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Australian Partner Visa Changes for 2021 – NEW Increased Visa Allocations & English LAnguage Requirements
As part of the 2020-21 Federal Budget, the Government of Australia has announced that it will implement reforms to strengthen the integration outcomes of the Partner program by the end of 2021. Currently, sponsorship and Partner visa applications are lodged at the same time and there are no English requirements for the partner or their sponsor. The new reforms which are set to come into effect in or around November 2021 will require partner visa applications to meet:
English language requirement for permanent resident sponsors and Partner visa applicants; and
Applying the sponsorship framework set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 to the Partner visa program. Meaning a sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged
The Department of Home Affairs (the Department) is currently seeking community views to inform the development of settings and the implementation of the new English language requirement and the sponsorship framework for the Partner visa program. English Language Requirement
Of the changes announced, the most controversial is the new requirement for prospective Partner Visa applicants and sponsors to demonstrate Functional level English or show genuine efforts to learn English.
According to Acting Immigration Minister Alan Tudge, the aim of the new English language requirement is to ensure new migrants have a certain level of English skills to be able to participate in Australian society and secure a job once they are in Australia. The Australian Government anticipates that the risk of becoming vulnerable in Australia is reduced if migrants possess English language skills. Examples of such risks are risk of domestic violence, risk of being abused in the workplace and having their rights overtaken. The English language requirement will be introduced to the Partner program at the end of 2021 and will apply to applications lodged on or after the date of implementation. NEW SPONSORSHIP FRAMEWORK FOR PARTNER VISA PROGRAM (SPONSOR) As part of the 2020-21 Federal Budget, the Government announced that it will apply the family sponsorship framework set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 (the Act) to the Partner visa program (previously implemented for the SC870 visa).
The framework will:
separate the sponsorship and visa application processes;
support information disclosure relating to domestic and family violence to the sponsor or the applicant; and,
enable sanctions to be imposed on sponsors who breach sponsorship obligations.
The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged. Once implemented for Partner visas it will significantly impact whether an Australian Partner visa application can be lodged whist the applicant (partner or spouse) is in Australia.
Once the above changes roll out to Partner visas it would mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.
Other changes in this bill:
separate sponsorship assessment from the visa application process for family sponsored visas;
require the approval of persons as family sponsors before any relevant visa applications are made;
impose statutory obligations on persons who are or were approved as family sponsors and provide for sanctions if those obligations are not satisfied;
facilitate the sharing of personal information between parties identified in a sponsorship application;
enable the refusal of a sponsorship application and the cancellation or barring of a family sponsor in certain circumstances;
enable the regulations to prescribe details for, and in relation to, the operation of the sponsorship framework; and make consequential amendments. (Source and Credits: Home Office)
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