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Big Breakthroughs for Partner Visas!

Starting July 1, 2024, there are big changes in the migration laws for partners and potential partners of Australians.

These changes are designed to ease visa requirements for current, future, and intended partners. They will apply to visa applications submitted before July 1 but not finalized, as well as to new applications submitted after July 1, 2024.

Here’s the key list, friends:

1Holders of the prospective marriage visa (Sc 300) no longer need to continue being sponsored if the relationship ends due to the sponsor’s death, having a child of relationship, or family violence.

2 Holders of visas SC309 and 100 no longer need to be in Australia at the time of the decision to access the death of sponsor provision or the child of relationship provision. Applicants can now access these provisions even where they have not entered Australia at any time since the lodgement of the visa application.

3Holders of visas SC309 and 100 no longer need to be in Australia at the time of the decision to access the family violence provision and replace it with a requirement to have entered Australia since lodgement of the visa application. 

4 Holders and some former holders of the prospective marriage visa (SC300) can apply for the partner visa (SC820/801) and get it under the relationship cessation provisions, where they did not marry their former sponsoring partner. However, former SC300 visa holders will not benefit from relaxed rules in case of the sponsor’s death.

5 Family violence provisions have been extended and can now be accessed by Sc 300 visa holders and certain former Sc 300 visa holders that did not marry their sponsor as the wording has been updated to include a prospective spouse.

6 Holders and some former holders of the SC300 visa can apply for and be granted a Partner (Sc 820/801) visa under the provision where the applicant and sponsor have a child together.

7 The SC300 visa can now be granted onshore or offshore but applicant must still apply for Prospective Marriage (Sc 300) visa from offshore.  

8 The right to review decisions for SC300 visa applicants is guaranteed for refusals made before, during, or after July 1, 2024.

9 All applicants for the partner visa (SC820/801) no longer need to demonstrate “close business, cultural, or personal ties” to Australia if their sponsor has died.

Honestly, I hope none of you have faced these difficult circumstances. However, I want to highlight how the law is becoming more humane towards applicants. At the same time, these changes could create more opportunities for people who wish to abuse the system, if you know what I mean.

These rules are very new, so we can not comment yet on how DOHA will work with real cases. Remember, Australian society takes domestic violence very seriously. If you find yourself in such a situation, please contact a special organization providing assistance in domestic violence. Those organizations are government funded and can also provide free migration assistance to support visa applicants.

Find supporting organization in your state following the link: https://www.dss.gov.au/ending-violence/help-and-support

You can ask me questions at any time.

Just email me at office@yuliamoiseeva.com.au and describe your migration issues!

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