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Subclass 309/820: Newly Arrived Resident’s Waiting Period of 2 Years

December 2018, 27
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Amendment of Social Security (Visas Class– Newly Entered Resident’s Waiting Period for exceptional Benefit) Determination 2018

The Amendment Determination only defines that a person who becomes the holder of visa subclass 309 or 820 is directed to the recently arrived resident’s waiting period of 2 years (104 weeks).

Recent Amendment of Social Security

The Amendment of Social Security (Class of Visas – Newly Entered Resident’s Waiting Period for exceptional Benefit) Determination 2018 was enrolled on 19 Dec 2018 and will start on 1 Jan 2019. Its declarative statement covers the following:
Subclass 820 (Partner) and Subclass 309 (Partner (Provisional)) visa holders are presently directed to a [recently entered resident’s period of waiting] once they come Australia by virtue of paragraph 739A(1)(a) of the Act, except they are excluded from the N.A.R.W.P (newly arrived resident’s waiting period) below subsection 739A(6), (7) or (8) of the Act. The Reform Determination only explains, for the avoidance of doubt, that an individual who converts the holder of such a visa is directed to the N.A.R.W.P under paragraph 739A(1)(e) of the Act. The NARWP will, therefore, proceed to appeal to these visa sub-classes.
The appeal of the N.A.R.W.P to these visa subclasses indicates the intention of the N.A.R.W.P, which is that individuals attempting to live permanently in Australia below the family stream are financially independent when they initially settle here.

These sub classes visa  Holders are demanded to be able to sustain themselves, including by support from their spouse or partner already in Australia.

Further, below subsection 739A(4) of the Act, if an individual is directed to an N.A.R.W.P, and the individual was the visa holder that is in a class of visas identified by the Minister for paragraph 739A(4)(b) of the Act, then the N.A.R.W.P begins on the day the individual appealed for that visa, and stops when the individual has been in Australia for the essential period of [104] weeks. 

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