Updated: Jan 16, 2019
Pending Legislative Changes
New legislation has recently been passed by the parliament that will significantly impact whether an Australian Partner visa application may be lodged whist the applicant remains in Australia.
The new Migration Amendment (Family Violence and Other Measures) Bill was passed through Parliament on 10 December 2018.
The new law has not yet been implemented by The Department of Home Affairs but we are confident this will happen very soon.
What Will Change?
The new Bill requires the eligible sponsor to submit their sponsorship application and have it approved before the primary applicants visa can be lodged online. It is unclear how long this decision process of the sponsorship application may take. The department have advised current process times are approximately 12 to 18 months.
Who May Be Impacted?
Visa applicants with limited time remaining on their current visa will be impacted. This could include Student visa holders, Graduates or Visitors on a Tourist visa. These visa applicants should consider lodging a valid visa application that will allow them to stay in the country, or depart Australia and remain overseas until the partner visa is granted.
Until a valid visa application is lodged whilst in Australia, the applicant will not be entitled to a Bridging Visa, Medicare or (in some instances) work rights.
Is The New Legislation In Force?
There is no commencement date yet for the legislation, however we are aware the department are eager to have this new legislation implemented.
Applicants May Be Forced To Go Offshore
Depending upon the applicants current visa eligibiity; the primary applicant may be required to go offshore and apply for another visa, or go offshore to lodge a partner visa. An offshore partner visa does not grant the applicant entitlements to a Bridging Visa. In the event your offshore application is refused in addition you may not ave review rights to appeal the decision. Couples could be forced to separate for many years while waiting for a decision.
With a major change such as this one, we would recommend you submit your partner visa application before the legislation is implemented. If you are eligible you should most certainly submit your subclass 820 application without delay.
Tel: +61 (02) 8011 4922
Mobile: +61 455 295 988
Michael Dooley | Registered Migration Agent | MARN 1789997