The law and sponsorship obligation for the Partner visa is changing. Have you lodged your Partner visa application?
As you may be aware, the ‘Migration Amendment (Family Violence and Other Measures) Bill 2016’ passed in the Senate on 28 November 2018 and will come into effect on 17 April 2019.
What Is the New Partner Visa Law
The following is the new Partner Visa law which will come into effect on 17 April 2019 and how the new law will affect you:
- Partner visa sponsorship application will be assessed separately from the visa application process – this means that you will need to wait for the sponsorship application to be approved first before you can lodge your visa application for the partner visa
- For those whose visa is expiring and those who are looking to lodge an onshore partner visa application – if you cannot lodge the visa application you will not be granted a bridging visa A to remain in Australia.
- If you don’t have a bridging visa A you will have to depart Australian before your visa expires and wait for the Partner visa Sponsorship application to be approved before lodging your Partner visa application
- Your Sponsor will be subject to legally binding Sponsorship obligations. This exposes the Sponsor to sanctions, for example, mandatory refusal to the sponsorship application, as well as, exposes the sponsor to cancellation and barring (e.g. meeting character requirements)
- The Department is authorized to release personal information to agencies in your home country and agencies in Australia, e.g. Tax Office, Centrelink, National Disabilities Scheme, etc.
You can read more about the amendment at Migration Amendment (Family Violence and Other Measures) Bill 2016.
What Are the Partner visa Sponsor Obligations
As the Sponsor of the Partner visa, you have the obligation to helping your partner and their children (who are granted the visa) by proving them with:
- Financial assistance
- English language courses, if required
- Other support such as child care, if required
Important to note: You can’t withdraw as a sponsor after the visa is granted. However, if you do not comply with the sponsor obligations, the Department of Home Affairs may cancel the visa.
What Should You Do
If you are looking to lodge a Partner visa, we advise lodging your application as soon as possible, in particular, those whose visa is expiring.
If you require assistance, you can book a consultation with our Immigration Lawyers and Migration Agents who will assess your eligibility and go through any important legislation and policies with you.
We also speak fluent English, Mandarin, Cantonese, Indonesian, Spanish, French and Malay. If these aren’t your language, we can also help you arrange an interpreter.