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Ben H

IMPORTANT: Partner visa changes - Commencing 17 April 2019

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Hi all,

Since the new rules come into effect on the 17th April and we now have to go through a sponsor approval first (which I dont mind that we are trying to stop violence). My question is once approved do we know if  our partner is able to come to Australia and have a bridging visa like before?

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5 minutes ago, Ben H said:

Hi all,

Since the new rules come into effect on the 17th April and we now have to go through a sponsor approval first (which I dont mind that we are trying to stop violence). My question is once approved do we know if  our partner is able to come to Australia and have a bridging visa like before?

Where is your source that the new sponsorship rules come into effect on the 17 April?

A bridging visa is granted where the person applies in Australia and the application is not decided before their current visa expires. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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2 minutes ago, flowerxpower said:

My migration agent just informed us too of the 17th of April. 

My question is, do they focus on the sponsor's income (if it's stable) or it's focusing more on the character?

My understanding is that its about preventing violence... "primarily aimed at safeguarding vulnerable family members, particularly children and married partners from their violent sponsors."

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Thanks to @Aussie_83 for sending this.

The Governor‑General today proclaimed that Schedule 1 of the Migration Amendment (Family Violence and Other Measures) Act 2018, would commence on 17 April 2019.

Schedule 1 of this Act amends the Migration Act to insert the new subsections related to the sponsored family visas and approval of family sponsors.

The new section 140AA(3)(a) requires the approval of persons as family sponsors before any relevant visa applications are made.

Source: Migration Institute of Australis


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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In my case, being on a prospective marriage that ends in June and wish to apply for a partner visa, if this sponsorship application is not approved in time I would have to depart the country.

Is there any estimation of how much time it would take to be looked at? Like a month or more? 

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27 minutes ago, flowerxpower said:

My migration agent just informed us too of the 17th of April. 

My question is, do they focus on the sponsor's income (if it's stable) or it's focusing more on the character?

There is still limited information on exactly what the pre-approval will entail.

15 minutes ago, flowerxpower said:

In my case, being on a prospective marriage that ends in June and wish to apply for a partner visa, if this sponsorship application is not approved in time I would have to depart the country.

Is there any estimation of how much time it would take to be looked at? Like a month or more? 

Hopefully we will have all the answers to these questions soon.

I have pinned this topic due to the significance of these important changes. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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7 minutes ago, AFV said:

There is still limited information on exactly what the pre-approval will entail.

Hopefully we will have all the answers to these questions soon.

I have pinned this topic due to the significance of these important changes. 

Thank you! We'll keep an eye on forum as we don't have too much time and need information asap.

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4 hours ago, AFV said:

The Governor‑General today proclaimed that Schedule 1 of the Migration Amendment (Family Violence and Other Measures) Act 2018, would commence on 17 April 2019.

Schedule 1 of this Act amends the Migration Act to insert the new subsections related to the sponsored family visas and approval of family sponsors.

The new section 140AA(3)(a) requires the approval of persons as family sponsors before any relevant visa applications are made.

Source: Migration Institute of Australis

What happens if you applied for the partner visa a few weeks ago and received the acknowledgment from Immi but have not been granted a bridging visa A yet?

Will the bridging visa be back-dated to the application?

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My migration agent confirmed me yesterday evening about the new law and asked me to gather all the necessary documents ASAP as I was planning on to apply within this week. Wish me luck so I can apply before the change comes into act.

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37 minutes ago, motocross74 said:

What happens if you applied for the partner visa a few weeks ago and received the acknowledgment from Immi but have not been granted a bridging visa A yet?

Will the bridging visa be back-dated to the application?

You have submitted a valid partner visa application already. The new changes don't therefore apply to you.

I have no idea what you mean in relation to your bridging visa being back-dated.


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On 4/9/2019 at 3:31 PM, flowerxpower said:

My migration agent just informed us too of the 17th of April. 

My question is, do they focus on the sponsor's income (if it's stable) or it's focusing more on the character?

My agent also assured me that the 17th is the date

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My migration agent just told me that:  .. the sponsorship process for partner visas and it will not be commencing on 17 April 2019. We still don't know when they will so just prepare everything. You don't need that much documentation though to submit, you can submit more documents after, I believe you can get it all sorted in maximum a week if the people are willing to help (like forms 888).

