Changes To The Partner Visa Program [2020 Budget]

Following the 2020 Budget released on 6 October 2020, the Australian Government last night released important details about changes coming to the Partner visa program. This post sets out everything we know so far about the key changes.

The Department of Immigration has announced 160,000 overall permanent migration places in the 2020-2021 migration year. This maintains the usual migration intake and is encouraging news as it suggests that the Federal government is aware of the important role that immigration will play in the COVID19 recovery.

For potential partner visa applicants there are dramatic changes coming to the program. While there is no fixed date for these changes to commence, we anticipate that all the changes will commence in the next six months.

Increased Program Caps

The government has increased the number of yearly places allocated to Partner Visa Applicants. While the government has long denied that the Partner visa program is capped, the number of Partner Visa grants has remained fixed over the past few years at around 40,000 while the backlog of undetermined applications has increased to 100,000.

Following the budget, the government has announced that 72,300 of the 77,300 proposed places in the family stream will be allocated to partner applicants. This means that processing delays might not be as common moving forwards.

No Increase in Visa Application Fees

Unexpectedly, there was no increase in the Partner Visa Application Charge announced. It may be that further Partner Visa Application Charge increases will be forthcoming next financial year.

Prioritisation of Regional Applicants

Budget papers indicate that where the relevant sponsor resides in a designated regional area, the application will receive priority processing. The usual definition of ‘designated regional area’ is all areas outside of Brisbane, Sydney and Melbourne. (However, it is worth noting that the definition of a ‘Designated Regional Area’ for partner visa prioritisation may differ from the usual definition.)

This isn’t a very significant benefit as it primarily benefits individuals who are already settled onshore. However, it may represent a faster pathway to Permanent Residency.

Commencement of the Sponsorship Scheme

While legislation was passed a few years ago, the government has now formally indicated that the family sponsorship framework will be applied to Partner visas.

The sponsorship framework will mandate character checks and the sharing of personal information as part of a mandatory sponsorship application, and subject the sponsor to enforceable sponsorship obligations. These changes will complement existing family violence provisions within the Partner visa program.

This change will:

• 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;
• provide for sanctions if such obligations are not satisfied;
• facilitate the sharing of personal information between a range of parties associated with the program; and
• improve the management of family violence in the delivery of the program by
• allowing the refusal of a sponsorship application; and cancellation and / or barring of a family sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence

In practical terms, the changes under the Partner visa program will require an additional application process for the sponsoring party to be approved (“the sponsorship application”) prior to the visa applicant becoming eligible to apply for their partner visa (“the visa application”).

It is unclear the length of time that the sponsorship application will take to be processed. It is anticipated there will be an additional charge attached to the sponsorship application of around AUD300-400.

It is anticipated that, once the changes have commenced, this new process will lengthen the overall application time for both onshore and offshore visa applications by adding the additional process of the sponsorship application.

If you have the opportunity to apply prior to the changes, this may mean that the overall processing time of your Partner visa is reduced.

The changes will substantively affect you, however, in the following cases:

• if you are progressing a pathway onshore with a substantive visa that is due to expire within the next six to nine months and have not yet applied for a Partner Visa.

If the sponsorship application should turn out to be lengthy process, this may pose concerns for the period of stay for potential visa applicants under their current or proposed visa.

If you are in a position to expedite your visa application, we suggest it may be in your interest to do so. Given the law has already commenced for this change, the Department may implement it at any point.

English Language Requirements

The Government will introduce English language requirements for Partner visa applicants and their permanent resident sponsors. These changes will help support English language acquisition and enhance social cohesion and economic participation outcomes.

At this point, it has not been stated what level of English will be required. We anticipate that the Department will require functional English.

If you are considering applying for a Partner Visa and your partner does not speak fluent English, you should consider applying at your soonest convenience before the changes commence.

COVID-19 Related Visa Application Refunds

Prospective Marriage visa holders will be able to access a VAC refund. Temporary skilled workers and visitor visa holders will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted.

The provision of a refund mechanism for Prospective Marriage visa applicants is strongly suggestive that the government will not extend travel exemptions to Prospective Marriage visa holders. At this stage, there are only limited circumstances where applying for a Prospective Marriage visa will have merit.

How Can We Help

Summit Migration provides free 15-minute, telephone no-obligation consultation. Claim your free telephone consultation today. Call us on (07) 31777609 to speak to a Registered Migration Agent about your matter.

