This instrument is the Migration Amendment (2021 Measures No. 1) Regulations 2021.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	27 February 2021.	27 February 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Migration Act 1958.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Facilitating onshore grants of certain offshore visa applications

Migration Regulations 1994

1 At the end of subregulation 4.02(4)

Add:

; (s) a decision made after 26 February 2021 to refuse to grant:

(i) a Subclass 300 (Prospective Marriage) visa; or

(ii) a Subclass 309 (Partner (Provisional)) visa; or

(iii) a Subclass 445 (Dependent Child) visa;

if the visa was applied for before the end of the concession period described in subregulation 1.15N(1) by an applicant who:

(iv) was outside Australia when the application was made; and

(v) was in Australia at any time during that concession period; and

(vi) was in Australia on the day the decision was made.

2 Subregulation 4.02(5)

After “made by”, insert “the following”.

3 At the end of subregulation 4.02(5)

Add:

; (r) in the case of a decision to which paragraph (4)(s) applies—the sponsor.

4 Clause 101.411 of Schedule 2

Repeal the clause, substitute:

101.411

(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.

(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

(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.

(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

(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.

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.

(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

(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.

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.

(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

(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.

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.

(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

(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.

Schedule 2—Subclass 300 (Prospective Marriage) visas

Migration Regulations 1994

1 Clause 300.511 of Schedule 2

Repeal the clause, substitute:

300.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until:

(a) a date specified by the Minister, which must be a date occurring at least 9 months, but not more than 15 months, from the date of grant; or

(b) if the Minister does not specify a date—9 months from the date of grant.

Schedule 3—Temporary Skill Shortage (Class GK) visas

Migration Regulations 1994

1 Subparagraphs 1240(2)(a)(i) and (ii) of Schedule 1

Before “for” (first occurring), insert “subject to subparagraph (iii),”.

2 At the end of paragraph 1240(2)(a) of Schedule 1

Add:

(iii) for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil;

Schedule 4—Distinguished Talent (Class BX) visas

Part 1—Names

Division 1—Main amendments

Migration Regulations 1994

1 Subregulation 1.12(7) (heading)