{"id":"F2018L00789","name":"Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018","slug":"migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97451,"registerId":"commonwealth-F2018L00789-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n (1) This instrument is the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018.\n (2) This instrument may be cited as IMMI 18/103.\n\n#### 3 Authority\n\n This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> approved form has the meaning given by subsection 5(1) of the Act.\n\nImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.\n\n> Internet application has the meaning given by regulation 1.03 of the \n> Regulations.\n\nonline portal means the online services portal Partner processing enquiry form available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/partner-processing-enquiry-form.\n\n> Regulations means the Migration Regulations 1994.\n\n> visa has the meaning given by subsection 5(1) of the Act.\n\n## Part 2—Arrangements for Partner Visa Applications\n\n#### 6 Partner (Residence)(Class BS) visa\n\n (1) For subitem 1124B(1) and paragraph 1124B(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 1 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n (2) For the purposes of subparagraph 1124B(3)(e)(ii) of Schedule 1 to the Regulations, Form 40SP and Form 40SP (Internet) are specified as approved forms.\n\n#### 7 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1129(1) and paragraph 1129(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 2 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 8 Partner (Temporary)(Class UK) visa\n\n (1) For subitem 1214C(1) and paragraph 1214C(3)(b) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 3 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 9 Prospective Marriage (Temporary)(Class TO) visa\n\n (1) For subitem 1215(1) and paragraph 1215(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 4 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 10 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1220A(1) and paragraph 1220A(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 5 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n \n\nSchedule 1—Place, manner and form for making Partner visa\n\n```html\n

Item

Column A:

Item and visa

Column B:

Kind of applicant

Column C:

Approved form

Column D:

Place and manner

1.

Item 1124B

Partner (Residence) (Class BS): Subclass 801 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use Form 47SP, in accordance with directions from the Department, by the date specified.

2.

Item 1129

Partner (Migrant) (Class BC): Subclass 100 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in or outside Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet); or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

3.

Item 1214C

Partner (Temporary) (Class UK): Subclass 820 Partner

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

4.

Item 1215

Prospective Marriage (Temporary) Class TO: Subclass 300 (Prospective Marriage)

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.


5.


Item 1220A

Partner (Provisional) (Class UF): Subclass 309 Partner (Provisional)


All applicants


47SP (Internet) or

If authorised by the Department: 47SP


Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

\n```","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n (1) This instrument is the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018.\n (2) This instrument may be cited as IMMI 18/103.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> approved form has the meaning given by subsection 5(1) of the Act.\n\nImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.\n\n> Internet application has the meaning given by regulation 1.03 of the \n> Regulations.\n\nonline portal means the online services portal Partner processing enquiry form available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/partner-processing-enquiry-form.\n\n> Regulations means the Migration Regulations 1994.\n\n> visa has the meaning given by subsection 5(1) of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Arrangements for Partner Visa Applications","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n (1) This instrument is the Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018.\n (2) This instrument may be cited as IMMI 18/103.\n\n#### 3 Authority\n\n This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> approved form has the meaning given by subsection 5(1) of the Act.\n\nImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.\n\n> Internet application has the meaning given by regulation 1.03 of the \n> Regulations.\n\nonline portal means the online services portal Partner processing enquiry form available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/partner-processing-enquiry-form.\n\n> Regulations means the Migration Regulations 1994.\n\n> visa has the meaning given by subsection 5(1) of the Act.\n\n## Part 2—Arrangements for Partner Visa Applications\n\n#### 6 Partner (Residence)(Class BS) visa\n\n (1) For subitem 1124B(1) and paragraph 1124B(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 1 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n (2) For the purposes of subparagraph 1124B(3)(e)(ii) of Schedule 1 to the Regulations, Form 40SP and Form 40SP (Internet) are specified as approved forms.\n\n#### 7 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1129(1) and paragraph 1129(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 2 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 8 Partner (Temporary)(Class UK) visa\n\n (1) For subitem 1214C(1) and paragraph 1214C(3)(b) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 3 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 9 Prospective Marriage (Temporary)(Class TO) visa\n\n (1) For subitem 1215(1) and paragraph 1215(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 4 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n#### 10 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1220A(1) and paragraph 1220A(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 5 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n \n\nSchedule 1—Place, manner and form for making Partner visa\n\n```html\n

Item

Column A:

Item and visa

Column B:

Kind of applicant

Column C:

Approved form

Column D:

Place and manner

1.