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AAT Processing Times

If you’ve had the misfortune of having a visa application refused or visa cancellation from the Department of Home Affairs, and as a consequence, you’ve lodged and application in the administrative appeals tribunal it’s probably of interest to you how long it would take until there is a hearing for your matter. The wait time to have your matter heard by the tribunal can be an agonizing period of time because due to the fact that not knowing the outcome of your visa can create emotional and financial stresses. The length of time that you wait for a hearing depends on the range of different factors.

Notably, whether there’s cancellation or refusal, the subclass of the visa and the availability of decision makers and the current case load of the tribunal. The AAT recently published processing times for decisions made over the last 6 months. According to the statistics, it appears that partner visa decisions take around 483 days on average and decisions related to temporary skills shortage work visa take around 400 days. Most decisions for other subclasses take a similar indicative period of time. However, bridging visa and visitor visa decisions are usually made within 40 and 264 days respectively.

The process of the administrative appeals tribunal is to first allocate your case to a decision-maker before the hearing date can be set. Cases are allocated to members of the tribunal in a priority and date order. Although from time to time, the tribunal can take a strategic and targeted approach and identify specific batches of visas for early review. Specifically, cases that involve immigration detention have historically been given a priority. Other high priority matters include specific protection visas and visa cancellation cases. For instance, protection visa appeals that stemmed from the protection visa caseload in 2016 were given priority by the administrative appeals tribunal.

The number of applications for review lodged with the tribunal has steeply increasing over the past years as a consequence of the increase in visa refusal and visa cancellations. During the first quarter of 2018 and 2019 financial year over 15,800 new applications were lodged with the tribunal bringing present number of cases on hand the tribunal to over 60,000. This is a substantial and sharp increase in tribunal processing times especially keeping in mind that 3 years ago the number stood at only 22,000. A number of strategies being implemented by the tribunal to curb the backlog and improve the processing times. This is causing efficiency improvements and specific changes to the way cases managed.

It is the hope of the whole team at Summit Migration that these changes will have a substantial impact in the near future and the caseload of the tribunal will return back to 2058 levels. If you’re considering lodging an application for review with the tribunal, there are specific and stringent time limitations. You should consider the time is of the essence once you have received a refusal or cancellation. Contact the registered migration agents at Summit Migration today for a full assessment of your prospects at the tribunal. Summit Migration provides free 15-minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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What Are the Benefits of Australian Permanent Residency

While there are number of compelling reasons why people can choose Australia as a destination to migrate from, many people ask why should they seek Australian permanent residency and what does that permanent residency allow you to do. This article will go through some of the benefits that Australian permanent residents receive.

1. Buy residential property. In most states in Australia, buying residential property that is not new can only be performed by citizens or permanent residents. This is a local policy that was enacted to protect the local housing market from foreign nationals bringing funds into the country and acquiring large tracks of existing housing and at sometimes even entire neighborhoods which would have the effect of pressuring local residents further away from the CBD. These rules stipulate that international purchasers need to buy brand new residential houses or apartments and also be subject to specific tax surcharges which necessarily drive the market price higher than what the local residents would have to pay. Consequentially, once you become a permanent resident, one, you no longer incur any tax surcharge for the purchase of property. Two, can buy second-hand residential property, and three, if your purchasing your first home in Australia, you may even qualify for specific tax incentives.
2. Own restricted work rights. In Australia, there is no work permit, or generic work visa, but in fact, a complex regime of different visas of varying lengths that can restrict you to only work in a given occupation. However, once you become a permanent resident, in most cases you seize being subject to work restrictions and can find a job in any occupation. Additionally, most Australian based organizations hire permanent residents on an almost exclusive basis. In some instances, they may not even consider your CV unless you indicate that you are a permanent resident in Australia.
3. A permanent resident can send their child to a public education system for a subsidized or free right.
4.  A permanent can start a business.
5. Child care rights. In Australia, The child care industry is very much in demand and parents can reserve places in child care several years in advance. Consequentially, per price of child care can be quite inflated specifically in high-density areas, and far for types of care and for particular care, high care environments. However, once you become an Australian permanent resident, you become eligible for child care rebates under Australia’s social entitlement system. A child care rebate assist with the cost of the child care fees and in some cases, can cover for up to 50% of your expenses for child care up to an annual of to be confirmed per child. There are another range for child care rebates as well including the child care benefit which is a direct cash payment to help with child care cost. Once you are settled in Australia, if you meet the income test, you will qualify these benefits immediately.
6. Enroll in Medicare. Like the British health service, Australia has a world class medical health care system. This is under pinned by the Medicare program which is a socialized health care system run and controlled by the federal government across the country. The Medicare system allows for free public hospital care and a range of rebates for particular medical services and certain prescription medications. The vast majority of medical clinics in Australia provide a rebate through Medicare or fully free consultation. Other practices bulk bill in [inaudible]. I higher tiered medical health clinics, there may be a gap between the fee you are required to pay and the level of rebates provided through Medicare. Additionally, under the Medicare program, mandatory immunization is provided free of charge and is mandatory for every resident. Once PR is approved, or alternatively, in certain cases once you have applied for permanent residency, you will be eligible for enrollment into the Medicare system. If your eligibility for social security benefits, if your living in Australia and your permanent resident, it is quite possible that you may be eligible for social security payments. In some cases, you may need to beat a qualifying resident’s period or a newly arrived residence period before you can apply for social security payments. If you are unemployed, or below a certain or failed the means tests or failed to meet the means threshold, you ay be eligible for social security payments. If you have a family with small children, or if you have a disability, or if you are in a special circumstance like a specific crisis, or if you need assistance, then you may be eligible for support payments.

