Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 9

9.1 After regulation 2.08, insert: Addition of spouses and dependent children
to certain applications for permanent visas

"2.08A (1) If:

   (a)  a person (in this regulation called 'the original applicant') applies
        for a permanent visa of a class for which Schedule 1 permits combined
        applications; and

   (b)  after the application is made, but before it is decided, the Minister
        receives, in writing in accordance with Division 2.3, a request from
        the original applicant to have the spouse, or a dependent child, of
        the original applicant (in this regulation called 'the additional
        applicant') added to the original applicant's application; and

   (c)  the request includes a statement that the original applicant claims
        that the additional applicant is the spouse or dependent child, as the
        case requires, of the original applicant; and

   (d)  at the time when the Minister receives the request, the additional
        applicant satisfies the provisions of Schedule 1 that relate to the
        whereabouts of an applicant at the time of application and apply to a
        visa of the same class; then:

   (e)  the additional applicant is taken to have applied for a visa of the
        same class; and

   (f)  the application of the additional applicant:

        (i)    is taken to have been made at the time when the Minister
               receives the request; and

        (ii)   is taken to be combined with the application of the original
               applicant; and

        (iii)  is taken to have been made at the same place as, and on the
               same form as, the application of the original applicant.

"(2) Despite any provision in Schedule 2, the additional applicant:

   (a)  must be, at the time when the application is taken to be made under
        subparagraph (1) (f) (i), a person who satisfies the applicable
        secondary criteria to be satisfied at the time of application; and

   (b)  must satisfy the applicable secondary criteria to be satisfied at the
        time of decision. Addition of dependent children to certain
        applications for temporary visas

"2.08B (1) If:

   (a)  a person (in this regulation called 'the original applicant') applies
        for an Extended Eligibility (Temporary) (Class TK) visa or a
        Prospective Marriage (Temporary) (Class TO) visa; and

   (b)  either:

        (i)    after the application is made but before it is decided; or

        (ii)   after a decision to grant the visa is made; the Minister
               receives, in writing in accordance with Division 2.3, a request
               from the original applicant to have a dependent child of the
               original applicant (in this regulation called 'the dependent
               child') added to the original applicant's application; and

   (c)  the request includes a statement that the original applicant claims
        that the dependent child is the dependent child of the original
        applicant; and

   (d)  at the time when the Minister receives the request, the dependent
        child satisfies the provisions of Schedule 1 that relate to the
        whereabouts of an applicant at the time of application and apply to a
        visa of the same class; then:

   (e)  the dependent child is taken to have applied for a visa of the same
        class; and

   (f)  the application of the dependent child:

        (i)    is taken to have been made at the time when the Minister
               receives the request; and

        (ii)   is taken to be combined with the application of the original
               applicant; and

        (iii)  is taken to have been made at the same place as, and on the
               same form as, the application of the original applicant.

"(2) Despite any provision in Schedule 2, the dependent child:

   (a)  must be, at the time when the application is taken to be made under
        subparagraph (1) (f) (i), a person who satisfies the applicable
        secondary criteria to be satisfied at the time of application; and

   (b)  must satisfy the applicable secondary criteria to be satisfied at the
        time of decision.".