Monday, June 10, 2019

Partner visa sponsorship changes

What is the sponsorship process in partner visas? What are the changes to sponsored family visa? Can a sponsoring partner get a partner visa? When will the partner visa be changed?


Sponsors do need to be ‘approved’ and in being ‘approved’ they have to satisfy the sponsorship requirements but this is not a decision that is taken separate to the visa application. So guess what readers? Taking the time to actually read the legislation and the explanatory notes and analyse how they will work pays off.


This post is deliberately late because I didn’t want to be like every other migration agent out there writing a blog post scaring everyone into buying their services. See full list on partnervisaguide. A whole heap of changes were made to the Migration Act and the amendments were to the Family Migration Programme of which partner visas are a part of. But in reality, most of the changes relate to the parentcategory of visas – another subclass of visas that the Australian government have no problems squeezing money out of by jacking up the prices. The key to the Family Migration Programme is the concept of ‘sponsorship’.


Partner visa sponsorship changes

All family member visas are sponsored whether they’re tourists, parents or in our case partners and spouses. So the amendments were made to the requirements of sponsorship, namely around the sponsorship undertakings. Under the new sponsorship requirements, the sponsor must provide evidence that they will be and can be responsible for the visa applicant’s financial and accommodation needs. In a parent context you can imagine this is very important that the aged parent doesn’t require assistance from the Australian government, welfare and healthcare system. But if you dig deeper into the legislation and see what they have amended and said in regards to the sponsorship undertaking for partner visas, there is no separate sponsorship approval process.


In fact the sponsorship undertaking is considered dealt with when you tick the boxes in the application form that says ‘I agree to be responsible for my partner’s fi. The effect of this is that now the sponsor can be a reason for refusal of the visa, not just the applicant. It means that if the sponsor doesn’t fulfil the requirements of being a sponsor, the visa can be refused. Before these changes, the sponsor wasn’t looked at.


All the sponsor needed to be was Australian, older than and not currently married. With these changes, the sponsor has to undergo police checks if requeste and if the sponsor cannot provide for the financial and accommodation needs of the visa applicant for at least years after the grant of the visa, then that may be a reason to refuse the partner visa. These changes have been made as an increasing response to combat family violence. This also makes sense in the context of parent visas or other family visas.


The sponsor, mostly the adult children of overseas parents, will need to prove that they have enough money to support their ageing parent when they’re in Australia (to either visit or to stay for a longer period of time). If the adult children do not have the means to provide for their ageing parent, then the sponsorship undertaking has not been satisfied and therefore there is no need to consider the rest of the visa application. The case officer has made a decision that the sponsor is not eligible to sponsor and then will refuse the visa application based on that.


Partner visa sponsorship changes

This is what many migration agents have interpreted to mean a ‘separate approval process’ when in reality it just makes the sponsorship part of the application, the first to be looked at by the case officer. It merely changes the order in which the case officer looks at a partner visa application. Before, the emphasis was on the visa applicant to prove their case and the sponsor (the Australian partner) didn’t need to do much or provide much evidence that they are eligible sponsors. Going forwar the case officer will increasingly look at the eligibility of the sponsor to sponsor a foreign partner.


This is not a separate application that needs to be made but merely a decision that the case officer must make before they proceed to process the rest of the visa application. It is more like a change in the procedure for case officers and they now need to ask the following question: 1. Is the sponsor eligible to sponsor? If no, refuse the visa. I would say still try to get your applications in before June because we all know that price hikes happen around then.


Partner visa sponsorship changes

But in terms of these new sponsorship requirements, I wouldn’t be worrying too much about having to undergo a separate approval process because it doesn’t exist. My suggestion is to continue in an orderly fashion and don’t get scammed by migration agents who are pressuring you and scaring you into working with them. Once the Act commences, and the necessary associated Migration Regulations are drafte the changes are: 1. The government cites the reason for the legislation to be the improvement of the management of family violence in the delivery of the family visa program , and the protection of visa applicants and vulnerable sponsors. A minor change has been found in the online partner visa sponsorship application form. Proposed changes The Australian Government has announced its intention to introduce a new requirement applicable to sponsors, whereby the sponsorship will need to be approved before you can lodge your visa application.


Contrast this with the current system, whereby the visa and sponsorship applications are lodged at the same time. Partner Visa Sponsorship – Changes are coming!

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