Item 1124B

Partner (Residence) (Class BS): Subclass 801 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use Form 47SP, in accordance with directions from the Department, by the date specified.

2.

Item 1129

Partner (Migrant) (Class BC): Subclass 100 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in or outside Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet); or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

3.

Item 1214C

Partner (Temporary) (Class UK): Subclass 820 Partner

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

4.

Item 1215

Prospective Marriage (Temporary) Class TO: Subclass 300 (Prospective Marriage)

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.


5.


Item 1220A

Partner (Provisional) (Class UF): Subclass 309 Partner (Provisional)


All applicants


47SP (Internet) or

If authorised by the Department: 47SP


Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

\n```","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Partner (Residence)(Class BS) visa","content":"#### 6 Partner (Residence)(Class BS) visa\n\n (1) For subitem 1124B(1) and paragraph 1124B(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 1 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n (2) For the purposes of subparagraph 1124B(3)(e)(ii) of Schedule 1 to the Regulations, Form 40SP and Form 40SP (Internet) are specified as approved forms.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Partner (Migrant)(Class BC) visa","content":"#### 7 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1129(1) and paragraph 1129(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 2 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Partner (Temporary)(Class UK) visa","content":"#### 8 Partner (Temporary)(Class UK) visa\n\n (1) For subitem 1214C(1) and paragraph 1214C(3)(b) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 3 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prospective Marriage (Temporary)(Class TO) visa","content":"#### 9 Prospective Marriage (Temporary)(Class TO) visa\n\n (1) For subitem 1215(1) and paragraph 1215(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 4 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Partner (Migrant)(Class BC) visa","content":"#### 10 Partner (Migrant)(Class BC) visa\n\n (1) For subitem 1220A(1) and paragraph 1220A(3)(a) of Schedule 1 to the Regulations, for each kind of applicant described in Column B of item 5 in the table in Schedule 1 to this instrument:\n (a) the approved form is specified in the corresponding row in Column C;\n (b) the place and manner for making an application is specified in the corresponding row in Column D.\n\n \n\nSchedule 1—Place, manner and form for making Partner visa\n\n```html\n

Item

Column A:

Item and visa

Column B:

Kind of applicant

Column C:

Approved form

Column D:

Place and manner

1.

Item 1124B

Partner (Residence) (Class BS): Subclass 801 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use Form 47SP, in accordance with directions from the Department, by the date specified.

2.

Item 1129

Partner (Migrant) (Class BC): Subclass 100 (Partner)

If the applicant is the holder of a Subclass 445 (Dependent Child) visa

1002

Application must be made in or outside Australia but not in immigration clearance, through any one of the following:

  1. posting the application to the office that is processing the parent’s permanent Partner visa application;
  2. uploading the application onto ImmiAccount; or
  3. providing the application to the Department using the online portal.

In any other case

47SP (Internet); or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

3.

Item 1214C

Partner (Temporary) (Class UK): Subclass 820 Partner

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

4.

Item 1215

Prospective Marriage (Temporary) Class TO: Subclass 300 (Prospective Marriage)

All applicants

47SP (Internet) or

If authorised by the Department: 47SP

Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.


5.


Item 1220A

Partner (Provisional) (Class UF): Subclass 309 Partner (Provisional)


All applicants


47SP (Internet) or

If authorised by the Department: 47SP


Application must be made:

  1. as an internet application; or
  2. if authorised in writing to use form 47SP, in accordance with directions from the Department, by a date specified.

