Including Dependents On Your Visa Application
The Australian Government has introduced far reaching changes to the definition of Member of the Family Unit (MoFU) for the purpose of most visa applications. There are now significant limitations on the class of persons that can be considered part of MoFU and hence be included in a visa application.
Character Assessment of Australian Sponsors of Partner Visa Applications
From 18 November 2016, Australian citizen and permanent resident Sponsors of Partner Visa and Prospective Marriage Visa applications (“a partner visa”), are subject to character testing. In line with current Australian Government strategies to reduce family violence in the Australian community, the new provisions have been introduced to prevent Australians who have committed a relevant offence from being able to sponsor someone for a partner visa.
Changes to laws allowing lodgement of partner visas in Australia

The contents of this article are correct as at 22 September 2009

On 14 September 2009, welcome changes were introduced to the partner visa scheme to allow some partners of Australian citizens and permanent residents who were previously prevented from making an application, to apply for a Partner visa in Australia.

Prior to 14 September 2009, section 48 Migration Act made applicants ineligible to apply for further visas onshore if they have been refused or had a visa cancelled onshore. This usually had the effect of making couples physically separate – the partner visa applicant would leave Australia to lodge a partner visa application offshore and invariably wait many months offshore for processing to complete.

Applicants may now apply for a Partner visa in Australia if they meet the following criteria when they apply:

  1. They must not have had a partner visa refused since they last entered Australia

  2. They must not have had a visa refused or cancelled on character grounds under section 501 Migration Act

  3. They must be sponsored by an Australian citizen, Permanent Resident or Eligible New Zealand Citizen and provide form 40SP with their visa application
  4. They must provide with their visa application two statutory declarations from Australian citizens or permanent residents supporting the existence of their relationship with their Australian partner.
If you believe believe these changes to the partner visa affect you, please click this link to contact and discuss with Visa Lawyers Australia.