Changes to the Australian Partner Migration Scheme

Published: 15/09/2009

Legislative changes to the onshore visa applications in Australia have come into force.

Since 14th September 2009, section 48 of the Migration Regulations 1994 has been amended to reflect the changes, which directly relates to the circumstances in which an applicant who has had a visa refused or cancelled offshore is not eligible to apply for a further onshore visa.

The changes will allow some partners of Australian citizens, Australian permanent residents or eligible residents of New Zealand to apply for visas that relate to their personal circumstances, such as a partner visa or spouse visa. Such applications require declaration and proof that the relationship is genuine and on-going, either as a married or civil partnership or de facto status.

Further clarification has been issued by the Department of Immigration and Citizenship (DIAC) to ensure that potential applicants are aware of the criteria that they must meet. For example, a person wishing to apply for a partner visa must not have had a visa cancelled or refused on character grounds, nor must they have had a partner visa refused since their last entry to the country.

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