[Jimmy38]

Thanks for the great information on this forum!

I have read conflicting information on the Home Affairs website and on this forum about new requirements for sponsors.

Our situation:
I am an Australian citizen and will sponsor my fiancé, who is now in Australia on a tourist visa (mid- July to mid- October). We will get married mid- September, one month before her tourist visa expires. She does not have the “no further stay” restriction on her visa. We made the decision to marry after she came to Australia, and we’ve been in a committed relationship for over a year (though not living together for most of that period). We are now preparing the various documents for the partner visa application and we plan to submit them straight after we are married (one month before her visa expires).

Question(s):
We have seen numerous mentions of a pre-approval process for sponsors. I've read it came into effect on 1 July 2018, but have read elsewhere that it MAY come into effect. The online form doesn’t allow us to click ahead to see what’s next. Is the BVA still issued more or less immediately after the application is submitted (coming into effect when the substantive visa expires)? Or is there an additional waiting period for the sponsor to be “verified”? We had assumed that submitting the application mid-September (after our wedding) would allow plenty of time until her visa expires mid- October, but we are now concerned that this may not be the case. Can anyone who has submitted an application since 1 July 2018 comment on this?

I am aware that Home Affairs can request a Police Check of the sponsor down-the-track, but what we are concerned about is anything that might delay issuing a BVA meaning my partner might need to leave when her tourist visa expires.

Thanks in advance.

 

[Skybluebrewer]

Thanks for the great information on this forum!

I have read conflicting information on the Home Affairs website and on this forum about new requirements for sponsors.

Our situation:
I am an Australian citizen and will sponsor my fiancé, who is now in Australia on a tourist visa (mid- July to mid- October). We will get married mid- September, one month before her tourist visa expires. She does not have the "no further stay" restriction on her visa. We made the decision to marry after she came to Australia, and we've been in a committed relationship for over a year (though not living together for most of that period). We are now preparing the various documents for the partner visa application and we plan to submit them straight after we are married (one month before her visa expires).

Question(s):
We have seen numerous mentions of a pre-approval process for sponsors. I've read it came into effect on 1 July 2018, but have read elsewhere that it MAY come into effect. The online form doesn't allow us to click ahead to see what's next. Is the BVA still issued more or less immediately after the application is submitted (coming into effect when the substantive visa expires)? Or is there an additional waiting period for the sponsor to be "verified"? We had assumed that submitting the application mid-September (after our wedding) would allow plenty of time until her visa expires mid- October, but we are now concerned that this may not be the case. Can anyone who has submitted an application since 1 July 2018 comment on this?

I am aware that Home Affairs can request a Police Check of the sponsor down-the-track, but what we are concerned about is anything that might delay issuing a BVA meaning my partner might need to leave when her tourist visa expires.

Thanks in advance.

I have not heard of the sponsor pre-approval going into effect as of yet and it's not listed on immigration's website as so.

The applicant must complete the online form, then pay to submit it. Once that payment has gone through, the BVA is automatically issued though it doesn't go into effect until the current visa ends. Only after payment can the sponsor complete the online sponsorship form.

A police certificate is listed a requirement of the sponsor as well.

They do update the website when they make changes in the process, so just follow the steps listed there. https://www.homeaffairs.gov.au/trav...820-and-801)-document-checklist#tab-content-1

 

[Jimmy38]

Thanks Skybluebrewer for your quick answer. It is very reassuring. If anyone who has applied since 1 July 2018 can comment it would be good (we'll update this forum after we apply too).

I am glad you reminded us of the Police Check for the Sponsor because I'd missed that. The AFP check seems to be reasonably straightforward, but for countries where the Sponsor has lived for more than 12 months, would it be safe to assume that Immigration would accept confirmation that a police check application has been made in those countries? Presumably police checks in some countries would take months.

 

[Skybluebrewer]

Thanks Skybluebrewer for your quick answer. It is very reassuring. If anyone who has applied since 1 July 2018 can comment it would be good (we'll update this forum after we apply too).

I am glad you reminded us of the Police Check for the Sponsor because I'd missed that. The AFP check seems to be reasonably straightforward, but for countries where the Sponsor has lived for more than 12 months, would it be safe to assume that Immigration would accept confirmation that a police check application has been made in those countries? Presumably police checks in some countries would take months.

If you wait until requested to complete them, then yes you can submit proof within the deadline they give to supply the documents but they won't make a decision without required documents so you'll just further delay the application from being processed. If the wait time for a police check was taking that long, and it's just for the sponsor, I personally would go ahead and just get it moving now. Some people still choose to wait though. You don't have to wait for the request (unless the country you need the police check from requires such a request).

 

[waitingforourlifeinaus]

Thanks Skybluebrewer for your quick answer. It is very reassuring. If anyone who has applied since 1 July 2018 can comment it would be good (we'll update this forum after we apply too).

I am glad you reminded us of the Police Check for the Sponsor because I'd missed that. The AFP check seems to be reasonably straightforward, but for countries where the Sponsor has lived for more than 12 months, would it be safe to assume that Immigration would accept confirmation that a police check application has been made in those countries? Presumably police checks in some countries would take months.

Hi Jimmy

we applied on 31st of July although offshore. It was exactly as Skybluebrewer explained and I, as the sponsor, was not required to put an application in first. I had also heard that the sponsorship changes were going through but haven't seen anything from Home Affairs yet.

 

[ampk]

Yes Jimmy, the sponsor currently does not need pre-approval.

For that to happen it needs to be passed by the Parliament, it has been deferred in the passed.

