Commonwealth Coat of Arms of Australia

 

LIN 24/077

 

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Amendment (No. 1) Instrument 2024

I, Aza Ozmanian, delegate of the Minister, make the following instrument.

Dated  20 December 2024

Aza Ozmanian

Acting Assistant Secretary / Senior Executive Service Band 1
Family Visas Branch
Immigration Programs Division
Department of Home Affairs

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018

 

 

1  Name

  This instrument is the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Amendment (No. 1) Instrument 2024.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018

1  Section 4

Insert:

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.

online portal means the online services portal Partner processing enquiry form available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/partner-processing-enquiry-form.

2  After subsection 6(1)

Insert:

 (2) For the purposes of subparagraph 1124B(3)(e)(ii) of Schedule 1 to the Regulations, Form 40SP and Form 40SP (Internet) are specified as approved forms.

3  Schedule 1 (table)

Repeal the table, substitute:

 

Item

Column A:

Item and visa

Column B:

Kind of applicant

Column C:

Approved 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 in Australia but not in immigration clearance, through any one of the following:

 

  1.     posting the application to the office that is processing the parent’s permanent Partner visa application;
  2.     uploading the application onto ImmiAccount; or
  3.     providing the application to the Department using the online portal.  

 

 

In any other case

 

47SP (Internet) or

If authorised by the Department: 47SP

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use Form 47SP, in accordance with directions from the Department, by the 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 in or outside Australia but not in immigration clearance, through any one of the following:
 

  1.     posting the application to the office that is processing the parent’s permanent Partner visa application;
  2.     uploading the application onto ImmiAccount; or
  3.     providing the application to the Department using the online portal.  

 

 

In any other case

 

47SP (Internet); or

If authorised by the Department: 47SP

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing 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 applicants

 

47SP (Internet) or

If authorised by the Department: 47SP

 

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing 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 applicants

 

47SP (Internet) or

If authorised by the Department: 47SP

 

 

Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing 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
applicants


47SP (Internet) or

If authorised by the Department: 47SP

 


Application must be made:

  1.     as an internet application; or
  2.     if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.