\n```","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"Specifies the approved forms, places and manners for making partner and prospective marriage visa applications under the Migration Regulations 1994, without altering any visa criteria or legislative requirements."},"complexity_factors":["Instrument only specifies approved forms and lodgement methods","No new legislative criteria or policy changes","Straightforward administrative arrangements"],"plain_english_summary":"IMMI 18/103 prescribes the mandatory application and sponsorship forms and how to lodge them for Partner visas (subclasses 820/801/309/100) and the Prospective Marriage visa (subclass 300). Generally applicants must use online Form 47SP via ImmiAccount; paper lodging is only allowed with the Department’s written permission. Child applicants on Subclass 445 linking to a parent’s permanent partner application use Form 1002 and have broader lodgement options. The instrument does not alter visa eligibility—only which forms and methods to use."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying administrative arrangements (forms, place, manner) for partner and prospective marriage visa applications. It does not expand into substantive visa criteria or eligibility requirements."},"complexity_factors":["Multiple cross-references to the Migration Regulations 1994 (Schedule 1 items 1124B, 1129, 1214C, 1215, 1220A)","Nested conditional logic: different rules apply depending on visa subclass, applicant type (dependent child vs primary), and location (onshore/offshore)","Dual form system: online (47SP Internet) vs paper (47SP) with authorisation requirements","Table-based structure requiring horizontal and vertical reading to match visa type with correct procedure","Technical terminology requiring external knowledge: 'immigration clearance', 'ImmiAccount', 'internet application', 'approved form'","Exception for Subclass 445 dependent children with entirely different form (1002) and submission methods"],"plain_english_summary":"This instrument sets out the **paperwork and submission rules** for people applying for Australian partner visas and prospective marriage (fiancé) visas.\n\n**What it does:**\n- Tells applicants **which forms to use** and **how to lodge** their applications for five specific visa types:\n - **Subclass 801** (Permanent Partner visa – onshore)\n - **Subclass 100** (Permanent Partner visa – offshore)\n - **Subclass 820** (Temporary Partner visa – onshore)\n - **Subclass 300** (Prospective Marriage/Fiancé visa)\n - **Subclass 309** (Provisional Partner visa – offshore)\n\n**Key rules:**\n- **Most applicants must apply online** using Form 47SP (Internet) through the Department's ImmiAccount portal.\n- **Paper applications are restricted** – you can only use Form 47SP on paper if the Department gives you written permission.\n- **Dependent children** holding a Subclass 445 visa use a different form (Form 1002) and have more flexible submission options (post, ImmiAccount upload, or online portal).\n- **Location matters:** Some visas must be applied for from inside Australia, others from outside, and some allow either.\n\n**Who it affects:**\nAnyone applying for a partner or prospective marriage visa, including Australian citizens/permanent residents sponsoring their partners, and dependent children included in these applications.\n\n**Why it matters:**\nUsing the wrong form or submission method can invalidate your application. This instrument is the official rulebook that immigration officers use to check if your application was lodged correctly."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is an administrative/technical specification of forms and lodging channels for partner and prospective‑marriage visas. It does not broaden or create new visa eligibility or substantive criteria; it operates within the delegated power to specify 'place and manner' for making applications (see s3: authority under reg 2.07(5)).\n\nWhat has changed operationally is uptake of online lodging as the default (ImmiAccount / Form 47SP (Internet) / online portal) and the Department’s ability to restrict paper lodging to cases it authorises in writing. Those are procedural and implementation changes to how applications are submitted and processed, not changes to the substantive scope of the Migration Regulations’ visa classes."},"complexity_factors":["Short instrument (10 substantive paragraphs: Name, Authority, Definitions, and sections 6–10 plus a single Schedule).","5 visa items listed in Schedule 1 (Items 1–5: Subclasses 801, 100, 820, 300, 309) each with its own lodging rule.","Limited number of defined or referenced terms (Act; approved form; ImmiAccount; Internet application; online portal; Regulations).","Several cross‑references to the Migration Regulations and specific subitems (e.g. 1124B, 1129, 1214C, 1215, 1220A) which require readers to check the Regulations for full context.","Conditional logic in the Schedule: distinct rules for 'holder of a Subclass 445' v. 'in any other case', and repeated conditional 'If authorised by the Department' carve‑outs.","Repetition of the same pattern across multiple visa items (so overall simple but slightly verbose/repetitive).","One minor specification of particular approved forms (Form 40SP and Form 40SP (Internet) in s6(2))."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is an administrative instrument that tells you which application forms to use and how and where to lodge applications for partner and prospective‑marriage visas under the Migration Regulations. (See sections 6–10 and Schedule 1.)\n- It maps particular visa items in Schedule 1 of the Regulations (for example, Subclass 801, 100, 820, 300 and 309) to: 1) the approved form to be used (Column C of Schedule 1); and 2) the place and manner of lodging the application (Column D of Schedule 1).