Migration (LIN 19/185: Arrangements for Family (Temporary) (Class GH) Visa) Instrument 2019

I, MICHAEL WILLARD, Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.

Dated 25 June 2019 

Michael Willard   

Michael Willard

Senior Executive Service, Band One

Immigration, Citizenship and Multiculturalism Policy Division

Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

Part 1 – Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

Part 2 – Applications for Family (Temporary) (Class GH) Visa

5  Approved Form

6  Manner for making an application

Part 1 – Preliminary

1  Name

(1)           This instrument is the Migration (LIN 19/185: Arrangements for Family (Temporary) (Class GH) Visa) Instrument 2019.

(2)           This instrument may be cited as LIN 19/185.

2  Commencement

This instrument commences on 1 July 2019.

3  Authority

This instrument is made under subregulation 2.07(5) of the Regulations.

4  Definitions

Note: Some terms in this instrument are defined in regulation 1.03 of the Regulations, for  

example:

(a)     Internet application;

(b)     parent sponsor.

In this instrument:

Act means the Migration Act 1958.

approved form has the meaning given by subsection 5(1) of the Act.

relevant parent sponsor, in relation to an applicant, means the person who is the parent sponsor of the applicant.

Regulations means the Migration Regulations 1994.

Part 2 – Applications for Family (Temporary) (Class GH) Visa

5  Approved Form

For subitem 1239(1) of Schedule 1 to the Regulations, the approved form is Form 1502 (Internet).

6  Manner for making an application

For paragraph 1239(3)(a) of Schedule 1 to the Regulations, an application for a Subclass 870 (Sponsored Parent (Temporary) visa must be made in the following manner:

(a)           the application must be made by an Internet application; and

(b)           if the applicant is in Australia when the application is made – the application must be made within 60 days from the day the applicant was permitted by the Minister to apply for the visa; and

(c)           if the applicant is outside Australia when the application is made – the application must be made within the following period:

(i)               if a term of approval of the relevant parent sponsor has been varied so that the approval also has effect in relation to the applicant – 6 months from the day the variation is made; or

(ii)               otherwise – ­6 months from the day on which the relevant parent sponsor is approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.