New Limitations on Approval of Sponsorships for Partner and Prospective Marriage visa applicationsNovember 22, 2016
New limitations on approval of sponsorships for Partner and Prospective Marriage visa applications
What will change from 18 November 2016?
Sponsors of Partner and Prospective Marriage visa applicants who lodge a visa application on or after 18 November 2016 will be 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 denes 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.
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.