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Ben H

IMPORTANT: Partner visa changes - Commencing 17 April 2019

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On 4/9/2019 at 3:35 PM, Ben H said:

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

Protection of children measures were introduced on 27 March 2010 to ensure that minor visa applicants (MVAs) seeking to enter Australia on a Partner or Child visa are protected from being sponsored by people with convictions for child sex offences or other serious offences indicating that they might pose a significant risk to a child in their care.

From memory, from Nov 2016 a person may not be approved to sponsor his/her partner if they are being charged with a registrable offence or convicted of a registrable offence.

1 of the reasons for wanting to have the sponsorship approved 1st is to prevent the partner visa applicant from coming to Australia on a visitor visa and then apply for a partner visa. Currently, if the partner enters Australia on a visitor visa, if s/he has a visitor visa that does not have a No Further Stay condition, they will be granted a bridging visa allowing them to stay until a final decision is made on their partner visa application.

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4 hours ago, KMT said:

Protection of children measures were introduced on 27 March 2010 to ensure that minor visa applicants (MVAs) seeking to enter Australia on a Partner or Child visa are protected from being sponsored by people with convictions for child sex offences or other serious offences indicating that they might pose a significant risk to a child in their care.

From memory, from Nov 2016 a person may not be approved to sponsor his/her partner if they are being charged with a registrable offence or convicted of a registrable offence.

1 of the reasons for wanting to have the sponsorship approved 1st is to prevent the partner visa applicant from coming to Australia on a visitor visa and then apply for a partner visa. Currently, if the partner enters Australia on a visitor visa, if s/he has a visitor visa that does not have a No Further Stay condition, they will be granted a bridging visa allowing them to stay until a final decision is made on their partner visa application.

The Migration Act and Regulations make no mention of a registrable offence. 

For a sponsorship to be not approved on character grounds, the sponsor must have been convicted of  a relevant offence, and that relevant offence must amount to a significant criminal record which requires the person to have been imprisoned for 12 months or more.


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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On 5/26/2019 at 5:04 AM, KMT said:

1 of the reasons for wanting to have the sponsorship approved 1st is to prevent the partner visa applicant from coming to Australia on a visitor visa and then apply for a partner visa. Currently, if the partner enters Australia on a visitor visa, if s/he has a visitor visa that does not have a No Further Stay condition, they will be granted a bridging visa allowing them to stay until a final decision is made on their partner visa application.

Incorrect, and you are confusing several separate situations and regulations.  

An initial or any General VV does not require a sponsor or sponsor approval, the risk assessment for persons and Minors visiting on a VV is a different process.  The new requirements for sponsors applies to partner migration visa's, and is  to reduce the risk and to improve the safety of migrating partners and their children from the risks of domestic violence once they have arrived in Australia.  

The eligibility for an onshore Partner Visa application, is dependent on a 8503 not being applied to the applicants current visa (VV or otherwise), and is unrelated to the potential sponsors approval.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 4/13/2019 at 2:27 PM, 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.

There have been IMMI system upgrade issues, hence delays. 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 5/19/2019 at 8:57 AM, 2jzrz said:

Is it possible it may not be implemented at all or is it a change which will come into effect automatically upon a date passing?

 

On 5/19/2019 at 9:07 AM, Aussie_83 said:

Yeah it's already passed parking so it kicks in 6 months after if not before

In regards the the 820 spouse visa changes..

My understanding is this change will automatically change in June regardless of if it's been changed over prior to June. Is this correct?

We are looking to lodge our application early next week through an Agent and they told us there's no need to worry about the changes as "they" had not had any updates from IMMI regarding the changes?

That's all well and good but IF these changes are automatic after a certain date in June why would IMMI alert migration agents anyways?
Should we be worried about getting our application lodged before the change or can we take the Agents word and not worry?

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11 hours ago, Jess D said:

Does any one know when the new rules on sponsor approval for partner visa will be in effect? 

Nothing formal yet.

"In the fullness of time, after all the proclivities have been duly consummated"

So the message is, get your application in ASAP.

 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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Does anyone can you get your partner approved to be a sponsor before paying the fee for the visa,it’s just my partner (Aussie) is a student and I am afraid we won’t be approved due to him not been able to “support me financially”

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12 hours ago, Jackie said:

Does this apply to Prospective Marriage Visa?