Summit Migration can assist you in your pathway towards permanent residency in Australia. Summit Migration provides free 15 minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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What are my visa options during COVID-19?

What should I Do if my visa is nearing expiry?

If you have a visa that is nearing expiry, it is important that you understand your options.

Becoming unlawful or applying for the wrong visa could affect your rights to re-enter Australia or apply for permanent residency at a later date.

We recommend that your discuss your matter with a Migration Agent who could form a strategy to assist you.

Some of the choices could include:

• COVID19 visa (with work rights)
• Temporary Graduate Visa
• Another Student Visa
• Working holiday Visa
• Partner visa

What should I do if my visa is on the verge of expiring and I don’t have any options?

The Department introduced a new sub stream under the subclass 408 visa in response to the Pandemic to permit the extended stay of temporary visas holders in Australia until the outbreak has subsided.

The criteria for the Subclass 408 (COVID19) is the following:

• in Australia at the time of application; and
• unable to depart Australia due to the Covid-19 Pandemic; and
• either:

• the holder of a temporary visa that is 28 days or less from expiring; or
• the holder of a temporary visa that expired no more than 28 days before making an application for a subclass 408 visa; and
• unable to make a valid application or meet the criteria for:

• the same subclass of visa they currently hold; or
• a temporary visa of any other subclass other than a subclass 408 visa

If you are able to provide a letter from an employer in a critical sector you will be granted work rights but a restriction to work with that employer. Critical sectors include medicine, healthcare, disability and aged care, childcare and agriculture sector.

If you are not able to provide such a letter, the Subclass 408 visa will not provide you with work rights.

What should I do if my visa has accidentally expired?

Firstly, don’t panic! It is important that you discuss your options with a migration agent. If your visa has only just expired, you may be able to apply for another visa if you’re within the required window.

If however, you have missed it entirely and it’s been a few weeks since your visa expired, then you will need to apply for a Bridging Visa E. If you don’t apply the Australian government may detain you. Regardless, this may affect your rights to re-enter Australia at a later date.

How we can Help?

Summit Migration provides free 15 minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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The Travel Ban – Coming To Australia

On 20 March 2020, Australia put in place its travel ban, preventing all but Australian citizens and permanent residents from entering the country.

Applying for an Exemption

Currently, in order to travel to Australia, you must meet one of the existing exemptions.

• You are an immediate family member (spouse, de facto partners, dependent child or legal guardian) of an Australian citizen or permanent resident and you need to travel to Australia now
• You have a compassionate and compelling need to travel urgently
• You need urgent medical treatment/medical evacuation
• You have a critical skill

In order to apply for an exemption, you will either need to hold or have applied for an Australian visa.

Generally, if you have applied for a visa, you should apply for an exemption once your ImmiAccount indicate the visa is subject to ‘Further Assessment’. Having said that, an exemption can be applied for at any time once your visa application is lodged.

If you currently hold a visa, then you should apply at your soonest convenience.

We note that some applicants are finding that their exemption requests are only being considered in the third or fourth attempt, so it is worth applying a few times. There is no fee to apply and you can improve your argument each time. We have had some examples of requests being granted on the tenth request.

