Will my pending migration agent application be affected by the new rules starting next month?

The situation

I am currently living in Melbourne, Victoria, and I have been working hard to get my registration as a migration agent. I actually submitted my formal registration application back in November last year, which was about five months ago. At that time, I was working as an unrestricted legal practitioner, so I thought the process would be quite straightforward. However, I have been checking my emails every week, and the Migration Agents Registration Authority still hasn't made a final decision on my paperwork. I have already called their helpdesk twice to check on the status, but they just told me it is still being processed. Now, I have heard through a colleague that there are significant new rules and changes coming into effect on the Division 8 commencement day next month. I am really worried about how this affects me. Since my application was lodged before these changes happen, will my application be judged under the old rules or will I have to follow all the new requirements? Also, because I am a lawyer, will I still get that automatic continuation of my registration, or does this change everything for people like me who already have applications sitting in the queue?

Detailed Analysis

Because you submitted your application in November and the Migration Agents Registration Authority has not yet made a decision, you fall under the scope of Section 333D^[1].

Regarding which rules apply, the law states that "the amendments of Division 3 made by Schedule 1 to the amending Act apply in relation to the registration application as if it had been made on or after the Division 8 commencement day"^[1]. This means that even though you lodged your paperwork five months ago, the Authority will use the new requirements and rules that start next month to judge your application, rather than the old rules.

Regarding your status as a lawyer, you will not receive the automatic continuation of registration you were hoping for. The law specifies that "If the person was an unrestricted legal practitioner immediately before the Division 8 commencement day, section 300 (automatic continuation of registration) does not apply on and after that day in relation to the registration application"^[1]. Automatic continuation is a rule that allows a person's registration to keep going if they apply before their current one expires, but this specific benefit is removed for lawyers once the new Division 8 rules begin.

It is currently unclear how the Authority will handle the backlog of applications like yours during this transition period, or if there will be any specific grace periods for those caught in the middle of the changeover.

Statutory Citations

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