Australian Immigration Lawyers Migration Agents in Melbourne » partner visa

Big win for fairness at the Administrative Appeals Tribunal (AAT). Another AR LAW Services feel good partner visa story.

Anthony Robinson — Sun, 28 Oct 2018 03:53:43 +0000

AR LAW Services was retained to appeal a particularly cruel decision by the department of Immigration (DIAC) that had deprived a young man of a life with his lawfully wedded wife for more than four years.

The applicant – a young Australian man who suffers a significant intellectual disability. – had tried on numerous occasions to secure a partner visa for his young wife. The applications – despite being lodged by a well known migration law firm – were consistently refused by DIAC on the grounds that his intellectual disability robbed him of the capacity to understand concepts like “love” “marriage” and consequently DIAC believed he lacked the ability to “sponsor” his wife were she to come to Australia.

AR LAW Services argued that “the chance to love and be loved is not solely the preserve of the gifted and the beautiful but those with intellectual disabilities can to love too”.

So when it was all said and done this case was about discrimination and prejudice. Something that has no place in a fair and just legal process or the rule of law.

And after 3 days before the tribunal AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia.

So if you or anyone you know has an Australian Partner Visa refused, rejected or cancelled contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Big win for fairness at the Administrative Appeals Tribunal (AAT). Another AR LAW Services feel good partner visa story. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Going to the Chapel? Changes to partner visas in the wake of the marriage equality law.

Anthony Robinson — Sat, 13 Jan 2018 06:11:28 +0000

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 was passed through Federal Parliament on the 7 December 2017 which changed the definition of Marriage under the Marriage Act 1961 from a union of ‘a man and a woman’ to a union of ‘2 people’. This change came into effect on 9 December 2017, allowing same sex couples to marry in Australia (subject to some other conditions, see https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/Getting-married.aspx).

The Migration Act 1958 (Cth) has also changed the definition of Spouse in line with changes to the Marriage Act, to allow for a spouse to be of the same or different sex.

A person in a relationship with an Australian citizen, permanent resident or an eligible New Zealander can apply for an onshore partner visa (subclass 820/801) or offshore partner visa(subclass 309/100), or a prospective marriage visa (subclass 300, if you are outside of Australia). You can find more information on partner visas here:

http://www.arlaw.com.au/australian-migration-visa-services/

http://www.arlaw.com.au/australian-visa/before-marriage-equality-ar-law-services-was-winning-justice-for-same-sex-couples/

Under the old law same sex couples could only apply for a partner visa on the basis that they could demonstrate they had been in a de facto relationship for at least 12 months (rather than a spousal relationship). Now, same sex couples who are married can circumvent this 12-month de facto requirement. There are still substantial requirements as to proving a relationship, but same sex couples can now marry to demonstrate their commitment.

The other big change is same sex couples that plan to marry in Australia can now apply for a prospective marriage visa. It may be the case that a couple is in a genuine relationship and want to get married and set up a life in Australia, but the sponsor is in Australia and applicant is overseas (so they may not meet the criteria of a de facto relationship as required for a partner visa). It is a condition of the prospective marriage visa that the applicant travels to Australia and marries their partner within 9 months. They are then eligible to apply for a partner visa onshore.

So if you or anyone you know has applied for a same sex partner visa or is planing to get married to their partner and has had a visa refused or cancelled or has had any issues issues regarding how the changes may effect you book an appointment with us now.

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

The post Going to the Chapel? Changes to partner visas in the wake of the marriage equality law. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Another feel good partner visa story: Big win for fairness at the Administrative Appeals Tribunal (AAT).

Anthony Robinson — Mon, 17 Apr 2017 01:57:10 +0000

AR LAW Services argued that “the chance to love and be loved is not solely the preserve of the gifted and the beautiful but those with intellectual disabilities can to love too”.

So when it was all said and done this case was about discrimination and prejudice. Something that has no place in a fair and just legal process or the rule of law.

And after 3 days before the tribunal AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia.

Consequently if you or anyone you know is about to lodge partner visa or has had a partner visa refused please speak to one of the lawyers at our office for thorough advice on your options.

