Partner visas: sponsor framework and English coming late 2021; electronic passenger cards; COVID-19 visa refunds and waivers

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Announcements last week confirmed the sponsor framework and English requirements for partner visas will come late 2021. Australia will also be moving to electronic passenger cards along with improved a new digital visa product. Visa application charge refunds for some temporary visa holders unable to enter Australia because of COVID-19 is available.

Partner visas sponsor framework and English required from late 2021

By far the biggest announcement on migration in the Federal Budget related to partner visas. The good news is that places for partner visas increased this program year. The bad news for some is that a sponsorship framework similar to that implemented for the Subclass 870 – Sponsored Parent (Temporary) visa will commence as well as an English language requirement.

The Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs announced last week that the sponsor framework will commence in late 2021 for all new partner visa applications.

For a glimpse into what the regulations for the sponsorship framework may look like, the requirement to become a sponsor for an 870 visa may help. Whether sponsors will be required to meet an income threshold requirement is as of yet unclear.

Unlike an 870 visa, though, temporary partner visa holders (Subclass 820 – Partner visas and Subclass 309 – Partner visas) have work rights, and indeed associated Bridging visa A holders who have lodged an 820 visa also have full work rights when this bridging visa becomes active. In some cases, the partner migrant may be making more money than their Australian citizen, Australian permanent resident or eligible NZ citizen sponsor. These may dissuade the need for an income threshold.

Additionally, functional English language or attempts to obtain functional English will also be introduced in late 2021. This will apply to partner visa applicants and their permanent resident sponsors.

Digital Passenger Declarations to replace incoming passenger cards

With Australia now accepting passengers from New Zealand without the need for quarantine, incoming passenger cards are set to become a thing of the past.

Soon Digital Passenger Declarations will replace incoming passenger cards. These declarations will be able to be completed using a smartphone or computer.

The digitisation of information on these documents will accelerate the availability of information when necessary. Contract tracing, a vital aspect in the battle with COVID-19, is just one benefit of having information on these documents available in a digitised format.

Along with this announcement a new digital visa product will be built to facilitate various services. Whether this includes visa applications is not known, however, one type of visa application that will eventually be moving to Internet applications is parent visas.

Visa application charge refunds and waivers available

Lastly, visa application charge (VAC) refunds and waivers will be available for certain temporary visas. VAC waivers were already in place for student visa applications where a new student visa was required due to COVID-19.

Refunds and/or waivers will apply to:

  • Subclass 600 – Visitor visas;

  • Subclass 300 – Prospective Marriage visas;

  • Subclass 403 – Temporary Work (International Relations) visas under the Seasonal Worker Program Stream and Pacific Labour Scheme stream;

  • Subclass 417 – Working Holiday visas;

  • Subclass 462 – Work and Holiday visas;

  • Subclass 457 – Temporary Work (Skilled) visas; and

  • Subclass 482 – Temporary Skill Shortage visas.

There are numerous situations where these are available and the best resource is the Department of Home Affairs’ website.