# Partner Visa Changes



## Lisa Ira (Jul 19, 2016)

Hi everyone

Just a 'heads up', the government has indicated that it will be making significant changes to the partner visa programme later this year.

The upcoming changes are brewing in the context of political pressure to close partner visa loopholes, following the conviction of a couple recently jailed for orchestrating a spouse visa scam. While the Department has not circulated draft legislation in respect to these changes, it has indicated that the following measures may be taken:


Introduction of a three-year validity period for first stage partner visas; 
A separate application fee for second stage partner visa applications; and 
A requirement that sponsorship applications be approved before a partner visa can be lodged.
Perhaps the most notable potential change is the third dot-point: the separation of sponsorship applications from partner visa applications. Currently, the sponsorship form is submitted and assessed along with the partner visa application. However, under the expected changes, the partner visa application could only be lodged after sponsorship is approved. If the sponsorship application is refused, for example, because the sponsor does not meet character requirements, the visa applicant would not be able to lodge their partner visa application.

*What this means for you: *

The new processes are likely to increase delay and costs for the already vexed partner visa application process. You may find yourself in a pickle if your current visa is expiring and you were planning on transitioning to a bridging visa when you lodge your partner visa application. Under the potential changes, you would not get a bridging visa until the sponsorship application is approved and you lodge the partner visa application.

Lisa Wulfsohn (LLB.BA.GDLP)
Principal Migration Agent (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.


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## CCMS (Oct 10, 2013)

A timely reminder , Lisa. 

I attended the DIBP roadshow in Brisbane on Friday and no one is sure when these new regulations will take effect other than that it will happen 'later this year". 

I imagine that, as with the 457 visa announcement, there will be little or no warning and many people may be caught unawares. 

There is a real concern for those who are thinking of applying onshore, as their temporary visas may expire while they are waiting for a decision on the sponsorship application. They may then be unable to remain and lodge the visa application in Australia.


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## CollegeGirl (Nov 10, 2012)

It is absolutely heartbreaking to me that Australia just doesn't care about people anymore. That's what this amounts to. There is absolutely zero care or concern about people who are married or de facto partners having to be separated for interminably and unforgivably long times as a result of the partner visa process. And now most of the lucky few who could finagle a way to wait it out together in Australia will no longer be able to.

No more coming in on a 3-month ETA stay and applying for a partner visa. Which also means no more work rights shortly after applying. This is going to hugely disadvantage people over the eligibility age for the WHV, as an example. You don't know how long it's going to take them to approve your sponsorship - so the safest way to ensure (you hope!) you won't have to be separated would seem to be to come over on a year-long tourist visa (if you can get one) to see if you like the place, decide to stay and apply for a partner visa, but then you have no work rights during the year-long validity of your tourist visa. How many people could afford that? How is it fair to ask people to choose between being separated from their partner for insane periods of time, and having an income to support themselves? I mean surely this is the reason partner visa applicants (onshore) were given work rights on their BVAs in the first place?

Now we can unequivocally say that partner visa policies hugely disadvantage people who are:


LGBT
From certain countries
Past the age of 31
Disabled or with disabled dependents
Not substantially wealthy (in SO many ways)
Not able to perform a very sparse list of specific skilled jobs and/or not able to afford a formal education to go along with those

Pretty much all (I would argue ALL) of these characteristics are things you are born into and cannot change. How is this not about 85 human rights violations wrapped into one visa stream?


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## Lisa Ira (Jul 19, 2016)

CCMS said:


> A timely reminder , Lisa.
> 
> I attended the DIBP roadshow in Brisbane on Friday and no one is sure when these new regulations will take effect other than that it will happen 'later this year".
> 
> ...


Thanks Nick. Yes, I expect that there will be little to no notice before these changes are introduced given the way the recent 457 changes were implemented. The potential for further delay and expense is worrying too, given that this already acts as an impediment to many genuine applicants.

Kind regards

Lisa Wulfsohn (LLB.BA.GDLP)
Principal Migration Agent (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.