Call 03 9614 0218 or email info@arlaw.com.au to arrange a free initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

The post Another feel good partner visa story: Big win for fairness at the Administrative Appeals Tribunal (AAT). appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Partner Visa Processing Times – Big Delays DIBP Warns

Anthony Robinson — Sun, 16 Apr 2017 17:22:06 +0000

As a member of one of Australia’s peak migration and visa law bodies AR LAW Services gets information directly and almost immediately from the Minister on important immigration and visa matters like this recent letter which warns that there will be major delays in processing onshore Partner visa applications.

12 April 2017

Law Institute Victoria

ONSHORE PARTNER PROGRAMME MANAGEMENT

–

APPLICATION TIMEFRAMES

I’m writing to inform members of the Law Institute about the current situation in DIBP with Partner processing times.

This year the Department is facing a particularly difficult resourcing environment with pressure to

decrease staff numbers in line with the Government’s wider plans to reduce public sector expenditure.

In the Partner Migration programme this is occurring in an environment of continued high application rates, growing pipelines onshore, and significant fraudulent activity.

Due to the resourcing restrictions, average processing times for most Temporary Partner and

Permanent applications are currently between 16 – 23 months from date of lodgement (s/c 820) and

from date of eligibility (s/c 801/100). The processing times are updated regularly on the DIBP website

As we move into the final quarter of the programme year and focus our efforts intensively on meeting

the annual target by 30 June, we will be giving priority to low risk applicants and those regarded by DIBP as fully front end loaded with documentation that immediately satisfies Partner criteria.

This will result in a departure from our usual chronological method of assessing applicants by month of lodgement. Therefore, you may find that some of your clients receive decisions ahead of others who lodged many months prior. This triaging approach has been endorsed by the Executive as an efficiency measure to identify Partner applications which are potentially of the highest quality and lowest risk for visa places this programme year.

Thank you for your understanding as we try to deal with these management challenges

Yours sincerely

(name withheld)

Consequently if you or anyone you know is thinking about applying for or has applied for a spouse or Partner visa please speak to one of the lawyers at our office for thorough advice on your options.

Call 03 9614 0218 or email info@arlaw.com.au to see if you qualify for a free initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

The post Partner Visa Processing Times – Big Delays DIBP Warns appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Big win for fairness at the Administrative Appeals Tribunal (AAT). Another AR LAW Services feel good partner visa story.

Anthony Robinson — Wed, 01 Feb 2017 06:52:54 +0000

AR LAW Services argued that “the chance to love and be loved is not solely the preserve of the gifted and the beautiful but those with intellectual disabilities can to love too”.

So when it was all said and done this case was about discrimination and prejudice. Something that has no place in a fair and just legal process or the rule of law.

And after 3 days before the tribunal AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia.

Consequently if you or anyone you know is about to lodge partner visa or has had a partner visa refused please speak to one of the lawyers at our office for thorough advice on your options.

Call 03 9614 0218 or email info@arlaw.com.au to arrange a free initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

Partner visa.

Anthony Robinson — Sat, 30 May 2015 03:45:22 +0000

Migration Institute urges Government to reconsider dramatic Partner Visas fee increase The Migration Institute of Australia (MIA), the professional association for Registered Migration Agents (RMAs), is deeply concerned about the 50% increase in the Visa Application Charges for Partner visas, which is to take effect from 1 January 2015. The increase from $4,575 to $6,865 for onshore Partner visas and from $3,085 to $4,630 for offshore Partner visas and Prospective Marriage visas has been justified on the grounds that it is to “fund whole-of-government policy priorities”. MIA National President, Angela Chan FMIA, said that the increase was questionable because of: the size of the increase by 50%; the vulnerable applicants who have been targeted to pay the increase; the lack of any improved service that the increase will bring; and the diminishing importance afforded to family migration. “As important as revenue-raising is for the Government, it must be properly and fairly targeted. “The targets on this occasion are those who have no choice but to pay this exorbitant fee, regardless of their ability or willingness to pay,” said Ms Chan. Ms Chan noted that it was particularly disheartening when the 50% fee increase was seen in the context of the ever-diminishing opportunities for Australian citizens and permanent residents to avail themselves of family visas. “I would urge the Government to reconsider the proposed increase. It can only be seen as an easy option for revenue-raising without presenting a business case for the 50% increase. “This is sadly at odds with the concepts of fair play and respect in the Australian Values Statement which visa applicants are expected to embrace,” said Ms Chan.

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