner (Residence)(Class BS) visa
(1) This section applies to a person seeking to apply for a Partner (Residence) (Class BS) visa.
(2) For subitem 1124B(1) and paragraph 1124B(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 1 in the table in Schedule 1 to this instrument;
(a) the approved form is specified in the corresponding row in Column C; and
(b) the place and manner for making an application is specified in the corresponding row in Column D.
6 Partner (Migrant)(Class BC) visa
(1) This section applies to a person seeking to apply for a Partner (Migrant) (Class BC) visa.
(2) For subitem 1129(1) and paragraph 1129(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 2 in the table in Schedule 1 to this Instrument;
(a) the approved form is specified in the corresponding row in Column C; and
(b) the place and manner for making an application is specified in the corresponding row in Column D.
7 Partner (Temporary)(Class UK) visa
(1) This section applies to a person seeking to apply for a Partner (Temporary) (Class UK) visa.
(2) For subitem 1214C(1) and paragraph 1214C(3)(b) of Schedule 1 to the Regulations;
(a) the approved form is specified in the corresponding row in Column C; and
(b) the place and manner for making an application is specified in the corresponding row in Column D.
8 Prospective Marriage (Temporary)(Class TO) visa
(1) This section applies to a person seeking to apply for a Prospective Marriage (Temporary) (Class TO) visa.
(2) For subitem 1215(1) and paragraph 1215(3)(a) of Schedule 1 to the Regulations;
(a) the approved form is specified in the corresponding row in Column C; and
(b) the place and manner for making an application is specified in the corresponding row in Column D.
9 Partner (Provisional)(Class UF) visa
(1) This section applies to a person seeking to apply for a Partner (Provisional) (Class UF) visa.
(2) For subitem 1220A(1) and paragraph 1220A(3)(a) of Schedule 1 to the Regulations;
(a) the approved form is specified in the corresponding row in Column C; and
(b) the place and manner for making an application is specified in the corresponding row in Column D.
Schedule 1 – Place, manner and form for making Partner visa
Row No. | Column A: Visa | Column B: Kind of Applicant | Column C: Form | Column D: Place and Manner |
1. |
Item 1124B Partner (Residence) (Class BS) Subclass 801 (Partner) |
If the applicant is the holder of a Subclass 445 (Dependent Child) visa
|
1002 |
Application must be made: i) in Australia but not in immigration clearance; and
ii) by posting the application to the office that is processing the parent’s permanent Partner visa application. |
In any other case |
47SP (Internet) or If authorised by the Department: 47SP |
Application must be made: i) as an internet application; or
ii) if authorised to use Form 47SP, in accordance with directions from the Department, by a date specified. | ||
2. |
Item 1129 Partner (Migrant) (Class BC) Subclass 100 (Partner) |
If the applicant is the holder of a Subclass 445 (Dependent Child) visa
|
1002 |
Application must be made: i) in or outside Australia but not in immigration clearance; and
ii) by posting the application to the office that is processing the parent’s permanent Partner visa application. |
In any other case |
47SP (Internet); or If authorised by the Department: 47SP |
Application must be made: i) as an internet application; or
ii) if authorised to use form 47SP, in accordance with directions from the Department, by a date specified. | ||
3. | Item 1214C Partner (Temporary) (Class UK) Subclass 820 Partner | All | 47SP (Internet) or If authorised by the Department: 47SP
| Application must be made: i) as an internet application; or ii) if authorised to use form 47SP, in accordance with directions from the department, by a date specified. |
4. | Item 1215 Prospective Marriage (Temporary) Class TO, Subclass 300 (Prospective Marriage) | All | 47SP (Internet) or If authorised by the Department: 47SP
| Application must be made: i) as an internet application; or ii) if authorised to use form 47SP, in accordance with directions from the department, by a date specified. |
5. | Item 1220A Partner (Provisional) (Class UF) Subclass 309 Partner (Provisional) | All | 47SP (Internet) or If authorised by the Department: 47SP
| Application must be made: i) as an internet application; or ii) if authorised to use form 47SP, in accordance with directions from the department, by a date specified. |