Latest Update On Partner Visa Law Changes
If you are in a relationship with an Australian citizen or permanent resident and would like to apply for the Partner visa, we urge you to apply as soon as possible. The new Partner visa law changes will come into effect next year.
The changes to the partner visa legal requirements came through following the announcement of the Federal Budget 2020/2021.
Migration Planning Level for the Partner Visa
As opposed to traditionally focusing on skilled migration, the Government will be placing an emphasis on the family stream visas by increasing the migration program planning level from 47,732 to 77,300 for 2020-2021.
Out of the 77,300 places, 72,300 places will be for Partner visas.
English Language Requirements for Partner Visa Applicants and Sponsors
The new Partner visa law changes will require both the sponsor and applicant to meet the English language requirement. This can be in the form of an English language examination or completion of certain qualifications in English. Both the Applicant and Sponsor must demonstrate a functional level of English or have at least made reasonable efforts to learn English.
Two-Step Processing for the Partner Visa Application
The “2-step process” for the partner visa program announced in 2018 will also be implemented. This is where the sponsorship application will need to be approved first before the visa application can be lodged.
Sponsors (i.e. the Australian spouse/partner) must demonstrate functional English before the sponsorship application can be approved.
If you are the Partner visa applicant, it will affect you in the following ways:
Partner visa sponsorship application will be assessed separately from the visa application – this means that you will need to lodge the sponsorship application first and wait for the sponsorship application to be approved before you can lodge your visa application.
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 do not hold a Bridging visa A (BVA) you will have to leave Australia before your current visa expires and wait for the partner visa sponsorship application to be approved first before you can lodge your partner visa application. However, even if your sponsorship application is granted, due to border closure, you will need to request for travel exemption to enter Australia (which is not guaranteed to be approved).
Partner Visa Sponsors to Declare and Consent to Department Disclosing Conviction(s)
If you are the Sponsor for the Partner visa application you are now required to declare:
That you have read and understood the information about reducing violence in the community; and
You consent to the Department disclosing their convictions to the applicant(s).
Priority Processing for Applicants in Designated Regional Area
There will be a continued emphasis on attracting migrants to designated regional areas of Australia. Processing will be prioritized for visa applicants where the relevant sponsor resides in a designated regional area.
How Can Agape Henry Crux Help
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.
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.