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When do the changes to Partner Visa applications under new law start?

Category: Partner Visa

Question asked

Dear Migration Agent,

My partner and I are planing to apply for partner visa this year October. However, we heard some bad news, that the government already approved the partner visa changes, and they are just waiting for the confirmation and the new law comes into effect in 1st of July 2019. Which means they will have to first check my sponsor, before we apply for partner visa. So I would like to ask you the following questions:

- Are these news true about the new law? Is the date correct 1st of July 2019?
- If they confirm it, it comes into effect immediately or they give us few week notice, so we could apply under the old law condition?

Thank you.
B.

Answer provided by Migration Agent

Hi B,

The law already exists. It got royal assent on 10 Dec 2018 and was passed in both houses of parliament.

They did not set a start date so if they say today: "its today" then it becomes today, if they say today: "its 01 July" then it will be the 1st July 2019. However, if they do not choose any date, it will automatically start 6 mths and one day later which is the 11th of June.

Will we get any notice? No. The first and second reading speeches are finished, the bill passed in both houses of parliament, so it will become law whenever they decide a date or automatically come into effect on 11th June unless stated otherwise. All those previous steps were the warning (the first and second reading speeches etc.).

How will it affect applications? Well if a sponsor needs to be approved before an application goes ahead, then the applicant will need enough visa left for the time period on the sponsorship approval decision to happen before they could apply, as there may not be a bridging visa available like there is now. Currently sponsor checks are taking around 7-9 months so, if your visa runs out in October, thats already not enough time potentially. I would apply earlier if you are eligible, if you are not and need more time to prepare, then you should consider how to plan your lives in the meantime (i.e. stay until this visa ends then go offshore, extend a visa, or just go offshore earlier than the current visa expiry etc.) in the case that after the change, there is no bridging visa available until a sponsor is approved after this new law starts, which could be any day now.

Thank you for using Ask-an-Agent. If you need further services from myself please contact Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

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