All the best!

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On 4/11/2019 at 5:00 AM, Rabbar said:

My agent also assured me that the 17th is the date

 

17 hours ago, flowerxpower said:

My migration agent just told me that:  .. the sponsorship process for partner visas and it will not be commencing on 17 April 2019. We still don't know when they will so just prepare everything. You don't need that much documentation though to submit, you can submit more documents after, I believe you can get it all sorted in maximum a week if the people are willing to help (like forms 888).

All the best!

Unfortunately there is still so much uncertainty here. I called the Department of Home Affairs yesterday in an attempt to find out whether the new sponsorship requirements will come into effect on the 17 April. They didn't know what I was talking about. Interestingly, I note from the Department's website that IMMI will be unavailable from 4am to 8am on Wednesday 17th April 2019. This suggests a change to the online applications to me.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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1 hour ago, Bridge said:

 

Unfortunately there is still so much uncertainty here. I called the Department of Home Affairs yesterday in an attempt to find out whether the new sponsorship requirements will come into effect on the 17 April. They didn't know what I was talking about. Interestingly, I note from the Department's website that IMMI will be unavailable from 4am to 8am on Wednesday 17th April 2019. This suggests a change to the online applications to me.

It will change but only to family visas as far as I understood. She told me in won't afect my visa (which is Partner).

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24 minutes ago, flowerxpower said:

It will change but only to family visas as far as I understood. She told me in won't afect my visa (which is Partner).

I'm not convinced. 

I submitted an onshore partner visa application yesterday. I immediately received the auto-generated acknowledgement that a valid partner visa application has been made. However I did not receive the acknowledgement of the Bridging Visa A which has always been previously generated at the same time. I then went to the Bridging Visas section on the current application and it is showing no that no Bridging Visas for this application have been granted.    


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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6 hours ago, AFV said:

I'm not convinced. 

I submitted an onshore partner visa application yesterday. I immediately received the auto-generated acknowledgement that a valid partner visa application has been made. However I did not receive the acknowledgement of the Bridging Visa A which has always been previously generated at the same time. I then went to the Bridging Visas section on the current application and it is showing no that no Bridging Visas for this application have been granted.    

I really need that bridging visa while my Partner visa is decided, hope they won't play with bridging visas aswell. Didn't submit yet. Will update when. Hope everything goes well.

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6 minutes ago, flowerxpower said:

I really need that bridging visa while my Partner visa is decided, hope they won't play with bridging visas as well. Didn't submit yet. Will update when. Hope everything goes well.

I submitted two applications this week, both subclass 820 onshore partner visas. One was from PMV > 820 and the Bridging Visa was granted straight away. The other from subclass 600 visitor to 820 and no Bridging Visa granted (haven't seen this before). The difference between the two is that the first (PMV to 820) the sponsor has already been approved for the original PMV application. It may just be a glitch, but with so much uncertainty, who knows. 

When are you submitting your application? Let me know how you go with the Bridging Visa A. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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8 hours ago, AFV said:

I submitted two applications this week, both subclass 820 onshore partner visas. One was from PMV > 820 and the Bridging Visa was granted straight away. The other from subclass 600 visitor to 820 and no Bridging Visa granted (haven't seen this before). The difference between the two is that the first (PMV to 820) the sponsor has already been approved for the original PMV application. It may just be a glitch, but with so much uncertainty, who knows. 

When are you submitting your application? Let me know how you go with the Bridging Visa A. 

That is incredibly worrying. Could anyone with info please keep us updated on the bridging visa. I, like so many others, am really relying on that visa being issued.

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20 hours ago, AFV said:

I'm not convinced. 

I submitted an onshore partner visa application yesterday. I immediately received the auto-generated acknowledgement that a valid partner visa application has been made. However I did not receive the acknowledgement of the Bridging Visa A which has always been previously generated at the same time. I then went to the Bridging Visas section on the current application and it is showing no that no Bridging Visas for this application have been granted.    

I have seen this elsewhere;

The separate sponsorship framework will first be implemented in the new Sponsored Parent (Temporary) visa which will be open for sponsorship applications from 17 April 2019.

Further regulation and system changes are required for the new framework to apply to other 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.

Source: Migration Institute of Australia

 

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