Will the big changes to partner visas in 2021 affect your visa application?
The Federal Government recently announced some big changes for the partner visa programme in 2021. Some of these changes are temporary, while others are permanent and will have a lasting impact in years to come. Many people are already asking how these changes will affect them. We will summarise what these changes are so that you can see whether they will impact your relationship and plans to be with your partner in Australia.
Two step partner visa process
Currently, the process for applying for a partner visa involves lodging the sponsorship application by an Australian citizen or permanent resident as well as the visa applicant’s partner visa application at the same time. Both the sponsorship and visa application are assessed together. This is due to change this year.
The new process will be split into two steps, similar to the way employer sponsored visas work. Firstly, the Australian citizen or permanent resident sponsor will need to lodge their sponsorship. This will need to be approved first before their partner can lodge their partner visa application. This will mean that the time taken to lodge a partner visa application will be delayed by the sponsorship process.
There is no indication on how long a partner sponsorship will take to approve. If you’re caught by these changes and you have another visa that is about to expire before your partner’s sponsorship is approved, then you will need to have a backup plan to extend your stay in Australia.
New English language requirements
For the first time, partner visa applicants will be required to show that they either have a functional level of English or have made reasonable attempts to learn English. The Federal Government claims that this will ensure that new migrants can maximise their opportunities in Australia and make it easier for them to fully participate in Australian society and democracy. This will be supported by the expansion of free English language classes through the Adult Migrant English Program (AMEP). Applicants will be required to meet the English language requirement at the time that the second stage permanent partner visa is granted. This means that there will be plenty of time after being granted your temporary partner visa (Subclass 309 or 820) to make use of those free English classes!
Offshore partner visa applicants can be granted onshore
Applicants who lodged their partner visa outside of Australia and are currently in Australia on a visitor visa or another type of visa, will soon be able to have their partner visa granted without needing to go offshore. The Department of Home Affairs has introduced this temporary concession which will commence on 27 February 2021 to ensure that certain applicants who are in Australia and are not able to travel offshore because of COVID-19 travel restrictions can be granted the visa. This is a welcome relief if you’re one of the thousands of partner visa applicants who are currently in Australia and have been unable to travel back to their home country during the pandemic.
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Increase annual intake for partner visas
As part of the Federal Budget announced in October 2020, there will be an increase in the annual intake of family visas for the 2020-21 financial year with 77,300 places set. Out of this total, 72,300 will be allocated to partner visas which is almost double the 37,118 partner visas granted in 2019-20. Applicants with sponsors residing in regional areas will be prioritised. This increase in the partner visa intake will go a long way in reducing the processing times of existing partner visa applications that are currently pending. Hopefully there’s not long to go before good news arrives for the many people who have been patiently waiting for months and years for their partner visa to be granted!
Extended duration for subclass 300 visa holders
While Australia’s borders remained closed, many people who were granted prospective marriage visas (subclass 300) were unable to enter Australia to marry their Australian partner within the 9 month validity period of the visa. The Federal Government has introduced changes that will allow those who were holding a subclass 300 visa that was valid between 6 October 2020 and 10 December 2020, an extended validity period on their visa until 31 March 2022. This means that these visa holders who were outside Australia on 10 December 2020 will be given up until 31 March 2022 to enter Australia and marry their partner.
Refunds for subclass 300 visa holders
The Federal Government is also offering refunds to those who were holding prospective marriage visas that expired prior to 6 October 2020 and were unable to enter Australia. This will allow these visa holders to apply for another visa to travel to Australia and marry their partners once travel restrictions are lifted. The government has indicated that any new application from those who obtained a refund on their expired subclass 300 visa will have their application prioritised.
We’re here to help with partner visas
At Titan Migration, there is a strong focus on partner and prospective marriage visas. We have a wide understanding of the legislation and policy behind the partner visa programme and can explain it to you in a way that is easy to follow. Our advice and assistance can ensure you have a higher chance of success with your partner or prospective marriage visa application. If you would like to discuss your partner or prospective marriage visa matter, contact us or book a consultation.
Want to know if you’re now eligible to apply for the partner visa?
Fill in our Partner Visa Pre-Assessment form
About Peter Chang
Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.
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