Amendments in relation to Contributory Parent visa holders sponsoring a partner

From 1 July 2009, amendments have been made to the Migration Regulations to prevent persons who are granted a permanent Contributory Parent category visa (subclasses 143 and 864) from sponsoring their partner for a Partner or Prospective Marriage visa for five years from the day of their visa grant, if they:

• were granted their permanent Contributory Parent category visa on or after 1 July 2009; and
• were in a spouse or de facto partner relationship on or before the date their permanent Contributory Parent category visa was granted and now wish to sponsor that partner.

This limitation may not apply if the partner had compelling reasons, which are not financially related, for not applying for the permanent Contributory Parent category visa at the same time as sponsor. Examples of situations that might amount to compelling reasons may include:

• same-sex de-facto partners who were unable to include or add their partner to their parent visa application; and
• bridging visa holders who last held a temporary Contributory Parent category visa and who have already lodged their permanent Contributory Parent category visa prior to 1 July 2009 and are unable to add their partner to their permanent Contributory Parent category visa application.

These amendments were made to support the Government’s policy intent of ensuring that parents and their partners make a fairer contribution (via the second instalment of the Visa Application Charge (VAC) and Assurance of Support) to partially offset the significant costs of parent migration to the broader community.

If you are applying for, or have already applied for a temporary Contributory Parent category visa

If you are applying for a temporary Contributory Parent category visa you should include your partner as a member of your family unit in your 47PA visa application form.

If you have already applied for a temporary Contributory Parent category visa and:

• a decision has not yet been made on that visa application; and
• you did not include your partner in your 47PA visa application form,

you should now write to the Parent Visa Centre (PVC) and advise them that you wish to add your partner as a member of your family unit. You are advised to attach supporting documentation.
Note: An additional second instalment of the VAC will be required for your partner and the amount payable is in accordance with the VAC which is in place at the time you add your partner to your application.

If you are a temporary Contributory Parent category visa holder and have not yet applied for the corresponding permanent visa

You are strongly encouraged to include your partner in your permanent visa application. You will be required (as the primary visa applicant) to complete form 47PT, and your partner (who is not a temporary Contributory Parent category visa holder) will be required to complete form 47PA.

Both forms, and the appropriate VAC should be attached and lodged at the same time. Only one first instalment of the VAC will be required in this instance.
Note: Your partner (who is not a temporary Contributory Parent category visa holder) will be required to pay the full second instalment of VAC for the permanent Contributory Parent category visa they will be applying for.

If you are a temporary Contributory Parent category visa holder and have already applied for the corresponding permanent visa

You are not able to add your partner to the visa application which you have already lodged.

When you are granted a Contributory Parent category visa on or after 1 July 2009, you will be unable to sponsor a person for a partner or fiancé visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa. There are some exceptions to this limitation in compelling circumstances.

However, if you:

• are still the holder of a temporary Contributory Parent category visa; and
• wish to withdraw the 47PT visa application form which you have already lodged (and which has not been decided)

you may then be able to lodge a new application which includes your partner.

You will be required (as the primary visa applicant) to complete form 47PT, and your partner (who is not a temporary Contributory Parent category visa holder) will be required to complete form 47PA.

Both forms, and the appropriate VAC should be attached and lodged at the same time. Only one first instalment of the VAC will be required in this instance. The amount payable will be in accordance with the VAC which is in place at the time you apply with your partner for the corresponding permanent visa.

Your partner (who is not a temporary Contributory Parent category visa holder) will also be required to pay the full second instalment of VAC for the permanent Contributory Parent category visa they will be applying for.
Note: The first instalment of the VAC which you have already paid will not be refunded.

If you are applying for, or have already applied directly for a permanent Contributory Parent category visa

This applies to you if you are not applying for the two-stage, temporary to permanent Contributory Parent category visa.

If you are applying directly for a permanent Contributory Parent category visa you should include your partner as a member of your family unit in your 47PA visa application form.

If you have already applied directly for a permanent Contributory Parent category visa and:

• a decision has not yet been made on that visa application; and
• you did not include your partner in your 47PA visa application form,

you should now write to PVC and advise them that you wish to add your partner as a member of your family unit. You are advised to attach supporting documentation.
Note: An additional second instalment of the VAC will be required for your partner and the amount payable is in accordance with the VACs which is in place at the time you add your partner to your application.