New Partner Visa Requirements
Published by Nora Lamont on Wednesday 16th of September, 2009
Partner and Child Police Checks
DIAC’s Family & Health Policy Branch has advised the following new arrangements in relation to Partner and Child category visas: assessment of PIC 4016/4018 – requirement for sponsor to provide National Police Check
Background
Measures already in place to protect children who are sponsored for a visa are:
- the Migration Regulations 1994 include public interest criteria that allow for the refusal of a visa when there is compelling reason to believe that the grant of the visa would not be in the best interests of the child; and
- since July 2007, child and partner visa sponsors have been required to disclose any convictions or outstanding charges for offences against children and acknowledge that the Department may inform the visa applicant and any person who can lawfully determine where the migrating minor child is to live about those charges or convictions.
New requirement for a National Police Check (NPC)
When an applicant under the age of 18 is included in an application for one of the visas listed below, the sponsor will be required to provide a national police check:
- Child Class AH & BT;
- Partner Class UF, BC, UK & BS; and
- Prospective Marriage Class TO.
The requirement is to apply to all relevant applications received but not finally determined by Wednesday 16 September 2009 and to all relevant applications received on or after that date.
The information in the NPC will provide the Department with more comprehensive and reliable information for use in determining whether PIC 4016/4018 is met.
Onshore Partner Visa Eligibility
Regarding partner visa applications, section 48 is where an applicant is ineligible to apply for any further visas onshore if they have been refused or had a visa cancelled onshore.
From 14 September 2009, an application for an onshore partner visa is exempt from s48 if the following circumstances exist:
- the applicant hasn’t been refused or cancelled under the s501 character provisions
- they haven’t previously been refused a spouse, de facto spouse or interdependent visa since last entering Australia
- they are sponsored by an Australian citizen, Permanent Resident or Eligible New Zealand Citizen on form 40SP
- they provide two statutory declarations (eg form 888s) declaring it is a genuine married or de facto relationship
Thanks for contacting Lamont Migration. You can apply for a partner visa
and while you are on a 457. It is usually a 2 year temporary visa and then
after the 2 years if you are still together you are granted a permanent
visa.
This visa allows you to enter or remain in Australia on the basis of your
married or de facto relationship with your partner:
on a temporary visa (usually for a waiting period of approximately two (2)
years from the date you applied for the visa)
on a permanent visa if, after the waiting period (if applicable), your
partner relationship still exists and you are still eligible for this
visa.
Your partner must provide sponsorship for you.
This visa is for you if you want to enter Australia on the basis of your
relationship with your partner. Your partner must be one of the following:
an Australian citizen
an Australian permanent resident
an eligible New Zealand citizen.
The cost is $2525 payable to the Department of Immigration.
Currently I am on overseas students visa, but because my average mark is below than 50%, my course has been terminated and I have transferred to another university to study. then my previous university reported me to DIAC, and now I am in the processing of explaining to my case officer. At the same time I recently married to a person who is PR of Australia. My question is: can I apply for partner visa in Australia?
Regards
Jenny
Jenny
Yes you should be able to apply for a partner visa. I have sent you an e-mail in regards to the requirements.
