Norfolk Island - transitional migration and Australian citizenship amendments

Legislative Instrument - F2016L00725 - Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016. 

The Instrument above amends the Migration Regulations 1994 and the Australian Citizenship Regulations 2007 to update immigration and citizenship policy, and to transition foreign nationals who are lawfully on Norfolk Island to appropriate Australian visas that are comparable to their entry permit or residence status on Norfolk Island.

Currently, Commonwealth immigration law does not extend to Norfolk Island and is regulated by specific Norfolk Island Regulations.  These Regulations will be repealed on 1 July 2016 and be replaced by the Migration Act 1958.

On 1 July all non-citizens who hold a permit under Norfolk Island Immigration legislation will be 'deemed' to hold a comparable Australian visa, under the transitional arrangements of the Norfolk Island Legislation Amendment Act 2015.

This Amendment Act amends the Migration Regulations to: 

• create an alternative set of criteria for the grant of a Subclass 159 (Provisional Resident Return) visa and Subclass 808 (Confirmatory (Residence)) visa in Schedule 2 to the Migration Regulations for the Norfolk Island cohort; and

• extend the period that the Subclass 159 visa is in effect for this cohort. This will enable holders of this visa to meet the necessary period of residency to be eligible for grant of a Subclass 808 (Confirmatory (Residence)) visa, which is a permanent visa.

The Citizenship Regulations will also be amended to:

• allow citizenship application fees, and refund of citizenship application fees where appropriate, to be paid in foreign currencies and in foreign countries;

• ensure that subregulation 12A(7) accurately refers to the correct Instruments made under regulation 5.36 of the Migration Regulations 1994; and

• ensure that applicants are only refunded an amount equivalent to the test component charged at the time they applied for citizenship.

This Instrument will commence on 1 July 2016.