Under Australia’s current immigration system, sponsorship for family visas is assessed and combined with the applicant’s visa criteria which means there is no distinct mechanism for sponsorship assessment.
The specific requirements pertaining to sponsorship varies depending on the type of family visa, however, for most visas, such as a partner visa, there are minimal checks on the sponsor’s background (unless a child under 18 is included in the application).
Additionally, there is little accountability required of the sponsor. While a sponsor is required to undertake certain responsibilities, such as providing financial assistance and accommodation to the visa applicant for the first two years from the date of the grant of the visa, under the current system these undertakings are unenforceable and there are no consequences for non-compliance.
The Australian Government believes that this system has led to problems, particularly within the partner visa category. One of these problems is that Australians who have a violent history, including against family members, have the ability to sponsor non-citizens without previously disclosing their history to the visa applicant or the Department of Immigration and Border Protection.
In attempt to combat these problems The Migration Amendment (Family Violence and Other Measures) Bill (Bill) was introduced to parliament on 16 March 2016.
The Bill aims to introduce an assessable sponsorship framework for family sponsored visas and includes the following:
- Requirement for a separate sponsorship assessment process;
- Requirement for a person to be approved as a sponsor before a visa application can be made;
- Imposition of statutory obligations with real consequences on approved sponsors; and
- Enabling the refusal, cancellation, or barring of a sponsorship application in situations of family violence.
The Bill is yet to be passed by both houses of parliament so, at this stage, it remains to be seen whether this will become legislation. Further updates will follow in due course.
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