Do I need financial support or assurances to support partner visa applications?
Today we’re talking about financial support and evidence of financial resources as a sponsor of a partner visa application.
I have recently received questions about financial support and whether the sponsor needs to have funds in their bank account, how sponsors can show they can fund the applicant, and similar questions.
There is also a lot of misinformation, usually about people and companies making money by lending to sponsors to “show” that they have enough in their bank accounts.
Yes, this is a common practice for partner visas around the world, including the United States and the United Kingdom, where a sponsoring partner must be employed and earn a salary above a certain amount of money before they can sponsor their partner. Australia is however Not A country where sponsors have to cross a certain threshold before they can sponsor. Thank God!
Simply put, there is no need to provide support for partner visa applications.
Let me summarize for you why this confusion exists. This is very similar to the changes in the process announced last year where there was confusion about sponsorship requirements.
Partner visas do not require assurances of support
Partner visas are part of the Family Visa Streams or the Family Migration Program. Most family visas require a sponsor and assurances of support. Partner visa not. When the changes were made to the process, many migration agents incorrectly reported that sponsors from Partnervisa had to submit a separate application to become approved sponsors first. A prerequisite for being a recognized sponsor in the Family Stream is to show that you have enough money. If they had read (and understood) the legislation further, they would recognize that attention to detail really pays off. While the new procedure for partner visa applications applies, in order to become a recognized sponsor for partner visas, sponsors only need to be able to fund their partner during the two years that the visa application is processed. Evidence of this is actually a sponsor’s obligation, which means that the sponsor agrees to be financially responsible for the partner.
Financial aspect of the relationship
The only other time that you need to prove the finances in your partner visa application is how both of you, as a couple, managed your finances in your relationship. This is also known as the financial aspect of the relationship and is one of the four criteria for the department to consider a relationship.
Here you need to show how you and your partner shared your expenses, managed your finances, summarized your finances, liabilities, or assets. I wrote extensively about how you can demonstrate the financial aspect of your relationship. Further details and sample evidence are included in the book.
Full court hearing confirming that no money needs to be shown in the bank account
A recent court case further confirmed that there is no need to prove that you have money in the bank during processing time. That said, it is enough to say that you are able to support them without actually proving that you have the money in your bank to meet the requirements of the “financial aspect”. This case shows that it is not a legal requirement to provide bank statements or assurances to support partner visa applications.
in the Babar v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs  FCAFC 38 (March 12, 2020) Mr. Babar was denied a visa because his partner was not considered a recognized sponsor. After some legal remedies (you can read the full case and justify using the link above), the full court ruled that when the visa application was refused, the clerk superimposed additional requirements that went beyond the requirements of the regulation.
In particular, Rule 1.20 only requires that the sponsor commit. It does not mean that the clerk is authorized to approve a sponsor based on this criterion (as with the clerk, all four aspects of the relationship must be considered, not just one). In addition, the sponsor does not have to demonstrate that he is able to meet the requirements in Reg 1.20.
what does that mean to you?
Absolutely nothing has changed, and in fact you now know more about the process and can go to court to assist you as well.
In practice, however, make sure that you can support your partner and yourself during the processing period. With partner visas that take up to two years to be approved, your partner may be ashore and unable to work (depending on the type of visa he or she holds when applying for a passport, regardless of whether passport A was introduced or not etc.) can be financially difficult for both of you. Australia is an expensive country and although you don’t need to show that you have a fixed amount of money in your bank account, you should take this into account before applying.
To sum it up again:
- There is no guarantee of partner visa support
- You don’t need to have money in the bank or other means to demonstrate that you have enough finance to support your partner during the processing period
- There is no fixed amount for how much money you have to prove
- Clerks cannot refuse your visa because you have not provided proof that you can support your partner financially
The Australian Partner Visa Guide goes into more detail about proving the financial aspect of your relationship and what evidence you could provide. The exemplary legal statements also show you how to write about it and how to describe your financial situation in a way that would make sense for the clerk.
Remember, the financial aspect of the relationship is how you manage your finances as a couple so as not to show that you are giving each other money or that one has enough money to support the other.
That’s all folks, I hope you found a little relief when you knew that your eligibility to sponsor your partner to Australia does not depend on how much money you have in your bank Account. And don’t let anyone make you think so (I see you as an unscrupulous moneylender and poorly informed migration agent).
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