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## Lisa Ira (Jul 19, 2016)

CollegeGirl said:


> It is absolutely heartbreaking to me that Australia just doesn't care about people anymore. That's what this amounts to. There is absolutely zero care or concern about people who are married or de facto partners having to be separated for interminably and unforgivably long times as a result of the partner visa process. And now most of the lucky few who could finagle a way to wait it out together in Australia will no longer be able to.
> 
> No more coming in on a 3-month ETA stay and applying for a partner visa. Which also means no more work rights shortly after applying. This is going to hugely disadvantage people over the eligibility age for the WHV, as an example. You don't know how long it's going to take them to approve your sponsorship - so the safest way to ensure (you hope!) you won't have to be separated would seem to be to come over on a year-long tourist visa (if you can get one) to see if you like the place, decide to stay and apply for a partner visa, but then you have no work rights during the year-long validity of your tourist visa. How many people could afford that? How is it fair to ask people to choose between being separated from their partner for insane periods of time, and having an income to support themselves? I mean surely this is the reason partner visa applicants (onshore) were given work rights on their BVAs in the first place?
> 
> ...


Yes, I think what the government fails to recognise is the real and significant impact that the uncertainty/waiting process has on people's mental health. We are not just talking about foreigners' mental health either. It severely affects the well-being of Australian permanent residents and citizens whose lives are put on hold waiting to know if they will ever be able to build a life with their partner in Australia. I don't know of any other government process that requires Australian citizens/residents to wait over 18 months for a decision. The government is meant to serve its citizens ... that's why we vote and pay tax!

Lisa Wulfsohn (LLB.BA.GDLP)
Principal Migration Agent (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.


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## ampk (Sep 21, 2013)

I can see lots of couples having to try meet schedule 3 after these changes are implemented, then followed by a proportionate increase in AAT hearings - followed by a number of 3 year entry bans.

And no real way to inform these people - they will be sitting ducks!

It does not help it is being camouflaged under a blanket of Domestic Violence, these pending applicants wont read any immigration information that starts with Domestic Violence - they are in love.


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## Skybluebrewer (Jan 15, 2016)

I wonder how they'll handle people like me who aren't eligible for PR until end of next year... would really suck if they decide to make my son and I wait an extra year to be eligible (and who knows how long 801 wait times will be by then) AND charge us another fee to apply for the 801.

That plus the citizenship changes and it looks like we're in for a long bumpy ride...


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## ampk (Sep 21, 2013)

Does your receipt include the 801?


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## CCMS (Oct 10, 2013)

ampk said:


> followed by a proportionate increase in AAT hearings - followed by a number of 3 year entry bans.
> 
> .


Apparently about 65 existing AAT members will not have their appointments renewed on 30 June.

_The positions of up to 100 AAT members are due to expire on June 30 and the Herald Sun understands the Turnbull Government is considering removing a large number of them, including from the migration and refugee division._

No Cookies | Herald Sun


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## ampk (Sep 21, 2013)

Just had a big laugh - sorry Nick, but it's so *not* funny - I could not help it.


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## CCMS (Oct 10, 2013)

Skybluebrewer said:


> AND charge us another fee to apply for the 801.
> .


The application fee is currently for the permanent visa only (801/100). There is no application fee for the temporary partner visa (820/309).

The question is if there is going to be a separate application fee for the sponsorship application.


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## otheredone (May 20, 2016)

Skybluebrewer said:


> I wonder how they'll handle people like me who aren't eligible for PR until end of next year... would really suck if they decide to make my son and I wait an extra year to be eligible (and who knows how long 801 wait times will be by then) AND charge us another fee to apply for the 801.
> 
> That plus the citizenship changes and it looks like we're in for a long bumpy ride...


So, even people who are submitting before these changes take place, before July 1 even, are still subject to their terms? Even you who have already been approved and granted the first stage are subject to the change in terms?! Or are you just speculating?


