[Australia] Breaking News: Parents and Family Visa to be re-opened

Disallowance Motion – Cessation of non-contributory parent and other family visas – 24 September 2014

The MIA reminds Members that Senator Hanson-Young tomorrow intends to move a disallowance motion against the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 65 [F2014L00622], made under the Migration Act 1958. The Instrument ceased the non contributory parent and aged parent, aged dependent relative, remaining relative and carer visa subclasses.

If the disallowance motion is successful, the Department has advised there will be a six month window to again lodge these applications. A new Regulation that has the same effect as a disallowed Regulation cannot be made within the six months following the disallowance.

The Department has advised the MIA that If the disallowance motion is successful, then all the Parent and Other Family visa categories will be open to applications from that moment. Paper applications for these visas could be accepted tomorrow, however, they would not be receipted immediately, because it will take 24 hours to bring those systems back online.

If Members have applications that could have been lodged prior to the cessation, they may consider whether these may be validly lodged during this period.

Parent Visa Subclass 103

Applications must be posted or couriered to the Parent Visa Centre
Emailed and faxed applications will not be accepted! Schedule 1 does not allow this.

Parent Visa Subclass 804

As there is no legislative instrument specifying where the application must be lodged, there is no legal impediment to lodging an application for this visa at any DIBP office in Australia.

Remaining Relative

Subclass 115 – Applications can be lodged at any overseas DIBP office
Subclass 835 – Although the DIBP website advises that applications can be lodged at the Perth DIBP office, marked “Attention Child and Other Family Processing Centre”, Schedule 1 states that “if no address has been specified for subparagraphs (i) and (ii) — by lodging the application at an office of Immigration.” And there appears to be no addressed specified by the Minister.

There is no legal impediment to lodging an application for this visa at any DIBP office in Australia.

Aged Dependent Relative

Subclass 114 – Applications can be lodged at any overseas DIBP office
Subclass 838 – Although the DIBP website advises that applications can be lodged at the Perth DIBP office, marked “Attention Child and Other Family Processing Centre”, Schedule 1 states that “if no address has been specified for subparagraphs (i) and (ii) — by lodging the application at an office of Immigration.” And there appears to be no addressed specified by the Minister.

There is no legal impediment to lodging an application for this visa at any DIBP office in Australia.

Carer

Subclass 116 – Applications can be lodged at any overseas DIBP office
Subclass 836 – Although the DIBP website advises that applications can be lodged at the Perth DIBP office, marked “Attention Child and Other Family Processing Centre”, Schedule 1 states that “if no address has been specified for subparagraphs (i) and (ii) — by lodging the application at an office of Immigration.” And there appears to be no addressed specified by the Minister.

There is no legal impediment to lodging an application for this visa at any DIBP office in Australia.

Proposal to extend the validity of Subclass 400 visas

The Department has notified the MIA that it is considering amending the Migration Regulations to extend the current three month visa settings of all streams of the 400 series visas (Invited Participant, Highly Specialised Work and Australia’s Interest) to allow:

  • the visa holder to travel to and enter Australia within six months after the date of the grant of the visa; and
  • a maximum stay period of six months, which the visa holder may remain in Australia, after their first entry.
  • The proposed changes would provide more flexibility for those attending major sporting events and businesses requiring workers for highly specialised, non-ongoing or intermittent activities.

Under this proposal, policy would require those seeking stays of more than three months to provide a strong business case as to why the longer period is required, noting also that applicants undertaking highly specialised work will still be required to provide evidence that their employment conditions satisfy Australian workplace standards and that their activities will not adversely impact Australian workers.

Contact us for any enquiries and our consultants will be glad to be of any assistance.

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