New changes to the requirements of Partner visas have been introduced, which might remarkably impact the applicants who wish to apply for an Australian Partner visa while being in Australia. On 20 December of 2018, the new amendment of migration (violence of family and other measures) bill was approved by the government after being passed by the parliament. The act needed sponsors of a partner visa to be approved by the Home affairs department before the partner of the sponsor and the applicant of visa could go ahead with the application of a Partner visa. This implies that couples would have to get a separate type of approval of the partner of a sponsor before applying the application of a partner visa subclass 300.
The new law passed yet to be confirmed about the time of implementation. The new bill needs the assent of Governor General’s royal before commencement. The act would come into effect only after the commencement. Until then the application of partner visa would be assessed and lodged as per the current process of Partner visa application.
What does the present processes look like?
As part of the criteria of Partner Permanent residence, the applicants who would apply for the Partner visa must get sponsorship of the citizen of Australia, a permanent resident of Australia or an eligible citizen of New Zealand. Both the applicant of visa and the partner of sponsor must submit their respective application at the same time to the Home Affairs department. Applicants of visa that apply for a valid visa of a partner could live in Australia even their present visa expires. This is possible by obtaining a BVA (Bridging visa A). it permits the application of a visa to live in Australia while a decision is made in connection to the application of a Partner visa. As the holder of BVA, the applicant of visa is also eligible for the rights of full work and Medicare. or you can take more info from any registered immigration agent.
What would the new process look like?
As per the new legislation, the partner of the sponsor would have to apply their application of sponsorship and get the approval prior to the application of partner Visa could be lodged. Once the partner of sponsor receives approval then they would be subject to the obligation of sponsorship, which must be fulfilled for neglecting penalties or sanctions. If the above-mentioned obligation is not fulfilled then the placed sanction on the partner of sponsor could lead to rejection of sponsorship of Partner visa. It might take a long time for making a decision on the application of sponsorship as times of current processing are near about one and half year.
The regulation of migration has not prescribed yet about the new requirement for the application of a partner visa sponsor. The obligation of sponsorship regarding the approved sponsor of a partner would not be known entirely until the particular details of the current requirements are published and drafted.
What does this imply for those applying for a partner visa?
The new form of legislation has remarkable implications for couples wishing to apply an application of an Australian partner visa. Applicants of partner visa that tends to lodge a visa for a partner but comprised of a limited period of time until the expiry of present visa would be needed to lodge other application of visa that permits them to live in Australia. They would have to leave Australia until their application of a partner visa is approved and processed.
The new form of legislation would also impact negatively the period of time it would take for processing the application of a Partner visa which would already be crossing more than 2 years. It might also be expensive more for a couple for lodging an application of partner visas under the new form of legislation. There would be now two types of applications that would be processed for receiving the approval of Partner Visa. Applicants of partner visas would not be able to get a BVA until the applicants applied for a Partner visa while being in Australia.
Implementation of new changes reason
In the present years, the government of Australia has started a crackdown on the violence of family and is trying to alter legislation for addressing the national type of issues. The government has expressed concerned publicly over the family violence prevalence in the visa of partner and another family oriented type.
The features of this visa could sometime lead to a power imbalance between the applicant of visa and sponsoring partner. There exist cases where applicants of visas have abused the partners of a sponsor. This could be either inducement or financial. Under present legislation, the partner of a sponsor is needed to give certificates of police as part of the process of application of Partner Visa. If the partner of sponsor were identified to have a record of the criminal type that connects to the violence of family then their application of visa would be refused.