1124BPartner (Residence) (Class BS)

1124B  Partner (Residence) (Class BS)  (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (A) who is the holder of a Subclass 445 (Dependent Child) visa; or  (A) who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations; or   - 1 Base application charge $560 - 2 Additional applicant charge for an applicant who is at least 18 $280 - 3 Additional applicant charge for an applicant who is less than 18 $145    (iii) for an applicant who:  (B) entered Australia before 19 December 1989; and  (C) at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and  (D) has subsequently married that person;      (iv) for an applicant who:  (B) entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and  (C) ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry;      (A) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and  (B) is married to the person who was specified as the applicant’s intended spouse in the application for that visa; and  (C) seeks to remain in Australia permanently on the basis of that marriage;   - 1 Base application charge $1 560 - 2 Additional applicant charge for an applicant who is at least 18 $785 - 3 Additional applicant charge for an applicant who is less than 18 $390    (va) for an applicant:  (A) who is covered by subitem (2A); or   - 1 Base application charge $1 560 - 2 Additional applicant charge for an applicant who is at least 18 $785 - 3 Additional applicant charge for an applicant who is less than 18 $390    (vi) In the case of an applicant who:  (B) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and  (C) ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and  (D) seeks to remain in Australia permanently on the basis of that marriage;      (via) for an applicant:  (A) who is covered by subitem (2B); or      (vii) for any other applicant:   Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.  Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.  (2A) An applicant is covered by this subitem if the applicant:  (a) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and  (b) seeks to satisfy the primary criteria set out in subclause 801.221(6AA) of Schedule 2.  (2B) An applicant is covered by this subitem if the applicant:  (a) is not the holder of a substantive visa; and  (b) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and  (c) seeks to satisfy the primary criteria set out in subclause 801.221(6AB) of Schedule 2.  (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (b) The applicant must be in Australia, but not in immigration clearance.  (c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Residence) (Class BS) visa may be made at the same time and place as, and combined with, the application by that person.  (d) If the applicant holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of making the application for the Partner (Residence) (Class BS) visa, the applicant must not have had any of the following visas refused in the 21 days immediately before making the application for the Partner (Residence) (Class BS) visa:  (i) a Subclass 100 (Spouse) visa;  (ii) a Subclass 100 (Partner) visa;  (iii) a Subclass 110 (Interdependency) visa;  (iv) a Subclass 309 (Spouse (Provisional)) visa;  (v) a Subclass 309 (Partner (Provisional)) visa;  (vi) a Subclass 310 (Interdependency (Provisional)) visa;  (vii) a Subclass 801 (Spouse) visa;  (viii) a Subclass 801 (Partner) visa;  (ix) a Subclass 814 (Interdependency) visa;  (x) a Subclass 820 (Spouse) visa;  (xi) a Subclass 820 (Partner) visa;  (xii) a Subclass 826 (Interdependency) visa.  (e) Subject to subitem (3A), if the applicant is a person to whom section 48 of the Act applies, the applicant:  (i) must not have been refused any of the following visas since last entering Australia:  (A) a Subclass 100 (Spouse) visa;  (B) a Subclass 100 (Partner) visa;  (C) a Subclass 110 (Interdependency) visa;  (D) a Subclass 309 (Spouse (Provisional)) visa;  (E) a Subclass 309 (Partner (Provisional)) visa;  (F) a Subclass 310 (Interdependency (Provisional)) visa;  (G) a Subclass 801 (Spouse) visa;  (H) a Subclass 801 (Partner) visa;  (I) a Subclass 814 (Interdependency) visa;  (J) a Subclass 820 (Spouse) visa;  (K) a Subclass 820 (Partner) visa;  (L) a Subclass 826 (Interdependency) visa; and  (ii) must provide, at the same time and place as making the application, the approved form specified by the Minister in a legislative instrument made for this subparagraph under subregulation 2.07(5) that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner); and  (iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:  (A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and  (B) declares that the applicant and the partner are in a married relationship or de facto relationship; and  (C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.  (3A) For paragraph (3)(e):  (a) the applicant is taken to have met the requirements of the paragraph if the applicant:  (i) is a person to whom section 48 of the Act applies; and  (ii) claims to be a dependent child of a person who has met the requirements of paragraph (3)(e); and  (b) if the applicant leaves and re‑enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.  801 (Partner) 1127AA  Resolution of Status (Class CD) Note: Subregulation 2.07AQ(3) sets out other circumstances in which a person is taken to have made a valid application for a Resolution of Status (Class CD) visa.  (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (c) The criteria in at least 1 of the items in the table are satisfied.   | Item | Criterion 1 | Criterion 2 | Criterion 3 | | --- | --- | --- | --- | | 1 | Applicant holds:<br>(a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or<br>(b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or<br>(c) a Subclass 695 (Return Pending) visa | Nil | Nil | | 2 | Applicant held, but no longer holds, a visa of a kind mentioned in criterion 1 of item 1, or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008, and the visa was not cancelled | Applicant:<br>(a) has not left Australia; or<br>(b) while holding a visa that permits re‑entry to Australia, has left and re‑entered Australia | Applicant does not hold a permanent visa | | 3 | Applicant is a member of the same family unit as a person who:<br>(a) has made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2; or<br>(b) is taken to have made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2 of the table in subregulation 2.07AQ(3). | Applicant:<br>(a) was in Australia on 9 August 2008 and was a member of the same family unit on that date; or<br>(b) was born on or after 9 August 2008 | Nil | | 4 | Both of the following apply:<br>(a) the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) the applicant first entered Australia before the TPV/SHEV transition day | At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined | Nil | | 4A | All of the following apply:<br>(a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) on or after that day, that visa ceased to be in effect (other than because the visa was cancelled);<br>(c) since the applicant was granted that visa, the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined | At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined | Nil | | 5 | All of the following apply:<br>(a) on the TPV/SHEV transition day, the applicant did not hold a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) at any time before the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(c) the Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa most recently held by the applicant was not cancelled;<br>(d) since the applicant was granted the visa mentioned in paragraph (c), the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined | At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined | Nil | | 6 | Applicant who:<br>(a) is the child of a person who meets, or has met, the requirements mentioned in item 4, 4A or 5; and<br>(b) was born in Australia | At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined | Nil | | 7 | Applicant who:<br>(a) is the child of a holder of a Resolution of Status (Class CD) visa, granted on the basis of an application taken to have been made under regulation 2.08G; and<br>(b) was born in Australia | At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined | Nil | Note: For member of the same family unit, see subsection 5(1) of the Act. For TPV/SHEV transition day, see regulation 1.03.  851 (Resolution of Status)