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Immigration Daily News Partner and Prospective Marriage Visas Lodged Under New Arrangements from 1 July 2018Australian Immigration Daily News
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Partner and Prospective Marriage Visas Lodged Under New Arrangements from 1 July 2018
The newly created IMMI 18/103 is set to vary the requirements for making a valid application for the specified Partner visas, to address amendments made to the Regulations, specified in the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018. The changes to the Regulations allow for the specification of the required application form and address for lodgement of a visa application to be specified in the instrument rather than directly in Schedule 1 to the Regulations. This decision is somewhat of significant shift in eligibility assessment of the below mentioned applications given that both practitioners and well as visa applicants have historically relied on Schedule 1 requirements to source this information.
Relevant Points of Interest Include:
Schedule III of Immi 18/103 The instrument IMMI 18/103 operates to specify the approved form, place and manner for making an application for the following visas:
a. Partner (Residence) (Class BS) visa;
b. Partner (Migrant) (Class BC) visa;
c. Partner (Temporary) (Class UK) visa;
d. Prospective Marriage (Temporary) (Class TO) visa; and
e. Partner (Provisional) (Class UF) visa.
The reasoning behind this move is providing for the form, place and manner to be specified in the instrument which will allow more flexible and responsive legislative changes to the required forms or changes to addresses for lodgement of the specified visa applications.
Further, the instrument provides for the use of a specified online form for the specified visa applications. The instrument does not allow in-person lodgement for specified Partner visa applications; however, paper applications will still be accepted in compelling circumstances and only if the applicant receives written authorisation from an officer of Department of Home Affairs (‘the Department’) prior to submitting their application.
In all cases other than subclass 801 and 100 permanent partner visas, combined applications for provisional marriage visas can be made to include a dependent child a single a single online form applicable to subclass, 820, 300 or 309 applications.
New instrument is expected to be in force on 1 July 2018.
Comments
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Monday, 18 June 2018Any Fee changes announced?
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Tuesday, 19 June 2018
What happens? when one of the partner is Australian citizen and the other one is illegal, They are now married and they both have a baby from their marriage. To make it easy on them I usually request that illegal applicant applies from overseas as any other way is a very long long
process in application is lodged on shore. any ideas -
Tuesday, 19 June 2018
Person who had been sponsored 10 years ago
got the 801 visa within the year divorced and started a de-facto relationship from which they had a baby the relationship ended in separation. So after 10 years Australian Citizen now. he went to visit his family overseas and met and married his present wife (A single mother with a child of 4 years) she is in australia with her child on a tourist visa and applicants and australian citizen wants to lodge a partner visa on shore. Applicant had been sponsored twice but he never sponsored anyone till today. -
Wednesday, 27 June 2018
Sponsorship Limitation.
Immigration blog
Surely it has always been the case that applicants were usually completely unaware of the existence of Sch 1 and Sch 2? I have believed that Immi officers are more tolerant of applicants NOT using an RMA than they are towards us as RMAs.