Partner Visa Sponsorship – Migration Amendment (Family Violence & Other Measures) Bill

 

On 28 November 2018, the Australian Government approved the Migration Amendment (Family Violence and Other Measures) Bill. 

Under this Act, all Partner Visa sponsors are required to be approved by the Department of Home Affairs (Department) prior to a Partner Visa’s approval.

The purpose of this change is to improve the management of family violence within the family visa regime and advance the protection of visa applicants and vulnerable sponsors.

The Australia Government is aware of the ongoing concern of family violence and the ‘power imbalance’ that has been found between visa applicants and their sponsors.

 

Update – January 2022

 

The above-mentioned reforms to the Partner Visa program were announced as part of the 2020-21 Federal Budget.

These include introducing an English language requirement and applying the sponsorship framework set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 to the Partner Visa program.

The changes have previously been announced to commence in November 2021, however they have not yet been implemented.

 

What Does This Mean for You?

 

Once this legislation has been implemented, sponsorship applications must be lodged and approved prior to the lodgement of a Partner Visa application.

This will likely result in an additional application fee for the separate Partner Visa Sponsor application.

Further, in the event that a decision has not been made in relation to the Sponsorship Application and your current visa has expired, you may be required to leave Australia and apply offshore.

It is unclear as to the processing time for the Partner Visa Sponsor application, nevertheless this will increase the already lengthy application process.

Sponsors will now be more heavily scrutinised before a Partner Visa application can be submitted and later granted.

Given these changes, we highly recommend that you prepare your Partner Visa as soon as possible you meet the criteria set out by the Department to avoid any complications that may (likely) arise due to these changes.

 

Contact Us

 

For professional consultation on how the Migration Amendment (Family Violence & Other Measures) Bill affects Partner Visa Sponsorship, contact Bambrick Legal today:

Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – Family Violence Whilst on a Visa: What Are Your Options?

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