(An update from Immigration received just hours ago on 12 April 2019)
The Partner Visa Changes are not yet taking effect this 17th April 2019 and they have extended the timeframe that this will occur. We will let you know as soon as we have the new effective date from Immigration.
“Further regulation and system changes are required for the new framework to apply to (partner) visas. At this stage, there is no timeframe for expansion of the new sponsorship framework to other family visas and therefore the current arrangements for existing visas, including partner visas, will continue to operate from 17 April 2019.”
(Edited 9 April 2019)
After about 2 years of rumors and speculations, we now have a clearer and definite direction from the Australian Immigration regarding the law changes affecting Partner Visa Applications (and other family visas).
The Law (for those who crave to read it)
- Legislative Instrument: F2019N00035 – Migration Amendment (Family Violence and Other Measures) Commencement Proclamation 2019.
Migration Amendment (Family Violence and Other Measures) Act 2018
Summary
Starting from 17 April 2019, before a person can apply for a relevant Family Sponsored Visas (including Partner Visa), the sponsor must have been approved as a family sponsor first.
During the sponsorship application processing, the sponsor will be assess for their eligibility and if they are restrained by any sponsorship limitation or adverse information. This change was made in response to the high number of family violence under the family visa program in the past.
(Edited July 2018)
Update for Australian Partner Visa July 2018!
Till today, there has been no law changes in regards to the Australian Partner Visa. Despite being proposed by the Australian Government, these laws are still in pending and has not yet come into effect! Thus, lodge your applications in with our agent right now to avoid any unfavourable changes in the near future!
(Original Post on 29 June 2017)
Many of us may have heard rumours about the change in the process of lodging an Australian Partner Visa application. This is because it is a change that the Australian Immigration has been trying to make. However, changing the law requires many steps before it can be approved and a new law can be introduced.
Earlier in 2017, the Australian Government has announced many outrages and sudden changes to the law relating to Australian migration system. However, not all have been properly approved by the parliament yet, like the new citizenship requirements.
What is the new possible change to the Australian Partner Visa process?
- The Australian Partner is to lodge a Partner Sponsorship Application and wait for its approval
- Upon the approval of the Partner Sponsorship, the visa applicant can then lodge the Partner Visa Application
What is the current process of applying for an Australian Visa now?
- In the past, many partners and spouse of Australian citizens or permanent residents arrive in Australia on a Visitor Visa, Student Visa or other Temporary Visas.
- If their current visas do not have the “no further stay” condition, then they can lodge a Partner Visa while still in Australia.
- This entitles them to be granted a Bridging Visa A which allows them to stay in Australia while waiting for the Partner Visa decision.
- Note: An Australian Partner Visa can also be applied for outside of Australia
How does this impact future Partner Visa Applications?
- Bridging Visa A
Example A: Sakura is on a Visitor Visa (Subclass 600) without the “no further stay” condition and it expires in 2 weeks. She married Samuel, an Australian citizen last month. She would like to apply for a Partner Visa in Australia and hopes to receive a Bridging Visa A to be able to stay in Australia. HOWEVER, after the new Australian Partner Visa process is in effect, Samuel’s Partner Sponsorship Application has be to lodged and approved first. This is likely to take more than 2 weeks. Sakura will have to depart Australia before her Visitor Visa expires. She could also apply for another Visitor Visa in Australia but the grant is not guaranteed.
- Visitor Visa
Example B: Pim married Peter, an Australian Citizen, in Thailand last month. Peter has to return to Australia to work next week. Pim and Peter want to lodge Pim’s Partner Visa in Australia so they can stay in Australia together while waiting for Immigration’s decision on Pim’s Partner Visa. They knew that Pim needs to apply for a Visitor Visa first to go to Australia. In the preparation to apply for a Partner Visa, Peter submitted the Partner Sponsorship Application to the Australian Immigration. When Pim applied for her Visitor Visa, it was refused because Immigration claimed that she did not have a genuine intention for a temporary visit as they knew about Peter’s Partner Sponsorship application.
When will these changes come into effect? (see changes above)
Rumors were told that these changes will come into effect on the 1st July 2017. However, through Immigration’s conferences and communication with Registered Migration Agents in Australia and Migration Institute of Australia which Anna Molina (MARN 1461034) is a part of, we were told a news update that these changes will not come into effect on the 1st of July 2017 yet as they are still waiting on the new law to be drafted.
It is possible that this will be completed later in 2017 or in 2018.
What should I do if I want to apply for an Australian Partner visa?
Although there are many information available on the internet and forums, due to rapid changes in the Australian Migration laws, it is best to seek consultation from a Registered Migration Agent (check an agent’s registration www.mara.gov.au). After all, the Partner Visa Application fee is increasing from $7,160AUD on the 1st of July 2019 (Edited). No one wants to take that kind of risk based on what someone else said 2 months or 1 year ago.
Follow our Facebook page at: www.facebook.com/sophosmigration, or contact Anna Molina (MARN 1461034) at +61401543995 or LINE ID: annabenjung.
#PartnerVisa #Eng #migrationlawupdate
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