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## EDT (Aug 22, 2014)

Too many changes indeed 
Right now I just want my hubby PR to be granted. 
We've waited 1 year as of today. How long more ?????😞😞😞
I just pray we don't fall into the category of 22 months wait


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## Skybluebrewer (Jan 15, 2016)

otheredone said:


> So, even people who are submitting before these changes take place, before July 1 even, are still subject to their terms? Even you who have already been approved and granted the first stage are subject to the change in terms?! Or are you just speculating?


"I wonder..."

No one knows at this stage. I was just wondering.


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## Seego (Jan 23, 2017)

Skybluebrewer said:


> "I wonder..."
> 
> No one knows at this stage. I was just wondering.


But nobody will have to wait for three years hopefully.

When I read that point, I only understand that, as well as the working holiday visa, for instance, has a validity period of one year, the partner visa 820 and 309 would have a validity period of three years. This will avoid people staying indefinitely in australia in such visas. I suppose they have found many people living in australia for more than 3 years on those temporary visas.Certainly, they are valid until they make a decision on the 801 and 100. Consequently, if you never lodge the second stage visa, they can never reject you... and some do not bother to inform DIBP of their relatinoship breakdown.

Therefore, with these changes, if I am granted my 820 tomorrow, June 6th 2017, I must lodge my 801 application by June 6th 2020, or my partner visa 820 would be automatically cancelled.


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## sheilae (Jan 28, 2017)

*sigh* I don't even know what to think anymore. 

I hope by the time I apply later this year everything is laid out in any sort of meaningful (although let's be honest, I don't think that much of DIBP). 

I guess I'll become an Australian one day, eventually, before I die (I'm 28 so that's what, 50, 60 years?). Maybe. 

ugh.


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## Mish (Jan 13, 2013)

Hi Lisa
Do you have any idea if the 3 year eligibility will apply for those that either currently hold a 820/309 or are awaiting their visa?

Also what will happen to those that either hold a PMV or have applied for a PMV and have yet to apply for the 820 when the changes come through?

One wonders if they needed to increase the eligibility time because processing times will go over 24 months for the 820/309.....


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## al_ghazal (Nov 19, 2016)

thanks for sharing Lisa. i also want to know what it means for my partner currentry here on pmv300. I'm already approved as a sponsor for that part but i guess I have to go through it again anyway.




PS I think the reduction of AAT members has more to do with the legacy caseload/new lodge or leave policy than anything else.


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## Mania (Sep 7, 2016)

Starting to think it will be quicker and cheaper to study a mining anguneering degree and apply as a skilled entrant.


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## JandE (Jul 17, 2015)

al_ghazal said:


> PS I think the reduction of AAT members has more to do with the legacy caseload/new lodge or leave policy than anything else.


SCORES of Administrative Appeals Tribunal members are facing the axe after they were criticised for saving murderers, rapists and paedophiles from deportation.

Herald Sun


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## Mish (Jan 13, 2013)

al_ghazal said:


> thanks for sharing Lisa. i also want to know what it means for my partner currentry here on pmv300. I'm already approved as a sponsor for that part but i guess I have to go through it again anyway.


When are you getting married? I would be looking at getting married and lodging the 820 prior to 1 July 2017 just incase.


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## al_ghazal (Nov 19, 2016)

We are getting married very soon but our issue is the marriage certificate. My understanding is you can't submit a valid visa application (for 820 on basis of marriage) without it and we might not have it in time. 

Would actually appreciate any advice from the agents on this forum about whether I can upload the certificate once i get it.... which will likely be 1 or 2 weeks after lodgement-assuming i lodge before the end of the month. I do expect the advice to be a personal choice about accepting risk though.


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## Mish (Jan 13, 2013)

al_ghazal said:


> We are getting married very soon but our issue is the marriage certificate. My understanding is you can't submit a valid visa application (for 820 on basis of marriage) without it and we might not have it in time.
> 
> Would actually appreciate any advice from the agents on this forum about whether I can upload the certificate once i get it.... which will likely be 1 or 2 weeks after lodgement-assuming i lodge before the end of the month. I do expect the advice to be a personal choice about accepting risk though.


Our 820 from a PMV got approved without a marriage certificate lol. We were still waiting on it as they had a backlog at the time.