I think Parliament are sitting again so it can get sneaked through at any time, there will be little to no notice on the change if history is anything to go on.

 

[Jimmy38]

thanks waitingforourlifeinaus and ampk for confirming that the changes havn't been implemented. Much appreciated.

 

[Mayoush]

We applied on 15 august and my sponsor applied for sponsorship approve first and he got it in 15 days before the lodgement of the application our lawyer told us that its the new procedures

 

[Truthfully247]

We applied on 15 august and my sponsor applied for sponsorship approve first and he got it in 15 days before the lodgement of the application our lawyer told us that its the new procedures

If you don't mind can you please elaborate bit more on how the process goes?.i.e., sponsor to be approved first ? Payment must first be made by the applicant after submission of visa, then sponsor does his 40SP and that gets approved first ? sorry, bit lost here.

Thanks

 

[Truthfully247]

We applied on 15 august and my sponsor applied for sponsorship approve first and he got it in 15 days before the lodgement of the application our lawyer told us that its the new procedures

i just checked the DIBP official website, nowhere there mentioned that sponsor need to be approved first ... Does your lawyer know something we don't know yet ?

 

[CCMS]

i just checked the DIBP official website, nowhere there mentioned that sponsor need to be approved first ... Does your lawyer know something we don't know yet ?

You won't find this information on the Department website. You need to go to the Migration Regulations.

For example:

820.22 Criteria to be satisfied at time of decision:

(4)
(a) the sponsorship has been approved by the Minister and is still in force; and
(b) the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence

 

[Skybluebrewer]

You won't find this information on the Department website. You need to go to the Migration Regulations.

For example:

820.22 Criteria to be satisfied at time of decision:

(4)
(a) the sponsorship has been approved by the Minister and is still in force; and
(b) the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence

The other poster was saying the sponsor got approval after 15 days, before the applicant even lodged an application.

So are sponsors needing to now apply first before an applicant even puts in the application and pays the fee? I'm aware the sponsor still needed approval prior but the question is whether the sponsor now applies for approval before the applicant even makes the application.

 

[CCMS]

The other poster was saying the sponsor got approval after 15 days, before the applicant even lodged an application.

So are sponsors needing to now apply first before an applicant even puts in the application and pays the fee? I'm aware the sponsor still needed approval prior but the question is whether the sponsor now applies for approval before the applicant even makes the application.

No, not at this stage, but I believe that is the intention in the future.

I think (based on recent applications I have dealt with) what happens at the moment is that, once the visa application has been lodged, they look at the sponsor first.

If there are no police certificates included or there are any character issues for the sponsor that have not been addressed (even minor ones) you will receive a Request for Further Information. Once the sponsor has been cleared, processing of the visa application can continue.

 

[Truthfully247]

The other poster was saying the sponsor got approval after 15 days, before the applicant even lodged an application.

So are sponsors needing to now apply first before an applicant even puts in the application and pays the fee? I'm aware the sponsor still needed approval prior but the question is whether the sponsor now applies for approval before the applicant even makes the application.

Thank you Skybluebrewer. Yes that was my concern when the poster said approved in 15 days and being informed by the lawyer that the sponsor has been approved.

 

[Truthfully247]

You won't find this information on the Department website. You need to go to the Migration Regulations.

For example:

820.22 Criteria to be satisfied at time of decision:

(4)
(a) the sponsorship has been approved by the Minister and is still in force; and
(b) the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence

Thank you for that info CCMS

 

[Mayoush]

Sponsor applied and get approved in 15 days after he lodge the 40sp and payed the visa fee and told to wait for second approval to let the applicant lodge her application thats what we made and waiting now

Our papers done with a lawyer in sydney, u make me confused is it wrong what he did or what? Plz tell me more information about my procedures

 

[CCMS]

Sponsor applied and get approved in 15 days after he lodge the 40sp and payed the visa fee and told to wait for second approval to let the applicant lodge her application thats what we made and waiting now

Our papers done with a lawyer in sydney, u make me confused is it wrong what he did or what? Plz tell me more information about my procedures

As the system is at the moment, the sponsor application cannot be lodged before the visa application. There is no fee for the sponsor application. Either you have misunderstood the process or someone's telling you fibs.

You lodge the partner visa application by completing the online form 47 sp and paying the application fee.
Then you lodge the online sponsor form 40 sp.

Are you sure you are lodging a partner visa application?

 

[Mayoush]

I understand what u say but Really this is what we did we r in defacto relationship and my partner is making the paper to take me to australia and his lawyer told him that this is the procedures maybe its a different subclasses i dont know i will inform u with any news

 

[ampk]

I understand what u say but Really this is what we did we r in defacto relationship and my partner is making the paper to take me to australia and his lawyer told him that this is the procedures maybe its a different subclasses i dont know i will inform u with any news

This from a Registered Migration agent that does Partner Visa stuff every day.

"As the system is at the moment, the sponsor application cannot be lodged before the visa application. There is no fee for the sponsor application. Either you have misunderstood the process or someone's telling you fibs."

 

[Mayoush]

This from a Registered Migration agent that does Partner Visa stuff every day.

"As the system is at the moment, the sponsor application cannot be lodged before the visa application. There is no fee for the sponsor application. Either you have misunderstood the process or someone’s telling you fibs."

From my side i did not send any papers only he requested my name and address how can i know if its fibes or if he made my application without my papers!

Thats confused im waiting my papers and he said that we should wait approval from immigration

Any suggestion can i do to be more sure plz help cz waiting is confused