Amendments to the Migration Regulations 1994 pertaining to subclasses 801 and 820 (“Partner” visas), potentially making these visas more accessible, will come into effect on 27 March, 2010.

The amendments will effectively:

1. With respect to Subclass 801 – Partner (permanent) - allow a visa to be granted to an applicant who is outside of Australia; and
2. With respect to Subclass 820 – Partner (temporary) - clarify in the Migration Regulations 1994 that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa.

Previously, subclass 801 visa applications could only be made by partners of Australian citizens, permanent residents or eligible New Zealand citizens who were physically in Australia at the time of making the application. The amendment widens the umbrella of applicants in this class to include partners outside Australia, and does away with the need for such applicants to return to the country to make a valid application under this subclass.

This amendment will apply to visa applications made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958 – essentially meaning any applications made and still subject to or capable of being subject to review under the Act) before 27 March 2010, and to visa applications made on or after 27 March 2010.

The second amendment is made to provide clarity with respect to the eligibility of an applicant under subclass 820 who has previously been granted a subclass 300 (Prospective marriage / Fiance) visa. The amendment makes it clear that a person may be eligible to apply for a subclass 820 (Temporary Partner) visa under the sponsorship of a spouse or de facto partner (being an Australian citizen, permanent resident or eligible New Zealand citizen) who was not the applicant’s prospective marriage partner under the earlier application (ie a new partner).

This second amendment to the Regulations will only apply to the assessment of subclass 820 visa applications made on or after 27 March, 2010.

View DIAC’s information statement in relation to the changes here:
http://www.immi.gov.au/legislation/amendments/2010/100327/lc27032010-07.htm
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