Thursday 27 October 2016

Migration Legislation Amendment on Partner visa sponsorship

Previously when lodging for a prospective marriage or partner visa, character checks only applied to the visa applicant and not to the Australian citizen or permanent resident sponsor. There has been an amendment to the legislation which took effect from 1 September 2016 which now provides that applicants for a Prospective Marriage (Temporary) (Class TO) visa, a Partner (Provisional) (Class UF) visa and a Partner (Temporary) (Class UK) visa can be requested to:
 
  • provide the Minister for Immigration and Border Protection (the Minister) with a police check from the sponsor and to refuse to approve the sponsorship of all visa applicants if this police check is not provided.
 
In addition the legislative amendment provides that the Minister may refuse to approve the sponsorship of each applicant for the visa if the sponsor has been convicted of a relevant offence and, as a result of those convictions, has a significant criminal record. However, the Minister may approve the sponsorship if he considers it reasonable to do so, having regard to certain matters.
 
The change also allows the Department of Immigration and Border Protection (the Department) to disclose any conviction of the sponsor for a relevant offence to each visa applicant included in the sponsorship, with the sponsor’s consent.

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