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Proposed Legislation to Tighten Family Sponsorship (including Partner)

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Proposed Legislation to Tighten Family Sponsorship (including Partner)

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Old Sep 30th 2016 | 10:46 pm
  #1  
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Exclamation Proposed Legislation to Tighten Family Sponsorship (including Partner)

Proposed Changes to the Migration Act may make it tougher to sponsor family members.
The Migration Amendment (Family Violence and Other Measures) Bill 2016 was read before the House of Representatives on 1 September 2016.


Approval of Sponsorship Required Prior to Visa Application

This could potentially mean that lodgement of a visa application could be delayed until a family sponsorship is approved. This may have a significant impact on those seeking to apply onshore where their current visa is due to expire soon. Currently, the sponsorship documentation is provided at the same time or after lodgement of the visa application.
The proposed legislation would also allow for refusal of sponsorship status where there has been a history of family violence of abuse of the family sponsorship program.

Character Requirements for Sponsors

Currently, police clearances are required for sponsors only where a child under 18 years is included in the sponsorship.
The proposed changes mean that sponsors will need to undertake full character checking and any criminal record could be shared with the visa applicant.

Sponsorship Obligations

Currently, the undertakings for family sponsors are relatively moderate - in general to provide accommodation if required, to attend an interview and to notify Immigration if they withdraw their sponsorship.
The proposed changes mean that formal sponsorship obligations will apply. If breached, this could result in cancellation of the sponsorship and possible penalties for the sponsor.

Whilst Visas will be Affected?

Initially, the changes will apply to the partner visa program. The intention is that the changes will then be rolled out to other family sponsored visas.

The above is taken from Acacia Immigration Australia though I have seen mention by a couple of other ageents on other sites.

General thinking seems to be that although the details of it are still unclear, whatever changes it brings could come in as early as NOVEMBER 2016. There are also rumours of an additional charge to approve the Sponsor before the applicant pays the existing fee - that could, to my mind, explain why the Spouse Visa fee did not rise in July this year as usual.

Official link to the Bill is here - Migration Amendment (Family Violence and Other Measures) Bill 2016 – Parliament of Australia

If I can get more details I'll post them here, I would also suggest anyone looking to lodge a Spouse Visa does it PDQ.
 
Old Oct 1st 2016 | 10:09 pm
  #2  
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Default Re: Proposed Legislation to Tighten Family Sponsorship (including Partner)

Originally Posted by Pollyana
Proposed Changes to the Migration Act may make it tougher to sponsor family members.
The Migration Amendment (Family Violence and Other Measures) Bill 2016 was read before the House of Representatives on 1 September 2016.


Approval of Sponsorship Required Prior to Visa Application

This could potentially mean that lodgement of a visa application could be delayed until a family sponsorship is approved. This may have a significant impact on those seeking to apply onshore where their current visa is due to expire soon. Currently, the sponsorship documentation is provided at the same time or after lodgement of the visa application.
The proposed legislation would also allow for refusal of sponsorship status where there has been a history of family violence of abuse of the family sponsorship program.

Character Requirements for Sponsors

Currently, police clearances are required for sponsors only where a child under 18 years is included in the sponsorship.
The proposed changes mean that sponsors will need to undertake full character checking and any criminal record could be shared with the visa applicant.

Sponsorship Obligations

Currently, the undertakings for family sponsors are relatively moderate - in general to provide accommodation if required, to attend an interview and to notify Immigration if they withdraw their sponsorship.
The proposed changes mean that formal sponsorship obligations will apply. If breached, this could result in cancellation of the sponsorship and possible penalties for the sponsor.

Whilst Visas will be Affected?

Initially, the changes will apply to the partner visa program. The intention is that the changes will then be rolled out to other family sponsored visas.

The above is taken from Acacia Immigration Australia though I have seen mention by a couple of other ageents on other sites.

General thinking seems to be that although the details of it are still unclear, whatever changes it brings could come in as early as NOVEMBER 2016. There are also rumours of an additional charge to approve the Sponsor before the applicant pays the existing fee - that could, to my mind, explain why the Spouse Visa fee did not rise in July this year as usual.

Official link to the Bill is here - Migration Amendment (Family Violence and Other Measures) Bill 2016 – Parliament of Australia

If I can get more details I'll post them here, I would also suggest anyone looking to lodge a Spouse Visa does it PDQ.
So more in line with Canada's partner visa application process.
 
Old Oct 4th 2016 | 7:48 pm
  #3  
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Default Re: Proposed Legislation to Tighten Family Sponsorship (including Partner)

Originally Posted by Pollyana
Proposed Changes to the Migration Act may make it tougher to sponsor family members.
The Migration Amendment (Family Violence and Other Measures) Bill 2016 was read before the House of Representatives on 1 September 2016.


Approval of Sponsorship Required Prior to Visa Application

This could potentially mean that lodgement of a visa application could be delayed until a family sponsorship is approved. This may have a significant impact on those seeking to apply onshore where their current visa is due to expire soon. Currently, the sponsorship documentation is provided at the same time or after lodgement of the visa application.
The proposed legislation would also allow for refusal of sponsorship status where there has been a history of family violence of abuse of the family sponsorship program.

Character Requirements for Sponsors

Currently, police clearances are required for sponsors only where a child under 18 years is included in the sponsorship.
The proposed changes mean that sponsors will need to undertake full character checking and any criminal record could be shared with the visa applicant.

Sponsorship Obligations

Currently, the undertakings for family sponsors are relatively moderate - in general to provide accommodation if required, to attend an interview and to notify Immigration if they withdraw their sponsorship.
The proposed changes mean that formal sponsorship obligations will apply. If breached, this could result in cancellation of the sponsorship and possible penalties for the sponsor.

Whilst Visas will be Affected?

Initially, the changes will apply to the partner visa program. The intention is that the changes will then be rolled out to other family sponsored visas.

The above is taken from Acacia Immigration Australia though I have seen mention by a couple of other ageents on other sites.

General thinking seems to be that although the details of it are still unclear, whatever changes it brings could come in as early as NOVEMBER 2016. There are also rumours of an additional charge to approve the Sponsor before the applicant pays the existing fee - that could, to my mind, explain why the Spouse Visa fee did not rise in July this year as usual.

Official link to the Bill is here - Migration Amendment (Family Violence and Other Measures) Bill 2016 – Parliament of Australia

If I can get more details I'll post them here, I would also suggest anyone looking to lodge a Spouse Visa does it PDQ.
Thanks Pollyanna. In that case we're going to lodge this Friday
 
Old Nov 20th 2016 | 7:25 pm
  #4  
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Default Re: Proposed Legislation to Tighten Family Sponsorship (including Partner)

Partner booklet has been updated as of today, now includes more detail about any convictions the sponsor may have, as well as the applicant. Looks like a greater need for pcc from the sponsor even when no children are involved. There may also be more changes in the finer details which I haven't been able to read closely yet.
Partner visas are also affected by the changes to the "family unit" and dependency rules
 

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