For starters that information is wrong. The new sponsorship requirements are not in force yet.

The will however apply to all family visas, which includes prospective marriage visas.


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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On 7/23/2019 at 10:16 AM, AFV said:

For starters that information is wrong. The new sponsorship requirements are not in force yet.

The will however apply to all family visas, which includes prospective marriage visas.

I tried searching on the website and I couldn't find the information as well.

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I have heard nothing.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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thanks!!

I spoke to One migration agent in Sydney who said to me that between migration agents talking between themselves/colleagues etc it could be in November this year? but How would they know just talking amognst themselves, I didnt trust the source

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This is for everyone who is searching for correct information about the sponsor after the update in April 2019.

I was very worried about the sponsor thing but after my own research, I was relieved.

 

You do your Partner visa application 820/801, you submit and pay for it and then your partner does his/her sponsor application. 

 

My source is from the Immi website and what the say is the rule, don't trust an immigration lawyer or whoever tells you differently. (I'm not saying, don't trust them at all, I'm just saying there is a lot of misleading information on the internet about this topic. They tell you that you have to upload the sponsor first etc. and this is simply wrong.)

I attached a screenshot as proof. 

 

For any other questions, you can simply go to the Immi website and most of the steps are shown there, they tell you what you need, what you have to do and if you have any other questions they haven't written down on their website, then you simply can call them! They are very nice and helpful. 

There number for help: 131 881

 

 

 

they 

71408092_Screenshot(38).thumb.png.6a16da64f499b642b6e32148f21bf9f3.png

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1 hour ago, Florian said:

This is for everyone who is searching for correct information about the sponsor after the update in April 2019.

I was very worried about the sponsor thing but after my own research, I was relieved.

 

You do your Partner visa application 820/801, you submit and pay for it and then your partner does his/her sponsor application. 

 

My source is from the Immi website and what the say is the rule, don't trust an immigration lawyer or whoever tells you differently. (I'm not saying, don't trust them at all, I'm just saying there is a lot of misleading information on the internet about this topic. They tell you that you have to upload the sponsor first etc. and this is simply wrong.)

I attached a screenshot as proof. 

 

For any other questions, you can simply go to the Immi website and most of the steps are shown there, they tell you what you need, what you have to do and if you have any other questions they haven't written down on their website, then you simply can call them! They are very nice and helpful. 

There number for help: 131 881

 

 

 

they 

71408092_Screenshot(38).thumb.png.6a16da64f499b642b6e32148f21bf9f3.png

As has been mentioned many times on here the changes haven't gone through, it isn't agents trying to scare people there have been changes approved in Parliament and the changes are coming just no one can say when.

At the time of the start of this thread the April start was the official start date however they had to change it.

Also just FYI the website is pretty good but not always accurate as with calling them, the people on the phone are great and try their best to help but they honestly aren't qualified and despite their intentions do give out incorrect info which has in some cases ruined people's chances of visas.

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Just came across this update to Partner Visa's and thought I would share. As it mentions though - no dates have been made for when the following will come into effect.

 

1. The Australian Government has made an additional 77,300 Family Stream visa places available for the 2020/2021 financial year including Partner visas, Child visas and Parent visas.
 
2. The Department of Home Affairs will be prioritizing onshore subclass 820/801 Partner visa applications where both the applicant and the sponsor live in “Regional” Australia.
 
3. The Australian Government will be implementing its long-awaited changes to the Partner visa process. This means that the mandatory family sponsorship provisions for Partner visas will be brought into force, requiring character checks and sharing of personal information with the applicant, and enforceable sponsorship obligations. This means that the sponsorship application will need to be submitted first. Only when the sponsorship application has been approved, will the visa applicant be able to submit his or her Partner visa application. Depending on how long the sponsorship application takes to process, this could cause problems if the Partner visa applicant is in Australia and his/her visa is close to expiry. At this stage, no timetable is released for the introduction of these changes.
 
4. The Australian Government is intending to introduce English language requirements for Partner visa applicants and their Australian permanent resident sponsor. At this stage, no final information about the timing of this change and what the required level of English will be or if there will be the possibility of paying a second visa application charge in the event that either the sponsor or the Partner visa applicant does not meet the English language requirement.

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