In Short
- Recent changes to the Australian partner visa process include a focus on relationship genuineness and an increased emphasis on English language requirements.
- Applicants must now undergo a two-stage process, with sponsorship approval required before lodging the visa application.
- The changes aim to prevent visa fraud and ensure the integrity of the immigration system.
Tips for Businesses
If your business involves sponsoring partner visas, stay updated on the latest immigration changes to ensure compliance. Prepare for a more thorough process, including stricter scrutiny of relationship evidence and English proficiency. Seeking legal advice can help navigate these changes and ensure successful visa applications.
If you are in a committed relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen (sponsoring partner), you may be eligible for a partner visa. A partner visa allows you to live in Australia with your spouse and partner. Unlike many employer-sponsored or skilled visas, there are no age or income restrictions for applying for a partner visa. Effective 1 July 2024, new amendments were made that unify the various subcategories of the partner visa to bring them in line with each other and introduce the ability to continue with a partner visa following the cessation of a relationship. This article will explore the key changes to partner visa regulation and how they might impact you.
What Was the Former Process?
Under the former partner visa system, you and your sponsoring partner must have applied together. You could apply for a partner visa from overseas (under visa subclasses 309 and 100) or within Australia (under visa subclasses 820 and 801).
At the ‘time of application’, you and your sponsoring partner had to prepare evidence to demonstrate that your de facto or spousal relationship was genuine and continuing. The Department of Home Affairs (DOHA) focused on your character background, including any criminal history and the genuineness of your relationship. Your partner’s background was also considered.
If you were in Australia on a valid visa, once you lodged a partner visa, you automatically received a bridging visa. This bridging visa allowed you to remain in Australia after your visa expired and until your partner visa was finalised. In many cases, a Bridging visa allowed you to:
- work in Australia;
- study in Australia; and
- access Australian healthcare.
Family and Domestic Violence Under the Old Regulations
The previous regulations granted your 820/309 application if you met one of the criteria under the ‘relationship cessation provisions’, such as if there were instances of Family and Domestic Violence (FDV). The full list of cessation provisions was:
- where the sponsoring partner has died;
- where the visa applicant has custody or joint custody of the child, or access to at least one child in respect of whom the sponsoring partner:
- has been granted joint custody or access by a court; or
- has a residence order or contact order
- has an obligation under a child maintenance order;
- or any other formal maintenance obligation; and
- where the visa applicant (or a member of their or their sponsoring partner’s family unit) has experienced family violence perpetrated by the sponsoring partner.
The new regulations have made amendments to the current regulations to create unity among the visa offerings and heighten the focus on the background of applicants. In its overall migration strategy, the government is looking to take a firmer stance on FDV. This is evident in the restrictions on overseas applicants with a background in FDV and the ease of access to Partner Visas when the relationship has broken down due to FDV.
What Are the New Rules?
The Australian Parliament approved the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Act 2024 on 20 June. The regulations officially came into force on 1 July.
The first significant change is that applicants of Subclass 309 no longer need to be onshore at the ‘time of decision’ if the relationship has broken down due to domestic and family violence. However, if you are attempting to claim this provision, you must have been in Australia at the ‘time of application’ of your partner visa.
The second major change is that Subclass 309 and 820 applicants are to have more aligned rights. Both 309 and 820 have complete access to rights granted for cessation of a relationship, specifically due to family or domestic violence. Furthermore, both subclasses no longer have to prove ties to Australia if the sponsor has died.
Another change within the alignment process is that the 309 and 820 visas may be applied onshore or offshore.
Continue reading this article below the formHow Will the New Regulations Affect Me?
The new rules simplify the current regulations on FDV as the government looks to take a strong stance against crime. Further leniencies and provisions are available to those who have experienced acts of violence as the partner visa process will become easier to understand.
Overall, we believe that the new regulations are an exercise by the government in simplification as part of their New Migration Strategy. Partner visas were among many others that the federal government has examined and altered to either tighten measures or simplify them.
Key Takeaways
With the new partner visa regulations, the differences between the 309 and 820 are simplified. The government is also creating a more straightforward pathway to access the cessation provisions for applicants applying for the 820/309 whose relationship has broken down due to FDV. If you are applying from within Australia, you need to ensure that you start the process several months before your current visa expires. This will avoid the need for you to leave Australia while the government is processing your partner visa application.
If you have any questions about Australian partner visas, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
To prove the genuineness of your relationship, you should provide evidence such as joint financial documents, shared living arrangements, photos, and communications over time. Detailed statutory declarations from both partners and third-party witnesses can also strengthen your application. It’s important to gather and submit comprehensive documentation to support your case.
The Australian partner visa process has introduced a two-stage application, requiring sponsorship approval before lodging the visa application. Additionally, there is an increased emphasis on proving the genuineness of the relationship and meeting English language requirements. These changes aim to enhance the integrity of the visa process and prevent fraud.
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