Pursuant to changes that have come into effect on 14 September 2009 to the Migration Regulations, a person who has been refused a substantive visa onshore in Australia or a visa cancelled in Australia, subject to satisfying certain requirements, can apply for a posse visa onshore in Australia.
The applicant must not have been refused or had a visa cancelled for character breaches under section 501 of the Migration Act 1958 (Commonwealth).
Further the visa applicant must not have been refused any of the spouse or interdependency class visas since last entering Australia.
Apart from other documentary evidence with the form 47SP, the visa applicant must provide a form 40SP from an Australian citizen, Australian permanent resident or eligible New Zealand citizen being the spouse, defacto partner or interdependent partner of the applicant as well as 2 Statutory Declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizen who are not the partner of the visa applicant but who declare that the visa applicant and the partner are in a married relationship or in a defacto relationship as the situation is. Similarly a dependent child of a person affected by a refusal of a substantive visa other than a spouse type can also apply on the same basis.
If you wish to find out more about this issue please contact Peter Chandra on 02 9495 9437 or by email migration@lac.com.au