Key changes to Australian immigration law – Part #4 – Upfront sponsorship approval required before making partner visa application
Published on February 10, 2021 by Maithri Panagoda AM, Wing Ho | 何宛穎律師 and Yee Mei Chow
In 2018 the Australian Government passed legislation to create a new family sponsorship framework which requires upfront formal sponsorship approval before a prospective applicant can apply for the relevant visa.
The framework has been imposed on the subclass 870 Sponsored Parent (Temporary) visa and the Government has indicated that the family sponsorship framework will extend to the partner visas.
As a result, Australian citizen or permanent resident Sponsors for a partner visa will be assessed against sponsorship obligations and character will need sponsorship approval first before a visa application can be made.
It is likely that a separate sponsorship application fee will be payable, in addition to the partner visa application fee which is already approaching $8000 as at the time of writing. This change to sponsorship requirements may also affect the processing time and the ability of an onshore visa applicant to lodge a partner visa application on time before his/her temporary visa expires. It is expected that subordinate legislation will be introduced to facilitate implementation of the upfront sponsorship approval from November 2021 onwards.
For assistance with any Australian immigration matter, contact Carroll & O’Dea Lawyers.
