New Legislation has recently been introduced that will significantly change whether an Australian Partner visa application can be lodged whilst the applicant is in Australia, according to a report by Acacia Immigration Australia.
The new Migration Amendment Bill(Family Violence and Other Measures) was passed through Parliament on 10th December 2018.It is yet to be confirmed when the new law will take effect, and partner visa applications lodged until then are to be assessed under the current partner visa application requirements.
Part of the criteria for Partner permanent residence requires the visa applicant to be sponsored by an Australian permanent resident, Australian citizen or eligible New Zealand citizen. Together, the visa applicant and their partner submit their applications to the Department of Home Affairs.
Lodging a valid partner visa whilst in Australia allows the visa applicant to obtain a Bridging Visa A (BVA) which will take effect when their current visa expires. The BVA holder will then be able to remain in Australia until a decision is made on the partner application. During the processing time the BVA holder will be entitled to Medicare and have full work rights. The new Bill requires the partner to first lodge their sponsorship application and have it approved before their partner visa can be lodged.
Partner visa applicants with limited time remaining on their current visa will be required to either lodge a valid visa application that will allow them to stay in the country or depart Australia until the partner visa is granted. Until a valid visa application is lodged in Australia, the applicant will not be entitled to a BVA, Medicare or full work rights.
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