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From 1 July 2009, amendments have been made to the Migration Regulations to prevent persons who are granted a permanent Contributory Parent category visa (subclasses 143 and 864) from sponsoring their partner for a Partner or Prospective Marriage visa for five years from the day of their visa grant, if they:
were granted their permanent Contributory Parent category visa on or after 1 July 2009; and
were in a spouse or de facto partner relationship on or before the date their permanent Contributory Parent category visa was granted and now wish to sponsor that partner.
This limitation may not apply if the partner had compelling reasons, which are not financially related, for not applying for the permanent Contributory Parent category visa at the same time as sponsor. Examples of situations that might amount to compelling reasons may include:
same-sex de-facto partners who were unable to include or add their partner to their parent visa application; and
bridging visa holders who last held a temporary Contributory Parent category visa and who have already lodged their permanent Contributory Parent category visa prior to 1 July 2009 and are unable to add their partner to their permanent Contributory Parent category visa application.
These amendments were made to support the Government’s policy intent of ensuring that parents and their partners make a fairer contribution (via the second instalment of the Visa Application Charge (VAC) and Assurance of Support) to partially offset the significant costs of parent migration to the broader community. |
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