Changes in Partner Visa from November 2023

The Department of Home Affairs from November 25th allows applicants for Partner (Subclass 309 and 820) visas to be in or outside Australia at the time their visa is granted. Previously, Subclass 309 Partner applicants were required to be outside of Australia, while Subclass 820 Partner visa applicants had to be inside Australia when their visas were granted. This change provides more flexibility for visa applicants.

Previously, applicants for Partner Visa Subclass 309 did not have the right to appeal decisions resulting in visa refusal or rejection. They could apply for a review only through their sponsor. However, as part of the November changes, applicants now have the opportunity to appeal such decisions and they have the right to apply for a review of their application on its merits in their own right, rather than through the sponsor. This provides a more comprehensive and fair avenue for addressing visa refusals or rejections. This change aims to facilitate better access to the review process, especially for domestic violence victims and in other compassionate circumstances. 

Previously the partner visa allocations for year was predetermined. Now the restriction has been removed, and partner visas will now be granted based on demand. As there is no longer an imposed limit on the annual issuance of partner visas, this modification is expected to result in reduced processing times compared to the previous years.

There is now a requirement for partner visa sponsors to be approved first before applicants can lodge their applications. previously the sponsorship form and the visa applications could be lodged together. This change ensures a prior assessment of the sponsor's eligibility, adding an initial step in the partner visa application process.

The Australian Partner Visa program has undergone reforms to enhance the integration outcomes for migrants. Permanent resident sponsors and Partner Visa applicants are now subject to English language requirements. This is part of the reforms to strengthen the integration outcomes of the Partner program.

In conclusion, the Australian Government has implemented several key changes to the Partner Visa program, reflecting a proactive approach to adapting immigration policies to current needs and circumstances. The new policies aim to provide greater flexibility to the visa process.