Under Threat... Sponsors For Partner Visa Application?

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Under Threat... Sponsors For Partner Visa Application?


 

Just to refresh your memories from an earlier blog, the information below is a departmental FACT SHEET email sent to registered migration agents dated the 17th of November 2016 regarding developments of this new Bill.

A bill introduced earlier in 2016 which, if passed, will have an enormous impact on partner migration has been re-introduced to Federal parliament in August of 2016. 

Here is an extract from the Explanatory Memorandum:  

To address the integrity issues currently experienced in the sponsored partner visa, the Bill will extend relevant aspects of this sponsorship framework to apply to partner sponsored visas with a view to:

  • separate sponsorship assessment from the visa application process for partner sponsored visas;
  • require the approval of persons as partner sponsors before any relevant visa applications are made;
  • impose statutory obligations on persons who are or were approved as partner sponsors;
  • provide for sanctions if such obligations are not satisfied;
  • facilitate the sharing of personal information between a range of parties associated with the program; and
  • improve the management of family violence in the delivery of the program by allowing the refusal of a sponsorship application; and cancellation and / or barring of a partner sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence.

As a consequence to that Bill, new limitations on approval of sponsorships for Partner and Prospective Marriage visa applications has been implemented on the 18th of November, 2016.

Related Article: No Annulment Required Under De Facto Visa Pathway

What has changed from 18 November 2016?

Sponsors of Partner and Prospective Marriage visa applicants who lodged a visa application, on or after 18 November 2016, are required to:

  • provide Australian or foreign police checks to the department when requested; and
  • consent to the department disclosing their convictions for relevant offences to the visa applicant(s).

What are ‘relevant offences’?

Migration legislation defines a relevant offence as an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving any of the following matters:

(a)   violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence;
(b)   the harassment, molestation, intimidation or stalking of a person;
(c)   the breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory or a foreign country;
(d)   firearms or other dangerous weapons;
(e)   people smuggling;
(f)    human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
(g)   attempting to commit an offence involving any of the matters mentioned above or below;
(h)   aiding, abetting, counselling or procuring the commission of an offence involving any of the matters mentioned above.

What about visa applications lodged before 18 November 2016?

The changes do not affect visa applications lodged before 18 November 2016, even if the sponsor submits their sponsorship form after 18 November 2016. The changes only apply where the visa application is made on or after 18 November 2016.

Do the changes affect applicants for a subclass 801 or 100 visa who already hold a subclass 820 or 309 visa?

No. Applicants who already hold a subclass 309 or 820 visa and are waiting for a decision on their subclass 100 or 801 visa are not affected. This is because they lodged their visa application before 18 November 2016.

What happens if a sponsor does not provide the police checks within a reasonable time?

The visa application may be refused. 

What happens if a sponsor does not consent to the department disclosing their convictions for relevant offences?

The visa must be refused.

Related Article: How to apply a Defacto (partner) visa application to Australia?

Will a visa application be refused if a sponsor has convictions?

If a sponsor has convictions for a relevant offence but no significant criminal record, a visa cannot be refused on that basis. In those cases, the department will still disclose the convictions to the visa applicant(s) to allow them to make an informed decision about continuing with their application.

If a sponsor has convictions for a relevant offence and a significant criminal record, the visa must be refused, unless it is considered reasonable not to refuse. All the circumstances of the case will be taken into account when considering if it is reasonable not to refuse, including but not limited to:

  • the length of time since the sponsor completed the sentence(s) for the relevant offence(s);
  • the best interest of any children of the sponsor or primary visa applicant; and
  • the length of the relationship between the  sponsor and primary visa applicant.

What is a significant criminal record?

A sponsor has a significant criminal record in relation to a relevant offence if, for the offence(s), the sponsor has been sentenced to:

  • death
  • imprisonment for life
  • a term of imprisonment of 12 months or more
  • 2 or more terms of imprisonment, where the total of those terms is 12 months or more.

What if a sponsor’s conviction for a relevant offence has been quashed or otherwise nullified?

A sponsor is not required to consent to the department disclosing these convictions. Even if the sponsor has consented, the department will not disclose convictions for relevant offences that have been quashed or otherwise, nullified.

What if a sponsor has been pardoned in relation to a conviction?

If the effect of the pardon is that a sponsor is taken never to have been convicted of the offence(s), the sponsor’s consent to the disclosure of conviction(s) is not required. The department will not disclose those offences to the visa applicant(s) even if the sponsor has consented.  

Can the visa application charge be refunded if an application is refused because of the new changes?

No. The visa application charge cannot be refunded in those circumstances.

Applicants and sponsored are urged to consider carefully what effect, if any, these changes may have on the prospect of having a visa application granted before they make an application. 

How can a sponsor apply for an Australian Federal Police (AFP) National Police Check (NPC)?

Sponsors can apply for an AFP NPC through the AFP website. CLICK HERE

Obviously, there has never been a better time to contact RESPALL Migration Australia than NOW to get the most updated information regarding a valid, genuine and continuous permanent partner visa application to Australia from the Philippines. Just SIGN IN and provide us both your details so we can call you back and personally discuss your particular visa application, and organise a sure fire strategy to lodge your successful partner visa application sooner rather than later.

Thank you and MABUHAY!

November 18, 2016