\n- For many applicants the instrument requires an internet application (upload via ImmiAccount or use Form 47SP (Internet)). In limited cases the Department may authorise the use of a paper Form 47SP in writing. The instrument also expressly specifies Form 40SP (paper and internet) for a particular sub‑paragraph (see s6(2)).\n\nWho it affects\n\n- Primary effect is on prospective and current applicants for Partner and Prospective Marriage visas: Subclass 801 (Partner — residence), Subclass 100 (Partner — migrant), Subclass 820 (Partner — temporary), Subclass 309 (Partner provisional) and Subclass 300 (Prospective Marriage). (See Schedule 1, Items 1–5.)\n- A small subset of applicants (for example, holders of a Subclass 445 Dependent Child visa) have slightly different lodging requirements set out in the Schedule (see Item 1, Column B/C/D).\n- The Department of Home Affairs (the decision‑maker) is given administrative discretion to authorise alternative lodging (see repeated phrasing \"If authorised by the Department: 47SP\").\n\nWhy it matters (practical effects)\n\n- Submission channel: the instrument makes online lodging the default route for most partner‑type visa applications (ImmiAccount / Form 47SP (Internet) / online portal). That changes how applicants interact with the system and which documentation/upload processes they must follow (Schedule 1; see Items 1–5).\n- Administrative control: the Department can restrict paper form use by only allowing it when it authorises a specific applicant in writing (repeated in Schedule 1). That concentrates control of exceptions in the Department.\n- Minor form specification: it clarifies particular approved forms used in the Regulations (for example Form 40SP for a listed subparagraph, s6(2)).\n\nPurpose claims and how they stand up to trade‑offs\n\n- Claimed purpose (implicit in the drafting): standardise and modernise lodging arrangements by moving to online submission and ensure applicants use the correct, Department‑approved forms (see s6–s10 and Schedule 1). The instrument implements that purpose by specifying forms and requiring internet applications in most cases.\n\n- Costs and compliance burden: applicants without reliable internet access or digital literacy face an increased compliance cost because the instrument makes internet submission the default and limits paper forms to explicit Department authorisation (Schedule 1, Column D). That is a direct cash/time cost (internet access, scanning documents, arranging uploads) and an access risk if ImmiAccount is unavailable.\n\n- Benefits and incentives: the Department reduces processing friction from handling paper files and can standardise intake (faster triage, automated checks). Applicants and migration agents benefit if online systems reduce processing time and permit easier document management — conditional on system reliability.\n\n- Opportunity cost and substitution effects: making internet lodging standard shifts investment pressures to digital systems (applicants and agent services invest in digital submission workflows). It may reduce demand for physical postal/migration‑agent lodgement services but increase demand for digital support services (scanning, digital assistance, IT support). Those are substitution effects, not new regulatory entitlements.\n\n- Bureaucratic discretion and implementation risk: the Department retains discretion to authorise paper forms in writing (Schedule 1). That centralised discretion reduces automatic access to paper lodging and creates a process dependency on departmental decisions; it also risks inconsistent outcomes unless internal guidance is clear.\n\n- Effects on private sector actors: migration agents and document‑processing businesses may reallocate resources from physical lodgements to digital support. There is no new regulatory bar on private businesses operating in the market, only a change in the dominant service channel.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: applicants bear the direct compliance costs (internet access, scanning, possible agent fees to prepare electronic lodgement). Indirectly, taxpayers bear any IT upgrades and ongoing maintenance costs for ImmiAccount and the Department’s online portal.\n- Who decides: the Department of Home Affairs decides whether an applicant may use a paper form (authorisation in writing) and operates ImmiAccount/online portal (see Schedule 1 and definitions). The instrument itself is made under delegated authority to specify place and manner (s3: authority under reg 2.07(5) of the Migration Regulations 1994).\n- Behaviour change: applicants will generally lodge partner/prospective‑marriage visa applications electronically (ImmiAccount or Form 47SP (Internet) or the online portal). A small subset must follow alternative lodging routes set out in the Schedule (for example posting to an office where a parent’s application is being processed — Schedule 1, Item 1).\n\nKey reference points in the instrument: sections 6–10 and Schedule 1 (mapping visa items to approved forms and place/manner); definitions (s4) for ImmiAccount and online portal.**"}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument","history":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument/history","analysis":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument/analysis","conflicts":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument/conflicts","importantCases":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument/important-cases","documents":"/api/acts/migration-immi-18-103-arrangements-for-partner-and-prospective-marriage-visa-applications-instrument/documents"}}