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SPOUSE VISAS OR PARTNER VISAS SYDNEY

Significant changes to onshore partner applications to take effect by the end of 2021

WHAT ARE THE CHANGES IN THE LAW?

On 28 November 2018, the Migration Amendment (Family Violence and Other Measures) Act 2018 passed both Houses of Parliament. On 10 December 2018, the Act received Royal Assent. At this time this Act has not yet come into effect, but the Minister has confirmed, in a press release of Wednesday 13 October 2021, that the changes to the Partner visa framework and English language requirement will come into effect in late 2021. The changes are advised to apply only to new applications.

This Act that will bring into effect, amongst other requirements, that partner sponsorship applications must be approved before the partner visa applications can be lodged. The Minister has not provided any estimates of how long approval of the sponsorship will take meaning your visa may expire before you can make partner visa application which, creates significant legal complications, and therein costs to your application.

If you have been planning to lodge a partner visa application onshore and are worried you don’t have enough evidence to lodge immediately you should not delay and contact us immediately for a consultation.

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Skilled Independent Subclass 189

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Skilled Nominated Subclass 190

1Skilled-Regional-Provision

Skilled Regional Provisional Subclass 489

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Skilled Regional Subclass 887

1Graduate-Temporary-Subclas

Graduate Temporary Subclass 485

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491 Visa

WHAT IMPACT DOES THAT HAVE ON MY VISA PROCESSING?

Offshore Visas
Once the new changes are in place, offshore visa applications are likely to take significantly longer to process. While is unclear how long the decision process of the sponsorship application will take, current process times are approximately 12 to 18 months. Therefore, processing times for an offshore sponsorship and partner visa can could potentially extend to over three years.

Onshore Visas
The new changes prevent onshore applicants from remaining in Australia during the processing of the sponsorship application, unless they have a substantive visa sufficient in time to cover the processing period, as they will not be able to lodge the onshore application and thereby obtain a bridging visa to remain lawfully in Australia.

Applicants who visit Australia on short-term visas may not be able to lodge applications onshore as the sponsorship application may not be approved before their visa expires.

If the applicant is forced to depart and lodge the partner visa outside of Australia, they will be required to remain outside of Australia until the Partner Visa is granted.

In short, these impeding changes significantly affect the ability of people to lodge partner visas in Australia as –

people in Australia without visas will not be able to validly lodge a partner visa in Australia and must depart Australia to lodge , and people on visas in Australia that expire before sponsorship approval will also have to depart and lodge the partner visa application offshore.

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ABOUT THIS VISA

If you have the following connections with an Australian citizen, permanent resident or eligible New Zealand citizen, then your partner may sponsor you for migration to Australia:

  • Married to;
  • Engaged to;
  • Living in a de facto relationship

The main partner visa options are as follows:

PARTNER VISA

This visa type is for people who are married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. To qualify for a spouse visa on de facto grounds, you must in general show that you have lived with your partner for a period of at least 12 months prior to applying. The spouse visa application leads to permanent residence, and is generally in two stages – first a temporary spouse visa is granted, then a permanent spouse visa approximately 2 years after lodgement.

PROSPECTIVE SPOUSE VISA (FIANCE VISA)

This visa type (also known as Fiance Visa) is a 9-month temporary visa which allows applicants to travel to Australia to marry their Australian partner. After getting married, it is advised to apply for a partner visa to obtain permanent residence.

INTERDEPENDENCY VISA

From 1 July 2009, same-sex partners who are either living together or have their relationship registered in an Australian state or territory may apply for a partner visa.

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Turner Coulson Immigration Lawyers?

Partner Visas can be refused for a number of reasons. The Partner Visas application also has strict criteria which all must be met and only very limited waiver provisions for age, English language and skill requirements exist.

It is essential that the visa application is assessed, structured and lodged in a way to satisfy all applicable DIBP law and policy. Turner Coulson has years of experience working with ENS visas handling the most complex cases and achieving positive outcomes in circumstances where the applicant would have failed if we were not involved.

BOOK A CONSULTATION
We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.

What to do next and how to apply?

Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.

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