Migration Amendment Regulations 2022: Relationship Going to End, May be Eligible for PR for Offshore Partner Visa (309/100)
The Migration Amendment Regulations 2022 amend the Migration Regulations 1994 to allow the application of certain ‘relationship cessation provisions’ for Subclass 100 and 309 offshore partner visa applicants and holders in Australia. Amendments were introduced to lessen the adverse effects of COVID-19-related travel restrictions.
These amendments allow temporary partner visa (subclass 309) applicants to be granted their permanent visa in Australia if the application was made during the COVID-19 concession period and the applicant was in Australia at any time during the concession period. Before the amendment, partner visa applicants were required to be located outside of Australia at the time of the visa grant.
When is the COVID-19 Concession Period?
The COVID-19 concession period starts on 1 February 2020 and ends on a day prescribed by the Minister under the Migration Regulations.
What are the Relationship Cessation Provisions?
The amendment provides ‘relationship cessation provisions’ which enable subclass 309 (provisional) partner visa applicants to qualify for a subclass 100 permanent partner visa, despite their relationship with their sponsor having ceased, where any of the following situations applies to their case:
Where the sponsoring partner or spouse has died; or
Where the applicant or a member of the applicant or sponsor’s family unit has suffered domestic and family violence committed by the sponsor; and/or
Where the applicant has custody of at least one child, of whom the sponsoring partner also has custody.
What are the Changes Introduced by the Migration Amendment Regulations 2022?
Prior to the amendment to the Regulations, partner visa holders whose visas had been granted in Australia during the COVID-19 concession period were not qualified to use the ‘relationship cessation provisions’. The amendment guarantees that offshore partner visa holders who are granted their visa in Australia continue to be qualified for the grant of their permanent subclass 100 partner visa, despite their relationship with their sponsor ceasing, provided the ‘relationship cessation provisions’ apply.
Benefits to Offshore (subclass 309/100) Partner Visa Applicants
The amendments allow certain partner visa applicants who have travelled to Australia and who, because of the COVID-19 concession, may remain in Australia until they receive the outcome, which may last for a long time, to be qualified for the grant of their subclass 309 visa and subclass 100 visa, despite their relationship with their sponsor ceasing, in case the ‘relationship cessation provisions’ apply.
Where a partner visa applicant intended to marry their sponsor at the time of application, the amendment enables the grant of a visa on the basis of the ‘relationship cessation provisions' if the applicant is in Australia and was either the spouse or de facto partner of the sponsor prior to the sponsor’s death or the relationship ceasing. This gives the opportunity for visa applicants who were yet to marry their intended spouse, to show that they were in a de facto relationship with their sponsor, in order to be eligible for the grant of a permanent visa.
How Can Agape Henry Crux Help You?
The Australian visa process can be very complex - if you want to find out more about a visa or citizenship application, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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