If I get a new visa, will it cancel my current rights in Australia?

The situation

I am currently living in Melbourne, Victoria, and have been here for about three years on a temporary work visa that allows me to sponsor my partner. My employer recently offered me a much better position, so I decided to apply for a different subclass of visa last month, specifically on the 14th of October, to secure my long-term stay. I have already paid the application fee of 1,450 AUD and submitted all my documents through the online portal. However, I am feeling quite anxious because I am worried that by starting this new visa process, I might accidentally lose the specific rights or the legal status I currently hold under my existing visa. For instance, if this new application is being processed, does it automatically override or cancel out the permissions I already have for working or staying here? I have tried looking at the department website, but it is very confusing. I just need to know if my current status and my existing rights remain protected and active while this new application is being considered, or if everything changes the moment the new one is lodged.

Detailed Analysis

Based on the laws provided, lodging your new visa application on 14 October does not immediately strip you of your current rights or your ability to work and sponsor your partner. Under the Migration Act, your current status is protected during the application process. Specifically, the law states that a division of the Act "does not affect the other status that a designated person has... except so far as the status is inconsistent with [certain sections]"^[1]. This means your existing legal standing is not automatically overridden just because you have started a new process.

Your current visa only stops being in effect if it is officially cancelled or if a new visa actually comes into effect. For example, a substantive visa (a standard visa that is not a special purpose visa) "ceases to be in effect if another substantive visa... comes into effect"^[2]. This means your current rights only change at the moment your new visa is actually granted and becomes active, not the moment you pay the 1,450 AUD fee or submit your documents.

It is important to understand that your current visa can still be cancelled by the Minister for specific reasons, such as providing incorrect information or failing to meet visa conditions^[3]. However, the mere act of applying for a different subclass of visa does not trigger a cancellation of your current permissions.

One thing to be aware of is that if your new visa is granted, your old visa will then cease to be in effect because you will have a new legal status^[2]. Until that happens, you should continue to follow all the rules and conditions of your current temporary work visa to ensure it remains valid throughout the processing period.

Statutory Citations

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