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Facilitation of Onshore Grants for Certain Offshore Family Visas During COVID-19

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateFebruary 27, 2021
CategoryFamily migration / concessions / administration
Policy toolBorder / visa procedural flexibilities
Affected groupOffshore family stream visa applicants (subclasses 101 child, 102 adoption, 300 prospective marriage, 309 partner provisional, and 445 dependent child) who were outside australia when applying, were in australia during the concession period, and are in australia when the visa is granted

Policy effect

Amends the Migration Regulations 1994 to enable certain offshore family stream visa applicants (Subclasses 101, 102, 300, 309, and 445) who were in Australia during the concession period to be granted their visas onshore.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

The whole of this instrument 27 February 2021. … (2) This subclause applies to a visa if: (a) the visa is granted after 26 February 2021; and (b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and (c) the applicant for the visa: (i) was in Australia at any time during that concession period; and (ii) is in Australia, but not in immigration clearance, when the visa is granted. … 5 Clause 102.411 of Schedule 2 Repeal the clause, substitute: 102.411 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 6 Clause 300.412 of Schedule 2 Repeal the clause, substitute: 300.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 7 Clause 309.412 of Schedule 2 Repeal the clause, substitute: 309.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 8 Clause 445.411 of Schedule 2 Repeal the clause, substitute: 445.411 (1) If the application is made outside Australia, the applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
Australian Federal Register of LegislationOpen official source
Retrieved from https://www.legislation.gov.au/F2021L00136/asmade/2021-02-18/text/original/pdf

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

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