New changes to Partner Visa requirements have been introduced, which may significantly impact those that wish to lodge their Australian Partner Visa, whilst residing in Australia.
On 20 December 2018, the new Migration Amendment (Family Violence and Other Measures) Bill was passed through Parliament and approved by the government.
The Act requires Partner Visa Sponsors to be approved by the Department of Home Affairs, before the sponsoring partner and the visa applicant can proceed with their Partner Visa application. This means that couples will have to obtain separate approval of the sponsoring partner, prior to lodging their Partner Visa application.
Although the new law has been passed, it is yet to be confirmed as to when it will be implemented. The new bill must be received by the Governor General’s Royal assent before commencement. Only after the commencement of the act and the commencement of new Regulations, will the act come into effect.
Until further notice, partner visa applications will be lodged and assessed, according to the current Partner Visa application processes.
What does the current process look like?
As part of the Partner Permanent Residence criteria, applicants that apply for a Partner Visa must be sponsored by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Both the sponsoring partner and the visa applicant must submit their application, together, to the Department of Home Affairs.
Visa applicants that lodge valid partner visas can stay in Australia, even if their current visa expires, by obtaining a Bridging Visa A (BVA). The BVA allows the visa applicant to stay in Australia, whilst a decision is made in relation to the Partner Visa application. As a BVA holder, the applicant is also entitled to Medicare and full work rights.
What will the new process look like?
Under the new legislation, the sponsoring partner will have to lodge their sponsorship application and get it approved, before the Partner Visa application can be lodged. Once the sponsoring partner is approved, they will be subject to sponsorship obligations, which must be satisfied in order to avoid sanctions, or penalties. If these obligations are not met, then the sanctions placed on the sponsoring partner could result in the cancellation of Partner Visa Sponsorship. It may take a long time for a decision to be made on the sponsorship application, as current processing times are approximately 12 to 18 months.
The Migration Regulations has not yet prescribed new requirements for the Partner Visa Sponsor applications. The sponsorship obligations of the approved Partner Sponsor will not be known in full, until the specific details of the new requirements are drafted and published.
So, what does this mean for those applying for a partner visa?
Unfortunately, the new legislation has significant implications for couples wishing to lodge an Australian Partner Visa application. Partner visa applicants that wish to lodge a partner visa, but have limited time until their current visa expires, will be required to lodge another valid visa application that allows them to stay in Australia, otherwise they will have to depart Australia and stay overseas until their partner visa application is processed and approved.
The new legislation will also negatively impact the time it will take to process the Partner Visa application, which is already in excess of 20 months. It may also be more expensive for couples to lodge a Partner Visa application under the new legislation, as there are now two applications that must be processed, in order to receive Partner Visa approval.
Partner visa applicants will not be able to obtain a BVA until after a valid Partner visa application is lodged whilst in Australia.
Why are these new changes being implemented?
In recent years, the Australian government has announced a crackdown on family violence and are seeking to make changes to legislation that address this national problem. The government has publicly expressed concern over the prevalence of family violence in the Partner Visa and other family-oriented visas.
The nature of these visas can sometimes cause an imbalance in power between the sponsoring partner and the Visa applicant. There have been cases where visa applicants are being abused by their sponsoring partners, as well as cases where vulnerable Partner Sponsors are forced, either through financial, or other inducements, to sponsor Partner Visa applicants.
Under current legislation, sponsoring partners are required to provide Police Certificates as part of the Partner Visa application process. If the sponsoring partner is found to have a criminal record, that relates to family violence, or child sex offences, then their visa application may be refused.
The new Migration Amendment (Family Violence and Other Measures) Bill will be implemented as an additional cautionary measure to allow for the full assessment of possible sponsoring partners. Although, this new legislation may help combat family violence, it also comes at a high cost for all couples that wish to apply for their Partner Visa application.
What should I do?
It is more important than ever for couples, who are seeking to apply for a Partner Visa Application, to do so as soon as possible. No one knows when this new legislation will come into effect, so getting ahead of the change will increase your chances of obtaining Partner Visa approval and will ensure you are not subject to the new visa requirements. If you need assistance or advice, in relation to your Partner Visa Application, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 to book in your free consultation today!
