Commencement: 1 January 2012
Client summary
From 1 January 2012, the Migration Regulations 1994 ('the Regulations') are amended to remove the discretionary 'Assurance of Support' (AoS) requirements from certain Partner visas.
Affected legislation
The following provisions of the Regulations are amended:
- Schedule 2, clause 100.223, is omitted
- Schedule 2, clause 100.323, is omitted
- Schedule 2, clause 300.225, is omitted
- Schedule 2, clause 300.325, is omitted
- Schedule 2, clause 309.227, is omitted
- Schedule 2, clause 309.325, is omitted
- Schedule 2, clause 801.222, is omitted
- Schedule 2, clause 801.322, is omitted
- Schedule 2, clause 820.222, is omitted
- Schedule 2, clause 820.322, is omitted.
Additional information
The Social Security and Other Legislation Amendment Act 2011 amends the Social Security Act 1991 with effect from 1 January 2012.
The effect of the amendments to the Social Security Act 1991 is that, from 1 January 2012, access to Special Benefit payments for the holders of temporary Partner visas will align with access to Special Benefit for the holders of permanent Partner visas. That is, during the visa holder's initial two-year residence in Australia, the visa holder must prove they are in financial hardship and have experienced a substantial change in circumstances beyond their control since arrival in Australia to be eligible for payment of Special Benefit.
Given that the amendments to the Social Security Act 1991 align access to Special Benefit for the holders of temporary Partner visas with that of permanent visa holders, the discretionary Assurance of Support requirement will become redundant for these visas. It has also been decided to remove the requirement for the discretionary Assurance of Support from the permanent Partner visas.
Therefore, complementary to the amendments to the Social Security Act 1991, the Migration Regulations 1994 will also be amended with effect from 1 January 2012 in order to remove the discretionary Assurance of Support requirement from certain Partner visas.
Transitional provisions:
The proposed amendments to clauses 100.223, 100.323, 300.225, 300.325, 309.227, 309.325, 801.222, 801.322, 820.222, 820.322 apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958),before 1 January 2012.
Forms
- Form 40SP Sponsorship for a partner to migrate to Australia
- Form 1127 Booklet 2 Partner Migration
Both forms have been amended and new electronic versions will be available from 1 January 2012.
The new version of Form 40SP will be available in hard copy from 26 March 2012.
An addendum to this form will be available for the period 1 January 2012 to 25 March 2012.
Instructions
- PAM3: Div1.2/reg1.03 - Assurance of support
- PAM3: Div1.4 - Form 40 sponsors & sponsorship
- PAM3: Sch2Visa300 - Prospective Marriage
- PAM3: Sch2Visa309 - Partner (Provisional)
- PAM3: Sch2Visa100 - Partner
- PAM3: Sch2Visa820 - Partner
- PAM3: Sch2Visa801 - Partner
The above PAM3 instructions have been amended. The new versions will be available on LEGEND from 1 January 2012.
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