We applied to get the ball rolling and were going to submit the marriage certificate when we got it but DIBP decided to approve it first.


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## JandE (Jul 17, 2015)

Mish said:


> Our 820 from a PMV got approved without a marriage certificate lol. We were still waiting on it as they had a backlog at the time.
> 
> We applied to get the ball rolling and were going to submit the marriage certificate when we got it but DIBP decided to approve it first.


Looking at that, it sounds like it might be worth submitting with the celebrant issued marriage certificate, and uploading the official one later when it arrives.


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## Lisa Ira (Jul 19, 2016)

Mish said:


> Hi Lisa
> Do you have any idea if the 3 year eligibility will apply for those that either currently hold a 820/309 or are awaiting their visa?
> 
> Also what will happen to those that either hold a PMV or have applied for a PMV and have yet to apply for the 820 when the changes come through?
> ...


Hi Mish

This is the golden question! Unfortunately the government has not released this information. Given the way the recent skills list/457 changes have been implemented, it wouldn't surprise me if the changes apply to applications that are on foot.

Kind regards

Lisa Wulfsohn (LLB.BA.GDLP)
Principal Migration Agent (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.


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## madhatter90 (Nov 22, 2015)

Can I have a quick explanation of the three year validity period - does that mean you have to have been together for three years before you can apply, or is it three year after you apply before you can be eligible for PR?

Thank you


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## ampk (Sep 21, 2013)

madhatter90 said:


> Can I have a quick explanation of the three year validity period - does that mean you have to have been together for three years before you can apply, or is it three year after you apply before you can be eligible for PR?
> 
> Thank you


3 years after you get your Permanent Residency you become eligible to apply for citizenship is the proposed change.

So on day 1 of a WHV you meet a fairy tail partner .

* 1 year after this relationship is deemed to have started you can apply for a de facto Partner Visa.

* 1.5 years at current processing date you get your 820 Partner Visa.

* 2 years after your 820 is granted you can summit your relationship evidence since the 820 grant.

* 1.5 years at current process rate you get granted your 801 Permanent Residence Visa.

* 3 years after grant of your 801you can apply for citizenship.

* 1 year after you gain citizenship.

These time frames are not 100%, but it is pretty much a 10 year process for a new de facto couple.


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## al_ghazal (Nov 19, 2016)

I thought the 3 yr validity related to the 820 not the permanent visa. it's unclear to me whether you have to wait 3yrs on on the 820 before you're eligble for 801 or if you don't apply for 801 before 3 years you become unlawful (not sure there's a time limit right now?)


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## EDT (Aug 22, 2014)

Lisa Wulfsohn said:


> Hi Mish
> 
> This is the golden question! Unfortunately the government has not released this information. Given the way the recent skills list/457 changes have been implemented, it wouldn't surprise me if the changes apply to applications that are on foot.
> 
> ...


My husband applied for his PR last year May 2016anf his still waiting 
Does it mean there is a possibility of us being affected by the new changes ? If yes, I'm going to go insane


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## ampk (Sep 21, 2013)

There seems no announced change from the 2 year mandatory wait from the 820 grant to the 801 application ( it is actually not an application but a check on the relationship is still genuine).

Put the process time has increased from submitting that documentation until the 801 (PR) visa is granted. So as of now the effective time from your Partner Visa application is taking 4.5 years to get PV.

When visas were being processed faster it was taking around 2.5 years - this is only due to extended processing times not any mandatory waiting time changes.


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## ampk (Sep 21, 2013)

EDT said:


> My husband applied for his PR last year May 2016anf his still waiting
> Does it mean there is a possibility of us being affected by the new changes ? If yes, I'm going to go insane


The planned change will add 1 year to your Partners date to apply for citizenship.

No change to his PR.


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## PCJJ6688 (Feb 23, 2017)

Lisa Wulfsohn said:


> [*]A requirement that sponsorship applications be approved before a partner visa can be lodged.
> .


Will the new policy affect the applications that already have been submitted?

If the sponsor didn't get approved, do we still get chance to appeal?
If so, once appeal submitted, if the applicant still can get a bridging visa to stay in Australia?

