Changes to partner visa (subclass 820/801, subclass 309/100), marriage visa (visa 300)

[Working Visa]

DIBP is under massive political pressure to come up with swift changes to partner visa (subclass 820/801, subclass 309/100), marriage visa (visa 300).

It is expected that changes will be very sudden and allow for no grandfathering effects. Changes will be launched UNEXPECTEDLY the same as what has happened to visa 457.

Visa processing will be split into two stages. One happens after another, i. e. the sponsor must lodge sponsorship application first and this application must be approved by DIBP before the partner visa application can be lodged. Stricter conditions may apply such as annual income, age, health, police check, etc. Processing time may be up to 4 years from the lodgement of sponsorship application. Fees will increase significantly.

http://transitiontopr.blogspot.com.au/2017/04/change-to-partner-visa-and-marriage-visa.html

[Guest]

The blog link says the same as you've posted here. 

Is it your own site you link to? Is there anything else to support your post here? Official links? News story outside of a blog post? 

 

 

[Working Visa]

http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A"legislation%2Fems%2Fr5688_ems_5d16012a-632e-4774-bf7e-c97b4e6032d9"

[Guest]

OK I found 2 links. The second one which says about possible changes makes no mention of the 4 years you write about, nor the big increase in fees. I do wonder if a financial aspect will play more of a part should they change the partner/PMV visa.

http://www.sbs.com.au/yourlanguage/punjabi/en/article/2017/02/27/government-urged-plug-partner-visa-loopholes

And this site (link to website) said

'One of the most significant changes in migration legislation in 2017 will most likely be the change to the concept of sponsorship for family visas.  While it has been a requirement for there to be a sponsor when applying for a partner, parent, child or other family visa, the process has been part of the visa application.  The sponsorship form is included with the visa application and it is assessed as part of the visa assessment.  This will change soon with the first change occurring on 1 July 2017 with applications for partner visas.

From this date, sponsors of partner visas will be required to apply for and be approved as a sponsor before the visa application is lodged.  If the sponsor is found to not be of good character for example (it is not clear what the character test will involve as yet), then the sponsorship will be refused and the visa application will not be able to be made.

There will also be obligations on the sponsor to notify of any changes in circumstances and failure to do this will most likely result in penalties. 

Given that the new arrangement will mean a delay in applying for a partner visa, we suggest that if you are considering applying for a partner visa and you are eligible now, you might like to get the process going before 1 July 2017. '

 

[Mark Northam]

My biggest concern about these proposed changes is that if an applicant is named in a sponsorship application (for a partner visa) and the applicant is offshore and planning on coming to Australia on a visitor visa to lodge an onshore partner visa, what would that sponsorship application do to the applicant's chances of being granted a visitor visa (for tourism purposes)? If an applicant was already onshore on a 3-month visitor visa stay and there is a sponsorship application requirement introduced, it could potentially delay the application by the applicant past the 3-month mark - if the applicant then went offshore and re-entered Australia if their visitor visa was a multiple-entry visa, could designation on a partner sponsor application then cause the applicant not to be allowed to re-enter Australia due to an intention to lodge a permanent visa onshore when allowed to do so?

The added delay and cost to partner visa applicants is also an issue - this visa has seen a HUGE increase in visa application fees over the last few years, and at some point the application fee will be seen as punitive. And in terms of character, I can understand the concerns re: sponsors with criminal records sponsoring young children dependents of their proposed partners, but to what extent will character issues with sponsors result in their inability to sponsor their own partner? Given the introduction of highly sensitive character-related provisions, such as where a visa can be cancelled if the applicant is deemed a threat to "the health, safety or good order of the Australian community or a segment of the Australian community; or the health or safety of an individual or individuals" (Section 116(1)(e) of the Migration Act 1958 (Cth) dealing with cancellation powers).

And what of family violence claims against sponsors on previous application(s) that are upheld yet the sponsor is given no opportunity to contest the claims or provide evidence the claims are false? How would it be fair or reasonable to penalise a sponsor based on such a one-sided decision making process with no natural justice provided to the sponsor to comment on adverse information given to the Department?

Lots of questions, few answers so far, lots to look forward to this year!

