In December 2018 the Migration Amendment Act 2018 received stately assent and it suggested changes to the way the sponsorship component of an application for a partner visa works.
The Act should have begun in 2019 but this didn't happen. In March and April, 2021 public consultations on the alterations were conducted and there was talk that the changes would come into effect in November 2021, but the government has established that at this stage there is no specific commencement date.
The changes come in an effort to scrutinize sponsors more and avoid family violence and change how the sponsorship and partner visa applications work, as well as introduce an English language requirement.The changes don’t affect requests that have already been lodged.
Currently, sponsorship and partner visa applications in Sydney are lodged at the same time. As part of the partner visa alterations, the department of home affairs will be announcing a new sponsorship agenda, requiring sponsors to be approved before their partners can apply for the Partner visa. The context will also enforce obligations on sponsors and provide civil penalties and administrative sanctions for breach of obligations.
Should processing timeframes for the sponsorship component be quite lengthy, this change will adversely impact onshore partner visa applications in Sydney wanting to lodge a visa application prior to their substantive visa expiring.
While the partner visa program does not presently have any English language necessities, the upcoming partner visa reforms will require visa applicants and their permanent resident sponsors to deliver evidence of a functional level of English or to validate that they have made reasonable efforts to learn English at the time of the permanent partner visa stage. Sensible efforts are intended to include the completion of 500 hours of free English language lessons through the Adult Migration English Program (AMEP). The requirements will apply to passport holders from countries other than New Zealand, Ireland, Canada, Australia, the United States, and the United Kingdom.
These new measures will complement existing family violence provisions within the partner visa program and provide further opportunities for migrants to maximize opportunities in Sydney, Australia, including job opportunities and social cohesion.
Showing evidence of studies in English in Australia for 1 year towards a diploma, among other ways of claiming functional English through secondary and tertiary studies in the language.
If you are preparing to lodge a partner visa applications in Sydney, you should plan strategically and we can assist you with that. If you and your partner are in Australia please contact us and we can offer an Initial Chat to establish if you qualify and when and how you should apply for your visa to make sure the best result.
If you intend to lodge a partner visa applications in Sydney, prior to your substantive visa expiring in the next three to four months or anticipate that you or your permanent resident sponsor may have difficulties in meeting the functional English language requirement, please contact IME Advisors to discuss the possibility of applying for the Partner visa prior to the reforms coming into effect.
For additional information and assistance on upcoming changes to Australia’s partner visa applications in Sydney, set to come into effect in or around November 2021, please contact IME Advisors.