And How do they approve the sponsor? what criteria should the sponsor meet?
My partner is PR, never sponsored anyone before, good character, good tax payer....I should not worry about that but still worry everyday....

Can anyone tell me what else they scrutinize the sponsor?

Thank you!


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## ampk (Sep 21, 2013)

PCJJ6688 said:


> Will the new policy affect the applications that already have been submitted?
> 
> If the sponsor didn't get approved, do we still get chance to appeal?
> If so, once appeal submitted, if the applicant still can get a bridging visa to stay in Australia?
> ...


If your Partner Visa is already submitted - (Paid the fee and have receipt)

The new Sponsorship changes will not affect you ( I think even if you have not completed your sponsorship application), these applications will continue to be processed as they are being processed today (slowly).

Once they have issued the receipt to the applicant for the Partner Visa, it is very hard to backdate the requirements - it makes for a legal World of hurt.

But you will/might at the next stage be required to meet new/extra requirements.


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## JandE (Jul 17, 2015)

madhatter90 said:


> Can I have a quick explanation of the three year validity period - does that mean you have to have been together for three years before you can apply, or is it three year after you apply before you can be eligible for PR?
> 
> Thank you


I get the feeling that it will be a 3 year limit on the 820. So the 801 application must be done before the 3 years after the 820 application date is up.


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## PCJJ6688 (Feb 23, 2017)

ampk said:


> If your Partner Visa is already submitted - (Paid the fee and have receipt)
> 
> The new Sponsorship changes will not affect you ( I think even if you have not completed your sponsorship application), these applications will continue to be processed as they are being processed today (slowly).
> 
> ...


Thank you ampk.
We have already paid and I am on BVA waiting in Australia.

Just want to know what else they scrutinize the sponsor...other than character....hope you know what I mean...

Thanks


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## ampk (Sep 21, 2013)

One thing that crossed my mind today folks. DIBP will know from experience that just prior to 1 July, there will be a lot of extra applications submitted. This will not be because of the small fee increase, but rumoured changes.

Can/will they implement these changes before the end of this month? 

Say June 16!
I certainly don't trust them and think it could be possible.


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## Mish (Jan 13, 2013)

ampk said:


> The planned change will add 1 year to your Partners date to apply for citizenship.
> 
> No change to his PR.


Did you forget about the recent citizenship changes? They must now hold a PR for 4 years to apply for citizenship .... unless it doesn't pass through parliament.


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## Mish (Jan 13, 2013)

madhatter90 said:


> Can I have a quick explanation of the three year validity period - does that mean you have to have been together for three years before you can apply, or is it three year after you apply before you can be eligible for PR?
> 
> Thank you


I take it mean 1 of 2 things being either 1/ It is 3 years before you can submit your 801 application or 2/ you must submit your 801 within 3 years of applying for your 820 (still with a 2 year eligibility).

To me it sounds like it might be the second one.


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## ampk (Sep 21, 2013)

Mish said:


> Did you forget about the recent citizenship changes? They must now hold a PR for 4 years to apply for citizenship .... unless it doesn't pass through parliament.


This poster was, from memory not asking about citizenship - only TR to PR.

Some people may still not have the ultimate goal if citizenship.

But with not even a draft yet, it is just another uncertainty of life thing, DIBP seem to love to give us all.


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## Mish (Jan 13, 2013)

ampk said:


> This poster was, from memory not asking about citizenship - only TR to PR.
> 
> Some people may still not have the ultimate goal if citizenship.
> 
> But with not even a draft yet, it is just another uncertainty of life thing, DIBP seem to love to give us all.


You mention 1 year PR for citizenship, which is why I mentioned it.

From what I have heard both Labor and Liberal are all for it with Labor not 100% on board with some things (they may reduce some things). Time will tell what happens with it, what will be will be.


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## ampk (Sep 21, 2013)

Without checking I think that is just the wait time (1 year process time) I mentioned after you qualify to apply for citizenship.

Not the actual wait time from PR to be able to apply for citizenship.


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