Best,

Mark Northam

[Nemesis]

8 hours ago, Mark Northam said:

My biggest concern about these proposed changes is that if an applicant is named in a sponsorship application (for a partner visa) and the applicant is offshore and planning on coming to Australia on a visitor visa to lodge an onshore partner visa, what would that sponsorship application do to the applicant's chances of being granted a visitor visa (for tourism purposes)? If an applicant was already onshore on a 3-month visitor visa stay and there is a sponsorship application requirement introduced, it could potentially delay the application by the applicant past the 3-month mark - if the applicant then went offshore and re-entered Australia if their visitor visa was a multiple-entry visa, could designation on a partner sponsor application then cause the applicant not to be allowed to re-enter Australia due to an intention to lodge a permanent visa onshore when allowed to do so?

The added delay and cost to partner visa applicants is also an issue - this visa has seen a HUGE increase in visa application fees over the last few years, and at some point the application fee will be seen as punitive. And in terms of character, I can understand the concerns re: sponsors with criminal records sponsoring young children dependents of their proposed partners, but to what extent will character issues with sponsors result in their inability to sponsor their own partner? Given the introduction of highly sensitive character-related provisions, such as where a visa can be cancelled if the applicant is deemed a threat to "the health, safety or good order of the Australian community or a segment of the Australian community; or the health or safety of an individual or individuals" (Section 116(1)(e) of the Migration Act 1958 (Cth) dealing with cancellation powers).

And what of family violence claims against sponsors on previous application(s) that are upheld yet the sponsor is given no opportunity to contest the claims or provide evidence the claims are false? How would it be fair or reasonable to penalise a sponsor based on such a one-sided decision making process with no natural justice provided to the sponsor to comment on adverse information given to the Department?

Lots of questions, few answers so far, lots to look forward to this year!

Best,

Mark Northam

So, Mark, do you anticipate a timeline of 4 years plus another huge fee hike, as above?

[Beffers]

I'd be very surprised if they hike the fee up anymore, 309/100s already pay almost $7000 plus health and police checks on top, as well as police checks for the sponsor for every country they've lived in, but you never know I guess. 

 

I could see them assessing the whole bridging visa system, and the onshore/offshore differences. 

 

There's lots of ways they could tighten up on the whole program though. Will be interesting to see how this one pans out!!

Edited May 1, 2017 by Beffers

[EdAndCass]

I've just seen this topic, is there any further news on it? I am applying for an 801/820 from a PMV subclass 300 next month after I get married on 25/06/2017. Will this affect me? I am earning significantly more than my partner who is a student and so she might not be eligible to be a partner, even though she was accepted previously?

[Nemesis]

1 hour ago, EdAndCass said:

I've just seen this topic, is there any further news on it? I am applying for an 801/820 from a PMV subclass 300 next month after I get married on 25/06/2017. Will this affect me? I am earning significantly more than my partner who is a student and so she might not be eligible to be a partner, even though she was accepted previously?

No news on the changes yet - or nothing that seems to be public anyway.  If you are applying for Partner from PMV its irrelevant who earns what, Her being a student will have no effect on her eligibility for a partner visa. She is applying on the grounds of being married to you, not on the grounds of how much she earns. 

[EdAndCass]

Apologies, I don't think I was full clear. It would be myself who was getting the visa. She would be the sponsor and therefore potentially subject to the new rules? I assumed not as I'm here and already working anyway...wanted to check though.

[Nemesis]

14 hours ago, EdAndCass said:

Apologies, I don't think I was full clear. It would be myself who was getting the visa. She would be the sponsor and therefore potentially subject to the new rules? I assumed not as I'm here and already working anyway...wanted to check though.

I hadn't heard that there were income restraints being introduced? (though that sn't to say that there won't be!). TBH you are speculating on something of which we as yet no nothing. For all we know they could abolish partner visas altogether in July, nopoint guessing at what we don't know yet. 

[Guest]

15 hours ago, EdAndCass said:

Apologies, I don't think I was full clear. It would be myself who was getting the visa. She would be the sponsor and therefore potentially subject to the new rules? I assumed not as I'm here and already working anyway...wanted to check though.

It would not surprise me if they could be looking at a financial threshold of some kind but it hasn't happened yet. You cannot worry about what hasn't been announced, work with what is current when you lodge.