The MIA NSW/ACT Branch Committee held a meeting Monday with Fiona McCulloch, Director, Program Deliver, Partner Migration (Temporary and Provisional) and members of her team.
The very useful meeting covered a range of issues that needed clarification and notes from the meeting are below:
- Processing: “decision-ready” applications
There is currently a back log of about 20,000 onshore applications and about 20,000 offshore applications. Current processing times are between nine and 12 months.
Applications are processed in date order, but exceptions are made for compelling and compassionate cases, or for applicants being held in detention.
However, applications are triaged, and if an application is decision ready, it will be given to a case officer and processed quite quickly (often in a matter of a few weeks, or even days, although it may take longer if security checks from third party organisations are needed).
Decision ready means that all documentation has been submitted with the application, and there is nothing outstanding, including health and penal clearances (police checks).
For some countries, it is not possible to apply for a penal clearance until a visa application is lodged with DIAC, and DIAC either provides a letter requesting the penal clearance, or the visa application acknowledgement letter is used to request the penal clearance. In such cases, the visa application is not regarded as decision ready at the time of application.
Note: for Partner visas, there is no Decision Ready Checklist (DRC), as there is for Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) applications. Nevertheless, it would be advisable for agents to indicate in a covering letter that the application is decision ready, and to ensure that all relevant forms, certificates and Public Interest Criteria (PIC) (eg, health and police checks) are at the top of the application. This will enable the triaging officer to easily determine if the application is decision ready.
The DIAC Partner section is implementing a system of “trigger events” to alert on a weekly basis when an application becomes decision ready. This is based on the receipt of PIC information. This could be, for example, when outstanding penal clearances are received by the Department.
Migration agents are also able to alert DIAC to the fact that an application has become decision ready by emailing the office processing the application.
To expedite the decision ready process, the DIAC website checklists will soon be updated to suggest that health checks for Partner visa applications should be done before the visa application is lodged.
Note: While the Department has the ability to extend the validity of health checks, up to six months, it would be sensible to obtain a new health check for a client if the current health check validity is about to expire. (eg, it was done 11 months before the application.)
- Permission to work while on Bridging visa
The Partner section is able to change Bridging visa conditions for Partner visa applicants, and is taking a reasonable approach to requests for permission to work from Partner visa applicants who may be facing a long wait for their applications to be processed.
For example, requests for permission to work might suggest that a waiting period is too long to be without work and could lead to the applicant losing practical occupation or career skills.
The MIA again raised the ongoing problem of some case officers in overseas posts contacting visa applicants without informing migration agents. This is contrary to law and policy. Case officers must inform a migration agent if they have contacted a visa applicant who has a registered migration agent.
The Partner section will be requesting the overseas posts to ensure that case officers understand this.
Where case officers are not complying with this, it is advisable to copy in the principal migration officer at the relevant overseas posts in any communication with the case officer about this.
- Onshore payment of Offshore Partner visa Application Charges
Payments for offshore Partner visa applications can be made onshore by RMAs. To do so, simply phone 131 881 and set up an account.
- Lodgement of onshore Partner Visa applications
While DIAC’s preference is for onshore Partner visa applications to be posted or couriered, it cannot prevent Partner applications being lodged at a DIAC office in person, as is sometimes necessary when, for example, current visas are about to expire.
DIAC is currently trialling a “drop-box” for Partner visa applications in Perth and Sydney. The MIA will monitor Members' experiences with this trial.
Most applications do not require interviews. Where a case officer requires clarification or further information, this will usually be done by phone or email.
It is not yet know when PIC 4020 will be extended to Partner visas.
- Trends in Partner visa applications
There is growing number of Protection visa cases become Partner visa cases, and some of these can have significant integrity issues. The Department endeavours to find the correct balance between streamlining procedures and ensuring integrity issues are well managed.
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