A welcome change to Partner (Subclass 309) visa dependent requirements for persons sponsored by Unlawful Maritime Arrivals
Previously, Ministerial Direction 80 provided Partner visa applicants who were being sponsored by unlawful maritime arrivals (UMAs) with the lowest processing priority, often resulting in exceedingly lengthy processing times of up to or around 10 years. As a result, many secondary visa applicants who were being included in the Partner visa application as a dependent child often lost their eligibility to be granted a Partner visa if they turned 23 years of age while the Partner visa application was still being processed by the Department, as children who are 23 years of age or older are not generally considered members of the primary visa applicant’s family unit (with limited exceptions).
With effect from 3 April 2024, Partner (Subclass 309) secondary visa applicants who:
lodged their Partner visa application before 9 February 2023; and
have not yet had their Partner visa application finally determined; and
were previously affected by Ministerial Direction 80;
will now still be eligible for the grant of a Partner visa even if they have turned 23 years or older at the time of decision.
This is a welcome change as it means that secondary Partner visa applicants will still be eligible for the grant of a dependent Partner visa along with the primary visa applicant, as long as they can demonstrate that they are wholly or substantially reliant on the primary visa applicant (or the primary applicant’s spouse/ de facto partner) for financial support (to meet the secondary visa applicant’s basic needs for food, clothing and shelter), amongst other requirements.
However, this change will not benefit Partner (Subclass 309) secondary visa applicants who:
lodged their Partner visa application after 9 February 2023; and/or
have already had their Partner visa application finally determined.
If this change does not benefit you and you are a secondary applicant sponsored by a UMA who will soon be turning 23, potentially before the finalisation of your Partner visa application, we strongly recommend that you seek advice about your options as you may be eligible for priority processing of your application by the Department.
If you were refused a Partner (Subclass 309) visa prior to this change, on the basis that you turned 23 years of age before the finalisation of your visa application, we strongly recommend that you make an appointment to speak to one of our lawyers about your review (i.e. appeal) options and any other visa options you may have.
Should you wish to discuss your eligibility for a Partner Visa, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.