If you meet one of the above grounds but are unsure how to provide the appropriate evidence, then you should contact our office for advice. Particularly, if you are seeking to satisfy the criteria of being a ‘de facto’ partner of an Australian citizen or permanent resident as the evidence requirement is quite strict.

Applying for an Exemption – a compassionate and compelling need to travel urgently

There are a number of possible grounds that can meet this criteria:

• You have a pregnant family member in Australia with no other carer
• You hold a temporary visa, are pregnant and the father is an Australian citizen or permanent resident
• You have a family member in Australia with an urgent need for care or support
• You have applied for a permanent visa (eg. 820 or 309) but are offshore and your partner is onshore

If any of these categories are relevant, then you should contact our office for further advice.

Future Pathways – Students

Currently the South Australian government is discussing pilot programs to bring specific student cohorts onshore (See: https://www.abc.net.au/news/2020-08-17/return-of-international-students-amid-coronavirus-defended/12564432). It’s unclear whether these are university or vocational students.

This is an encouraging sign as it suggests that State governments are actively looking at further options to expand the existing exemptions to students. This is entirely an economic decision as states are reliant on the income from student fees.  

Accordingly, it may be worth considering a short course in order to avail yourself of this likely exemption. Generally, the shortest course you can select to be eligible for a student visa is nine months. We set out a list of possible vocational courses that may be worth considering.

• Cert III in Individual Support
• Cert Iv in Individual support
• Certificate III in Fitness
• Certificate IV in Fitness
• Certificate IV in Yoga Teaching
• Diploma of Yoga Teaching
• Diploma of Sports and Recreation Management
• Certificate IV in Massage Therapy
• Diploma of Remedial Massage
• Certificate IV in Dance Teaching and Management
• Diploma in Early Childhood Education and Care
• Certificate III in Individual Support
• Certificate IV in Aged Support
• Diploma of Mental Health
• Diploma of Counselling
• Cert III and IV in Automotive
• Hospitality – Cert III and Cert IV in commercial cookery
• Diploma of hospitality management
• Diploma of leadership and management
• Diploma of business
• Diploma of IT
• Diploma of Tourism
• Telecommunications
• Cert IV – accounting

If this pathway is of interest to you, please contact us and well will provide you with a free consultation with one of our education agents.

Future Pathways – Fiancés and fiancées

We anticipate that the ‘immediate family’ exemption will eventually be broadened to include fiancés and fiancées of Australian citizens or permanent residents.

If you are in this category, we strongly recommend you contact your local federal member and request that they advocate for the exemption criteria to be expanded.

The following link allows you to find your local member. You should let them know that you or your partner are currently subject to the travel ban and that it is affecting you adversely.

https://www.aph.gov.au/Senators_and_Members/Members

What if my ‘Must Arrive By’ Date is approaching?

If you currently hold a visa with a ‘Must arrive By’ date, you can contact the Department and have this date extended.

Our office would be happy to assist visa holders in requesting that this visa requirement be waived.   

Further Assistance

Summit Migration provides a free fifteen-minute consolation to all potential applicants. Please feel free to contact us on the number on the top of the webpage to discuss your options moving forwards.

This blog post does not constitute legal advice but is general information only.

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Can you pass the Australian citizenship test?

Get ready for the Australian Citizenship Test Online with our free practice tests. Take the test as many times as you like. Increase your learning with detailed answers. Get immediate results and tailored feedback.

In order to participate in the Australian Citizenship ceremonies and become a new citizen, you need to take the Australian citizenship test.

The age of most applicants is between 18 and 59 years old when the application is submitted, these applicants need to sit the citizenship test. If the applicant is under the age of 17 or over the age of 60 when the application is submitted, they do not need to sit the test.

This test contains questions from all 3 testable sections. Questions in the test are based on the following three topics:

–          Australia and its people

–          Australia’s democratic beliefs, rights and liberties

–          Government and the law in Australia.

The Australian citizenship test is a computer-based multiple-choice test in English and consists of 20 questions drawn randomly from a pool of questions. You need to answer at least 15 questions correctly to pass the test.

We strongly recommend that you take the time to practice. In addition to these the practice tests provided by Summit Migration, be sure to view the Department of Home Affair’s resource; Australian Citizenship: Our Common Bond. This document is available in many different language options for download.

Take the Summit Migration Practice Tests:

–          Australian Citizenship Practice Test 1

–          Australian Citizenship Practice Test 2

–          Australian Citizenship Practice Test 3

These are our closest versions of the actual Australian Citizenship Test – it contains the same passing score and the same number of questions as the real test.

