By Migration Agent Sydney | Australian Immigration, Australian Visa, Australian Visas, Immigration Agent Brisbane, Immigration Agent Melbourne, Immigration Agent Perth, Immigration Agent Sydney, Immigration Lawyer Brisbane, Immigration Lawyer Melbourne, Immigration Lawyer Perth, Immigration Lawyer Sydney, Migration Agent Brisbane, Migration Agent Melbourne, Migration Agent Perth, Migration Agent Sydney, Migration Lawyer Brisbane, Migration Lawyer Melbourne, Migration Lawyer Perth, Migration Lawyer Sydney, Visa, Visa Appeals | 17 Nov 2016
The Australian Government is committed to reducing violence in the Australian community, including family and sexual violence. As part of this commitment, amendments to the Migration Regulations 1994 will come into effect from 18 November 2016.
Sponsors of Partner and Prospective Marriage visa applicants who lodge a visa application, on or after 18 November 2016, will be required to:
Migration legislation defines a relevant offence as an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving any of the following matters:
The changes do not affect visa applications lodged before 18 November 2016, even if the sponsor submits their sponsorship form after 18 November 2016. The changes only apply where the visa application is made on or after 18 November 2016.
No. Applicants who already hold a subclass 309 or 820 visa and are waiting for a decision on their subclass 100 or 801 visa are not affected. This is because they lodged their visa application before 18 November 2016.
The visa application may be refused.
The visa must be refused.
If a sponsor has convictions for a relevant offence but no significant criminal record, a visa cannot be refused on that basis. In those cases, the department will still disclose the convictions to the visa applicant(s) to allow them to make an informed decision about continuing with their application.
If a sponsor has convictions for a relevant offence and a significant criminal record, the visa must be refused, unless it is considered reasonable not to refuse. All the circumstances of the case will be taken into account when considering if it is reasonable not to refuse, including but not limited to:
A sponsor has a significant criminal record in relation to a relevant offence if, for the offence(s), the sponsor has been sentenced to:
A sponsor is not required to consent to the department disclosing these convictions. Even if the sponsor has consented, the department will not disclose convictions for relevant offences that have been quashed or otherwise nullified.
If the effect of the pardon is that a sponsor is taken never to have been convicted of the offence(s), the sponsor’s consent to the disclosure of conviction(s) is not required. The department will not disclose those offences to the visa applicant(s) even if the sponsor has consented.
No. The visa application charge cannot be refunded in those circumstances.
Applicants and sponsored are urged to consider carefully what effect, if any, these changes may have on the prospect of having a visa application granted before they make an application.
Sponsors can apply for an AFP NPC through the AFP website at https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks