Effective 1 January 2012
* Amendments to Remove the Discretionary 'Assurance of Support' Requirement from Certain Partner Visas
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.
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. The following forms have been amended and
new electronic versions will be available from 1 January 2012:
* Form 40SP Sponsorship for a partner to migrate to Australia
* Form 1127 Booklet 2 Partner Migration
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.
* Amendment of Australian Citizenship Regulations 2007 Relating to the Payment of Fees in Foreign Currencies and
Foreign Countries
From 1 January 2012, the Citizenship Regulations 2007 ('the Regulations') are amended to update the references
to instruments made under subregulation 5.36(1) and subregulation 5.36(1A) of the Migration Regulations 1994
which relate to the payment of fees in foreign currencies and countries.
The amendments have the effect of specifying the foreign countries where a fee may be paid in a foreign currency
and the foreign currency amount that corresponds to the amount of the fee in Australian dollars.
On 1 January 2012, the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies,
(IMMI 11/007) will be revoked and replaced with a new instrument titled Payment of Visa Application Charges and
Fees in Foreign Currencies, (IMMI 11/056). Also on 1 January 2012, the instrument titled Places and Currencies for
Paying of Fees, (IMMI 11/008) will be revoked and replaced with a new instrument titled Places and Currencies for
Paying of Fees, (IMMI 11/057).
The amendments apply in relation to an application made under Division 2, 3, or 4 of Part 2 of the Australian
Citizenship Act 2007 on or after 1 January 2012.
* Adjustment of Visa Application Charges
From 1 January 2012, the Migration Regulations 1994 are amended to provide that an applicant who makes an
application for a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa is required to pay a first instalment on
their visa application charge of $140, instead of $120; the amendment also provides that base visa application
charges for a range of visa subclasses are adjusted, including an increase of between 5 and 15 percent for some
visa subclasses, and a decrease of 5 percent for Student (Temporary) (Class TU) visas.
The amendments apply to a matter for which an obligation to pay a fee or charge is incurred on or after 1 January
2012.
The January 2012 version of the Charges Form 990i will be amended to reflect these changes in fees and visa
application charges.
* Amendments to Remove the Discretionary 'Assurance of Support' Requirement from Certain Partner Visas
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.
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. The following forms have been amended and
new electronic versions will be available from 1 January 2012:
* Form 40SP Sponsorship for a partner to migrate to Australia
* Form 1127 Booklet 2 Partner Migration
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.
* Amendment of Australian Citizenship Regulations 2007 Relating to the Payment of Fees in Foreign Currencies and
Foreign Countries
From 1 January 2012, the Citizenship Regulations 2007 ('the Regulations') are amended to update the references
to instruments made under subregulation 5.36(1) and subregulation 5.36(1A) of the Migration Regulations 1994
which relate to the payment of fees in foreign currencies and countries.
The amendments have the effect of specifying the foreign countries where a fee may be paid in a foreign currency
and the foreign currency amount that corresponds to the amount of the fee in Australian dollars.
On 1 January 2012, the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies,
(IMMI 11/007) will be revoked and replaced with a new instrument titled Payment of Visa Application Charges and
Fees in Foreign Currencies, (IMMI 11/056). Also on 1 January 2012, the instrument titled Places and Currencies for
Paying of Fees, (IMMI 11/008) will be revoked and replaced with a new instrument titled Places and Currencies for
Paying of Fees, (IMMI 11/057).
The amendments apply in relation to an application made under Division 2, 3, or 4 of Part 2 of the Australian
Citizenship Act 2007 on or after 1 January 2012.
* Adjustment of Visa Application Charges
From 1 January 2012, the Migration Regulations 1994 are amended to provide that an applicant who makes an
application for a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa is required to pay a first instalment on
their visa application charge of $140, instead of $120; the amendment also provides that base visa application
charges for a range of visa subclasses are adjusted, including an increase of between 5 and 15 percent for some
visa subclasses, and a decrease of 5 percent for Student (Temporary) (Class TU) visas.
The amendments apply to a matter for which an obligation to pay a fee or charge is incurred on or after 1 January
2012.
The January 2012 version of the Charges Form 990i will be amended to reflect these changes in fees and visa
application charges.
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