What to expect on the day of the Australian citizenship test?

After the application is submitted, an appointment is created after the department assesses the application. The applicant is given a date, time, and place for the appointment in writing through your listed method of communication. Instructions to reschedule are given in the submitted letter. You can find the nearest testing centre by following this link.

The day of the test be sure to arrive on time or early. At the testing centre, a staff member will interview the applicant, verify the identity of the test taker, check the original documents, take a photo of the applicant, and confirm the test is ready to be taken.

Be sure to arrange childcare ahead of time, as no children are allowed in the test centre.

The applicant will use a computer at the testing centre and the results of the test will show straight after it is completed. Be sure to inform a member of staff if the computer screen is not readable or have difficulty using a computer mouse. Test resource materials are not to be brought into the testing venue and place personal belongings under the desk during the test.

If you do not follow the test rules the staff will ask rule breakers to leave.

–          Turn off mobile phones and put them away

–          Do not talk to other people

–          Do not use any books, paper or other material to help with the test

–          Do not copy answers from anyone

–          Complete the test within 45 minutes

–          A raise of a hand will get help from a staff member if help is needed with the computer

–          Taking the test alone is mandatory, the only exception is receiving help from the staff

Any test taker that has low computer skills can request help from the staff.

If an applicant has poor English skills, there are options for assistance. An applicant is not allowed to bring anyone with them to help with the test. If the applicant cannot read English, listening to the questions is an option, ask the staff for assistance. The department may offer an assisted test if the applicant has asked for it in your application, completed at least 400 hours of English language tuition under the Adult Migrant English Program (AMEP), and been assessed by the AMEP provider as not having the reading skills needed to take the test without help. A longer time limit is given to applicants with the assisted test, 90 minutes to complete the assisted test.

If the applicant passes the test, processing of their application will continue and the department will write to you when a decision has been made on your application.

If you fail the test, the applicant can, retake the test on the same day if possible or re-book the test for another time, especially if more time is needed to prepare.

There is no charge you for taking the test again and failing the test does not affect a permanent visa or stop the applicant from living in Australia.

Summit Migration provides a cost effective, online, representation and assistance in applying for Citizenship by Conferral. Find out more here.

If your application for citizenship has been refused, Summit Migration can assist with you an application for review.

Our Immigration Lawyers can advise you on which Citizenship Pathway is most appropriate for you. Please contact us today for further information and advice.

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Cancellation or Refusal on Character Grounds

Summit Migration regularly assists visa holders who have had their visas cancelled or refused if the Minister or delegate of the Minister is not satisfied that the visa applicant passes the character test.

Under Section 501(3A) of the Migration Act 1958 (Cth), the Minister or the delegate must cancel a visa that has been granted if:

(a) the Minister is satisfied that the person does not pass the character test because of the operation of:

(i) the person has a substantial criminal record (i.e. sentenced to a term of 12 months imprisonment or more); or

(ii) the person is convicted of one or more sexually based offences involving a child; and

(b) the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth, State or a Territory.

While unfortunately there isn’t any possibility for review of this mandatory cancellation obligation the Migration Act 1958 (Cth) provides under section 501CA a power to revoke this decision.

Visa holders who have had their visa cancelled under Section 501 will receive a letter from the Department of Home Affairs advising you that their visa is cancelled. 

This letter provides strict time limits to apply for revocation to the Administrative Appeals Tribunal. Specifically, the letter notes you have

• 28 days if a staff member from the Department handed you the letter; or
• 35 days if the Department posted you the visa cancellation letter.

If you don’t apply before the deadline, then you will not be eligible to apply for revocation of the visa cancellation decision. This is a firm limitation date. If you miss it you will be deported once your custodial sentence has finished.

The Department of Home Affairs still has the power to cancel your visa on ‘character grounds’ and if the Department of Home Affairs chooses to use this power, you may receive a letter called a ‘Notice of Intention to Consider Cancelling your Visa’.

Even if you apply for a revocation of the decision, you still have two options available to you.  These options are:

• Applying to the AAT within 9 days of the Department denying your revocation request; or
• appeal the Minister’s decision in the Federal Court of Australia, but you must have the grounds to do so.

However, if it was the Minister who directly made the decision, you are barred from going to the AAT and then your only option is to appeal directly to the Federal Court.

If you are in Immigration Detention or Custody and you suspect your visa has been cancelled, you should contact an Immigration Lawyer immediately to assist.

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