Partners Sponsor to apply for Sponsorship Before Partner Application.
In 2018 the Australian government introduced a new requirement for those sponsoring their spouses for a partner visa.
The Migration Amendment (Family Violence and Other Measures) Bill 2016 was passed by the Senate on Wednesday 28th November 2018.
This bill was given Royal assent on 10th December 2018.
It is predicted that predict that the changes will come into effect sometime before June 2019. (As at 31st January 2019, it is not yet in effect)
Partner Visa Sponsor Update April 2019.
The Effective Date was expected to be 17th April 2019, and would affect any new onshore partner, offshore partner and prospective marriage visa applications lodged from that date.
However, the changes on that date are only for the new Parent Visa, and current arrangements for existing visas, including partner visas, will continue to operate from 17 April 2019.
Existing applications that are already lodged in the system will not be affected.
Is there a fee for this application? We do not know.
How long will this extra process take? We do not know.
Any applications, after the date it comes into effect, will require the Sponsor Application first.
The change will make it harder for people with a history of domestic violence to sponsor a partner visa.
The main change will be that the sponsor will be checked before an application for a partner visa will be accepted.
Under existing rules, the non-Australian partner makes a Visa application, and then the sponsor makes their application afterwards.
The new system will be that the Sponsor, the Australian or Australian Permanent Resident, will make their sponsoring application first, and only after being accepted, can the applicant make their application.
If the sponsor has been charged with, or convicted of, a registrable offence, the sponsorship will be refused unless no conviction is recorded or set aside.
Summary of Migration Amendment (Family Violence and Other Measures) Bill 2016.
Amends the Migration Act 1958 to establish a sponsorship framework for the sponsored family visa program to:
- separate sponsorship assessment from the visa application process for family sponsored visas;
- require the approval of persons as family sponsors before any relevant visa applications are made;
- impose statutory obligations on persons who are or were approved as family sponsors and provide for sanctions if those obligations are not satisfied;
- facilitate the sharing of personal information between parties identified in a sponsorship application;
- enable the refusal of a sponsorship application and the cancellation or barring of a family sponsor in certain circumstances;
- enable the regulations to prescribe details for, and in relation to, the operation of the sponsorship framework;
- and make consequential amendments.
History of Migration Amendment (Family Violence and Other Measures) Bill 2016.
House of Representatives
1 September 2016 Introduced and read a first time
1 September 2016 Second reading moved
10 October 2016 Second reading debate
10 October 2016 Second reading agreed to
10 October 2016 Third reading agreed to
Senate
10 October 2016 Introduced and read a first time
10 October 2016 Second reading moved
16 October 2017 Second reading debate
27 November 2018 Second reading debate
27 November 2018 Amendment details: Government agreed to
28 November 2018 Amendment details: Government agreed to
28 November 2018 Third reading agreed to
House of Representatives:
28 November 2018 House agreed to Senate amendments
Senate
28 November 2018 Finally passed both Houses
Assent
10 December 2018 Assent: Act no: 162 Year: 2018
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