The Australian partner visa reformation has been on the agenda for the Australian government to update since last year, but was never implemented. The reforms are due to be implemented following the 2020-2021 federal budget meeting, which will commence around November 2021.
Under the current legislation, the partner visa and sponsorship application can be submitted simultaneously—as long as the partner visa is submitted first.
Mandatory Sponsor Pre-approval
The reforms will be introducing a new sponsorship framework which require the sponsorship application to be approved prior to submitting the partner visa. This means that the visa application cannot be submitted unless the sponsor’s application is approved. The purpose of this reformation is to strengthen the integrity of the partner visa program, as part of the Migration Amendment (Family Violence and Other Measures) Act 2018 (the Act). This will allow visa applicants to be informed of any potential adverse information about their Australian sponsor, such as criminal history or history of domestic violence, and provide the visa applicant an opportunity to withdraw from the process before a visa is lodged or granted.
New English language requirements
One of the major changes for the partner visa program is for the visa applicant and their Australian sponsor (if the sponsor is not an Australian citizen) to provide evidence of a functional level of English, or to demonstrate that they have made reasonable efforts to learn English at the time of the permanent Partner visa stage—this is typically around 2 years after the provisional partner visa has been granted. Reasonable efforts can include completion of 500 hours of free English language classes through the Adult Migration English Program (AMEP). The requirements will apply to passport holders from countries other than Australia, Canada, Ireland, New Zealand, the United Kingdom and the United States.
The Federal Government claims that this will ensure that new migrants can maximise their opportunities in Australia, and make it easier for them to fully participate in Australian society and democracy.
What does this mean to your partner visa application?
The new changes will require applicants to plan ahead, and attain the required evidence to satisfy the English language requirements, before the visa applicant’s visa may expire. Also, longer processing times are anticipated given that the applications will now be submitted separately, and it is still unclear how long the sponsorship application will take to be approved. It is also anticipated that there may be additional charges imposed on the sponsorship application itself.
If you intend to lodge a partner visa in Australia prior to your substantive visa expiring or anticipate that you or your permanent resident sponsor may have difficulties in meeting the functional English language requirement, please contact Michelle Collins at Align Law to discuss the possibility of applying for the Partner visa prior to the reforms coming into effect.
For further assistance and information, please contact us today for a consultation.