Must See: Partner Visa Applications changes for 2019

A new bill has been passed through the parliament last 10 of December 2018 which is the Migration Amendment (Family Violence and Other Measures) Bill. This new legislation has recently been introduced. It has significant changes and effects to current partner visa application.

The criteria for the Partner permanent residence requires the visa applicant to be sponsored by an Australian citizen, permanent resident or New Zealand citizen. Both the applicant and their partner must submit their applications to the Department of Home Affairs. The visa applicant is allowed to have a Bridging visa A while they are in Australia when they have applied for the partner visa. The BVA will take effect only when the applicant’s current visa expires. The BVA holder will then be able to remain in Australia until a decision is made on the partner application and they will be entitled to Medicare and have full time work rights while the processing time is ongoing.

In the new bill, the requirement includes to lodge a sponsorship application first and wait for approval before the partner visa can be lodged. The decision processing time and approval for sponsorship application is still uncertain however current global processing time is approximately 12 to 18 months.

In effect, partner visa applicant that has a limited time remaining on their current visa will be required to either lodge a valid application that will allow them to stay in Australia or depart in the country and remain overseas until the partner visa is granted.


Reference:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

https://www.legislation.gov.au/Details/C2018A00162

https://www.legislation.gov.au/Details/C2016B00043