According to the ABS (Australian Bureau of Statistics), Australia has witnessed a massive decline of 99% in overseas arrival rate in April 2020 due to travel restrictions in response to Covid-19 (Coronavirus) pandemic. Jenny Dobak, the Director of Migration Statistics division of the ABS, said that, “In April there were just under 7,000 arrivals from non-Australian citizens. This was a 99% decrease from the same time last year”. The pandemic has been huge blow to the migration industry and has brought the temporary visa holders, international students and tourists to a standstill. It is still unclear when the international border will be open for temporary residents. However, as per the announcement by the Hon’ Prime Minister, Scott Morrison, on 08 May 2020 the Australian government may consider lifting border restriction for international students as part of the “Step Three” of the “Roadmap to a COVIDSafe Australia” process.
The Arrangements for Child Visa Applications 2016/051 (“the Arrangement”) as amended vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 dated 30 March 2020 commencing from 01 April 2020 is registered on 08 May 2020. The Arrangement specifies the form, place and manner for making an application regarding the Child (Migrant) Visas – Subclass 101 (Child), Subclass 102 (Adoption), Subclass 117 (Orphan Relative); the Child (Residence) Visas -Subclass 802 (Child) and Subclass 837 (Orphan Relative); and the Extended Eligibility (Temporary) Visa -Subclass 445 (Dependent Child). The updated compilation for the Arrangement can be accessed here.
On 14 May 2020, the Parliament of the Commonwealth of Australia has introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth) and other related purposes. The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture. The Bill also proposes provisions regarding screening and strip search of detainees and search of the facilities. The Bill proposes to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices as prohibited things for this purpose. Read the full text of the Bill here.
The Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass408) program vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020. COVID-19 Pandemic visa allows you to stay and continue working in Australia when you cannot leave Australia due to travel restrictions and have no other visa option to maintain your lawful status in Australia until you are able to return to your home country. Otherwise, the usual purpose of sc408 visa is to allow you to come to Australia on a temporary basis to participate in various short stay activities for various streams such as entertainment, research, events, religious worker, special programs, sports, staff exchange, superyacht crew, domestic worker etc. Further, under Government Endorsed Event stream you are allowed to participate in a government endorsed major event generally specified by a legislative instrument. Conditions for COVID-19 Pandemic visa You must be in Australia while lodging the visa application. You must be unable to leave Australia due to travel restrictions. You must have 28 days or less remaining on your current visa or if your last substantive visa has expired not more than 28 days ago. You must be unable to apply for another visa. You must be in Australia to be granted the visa. Eligibility for Applicants Intend to stay in Australia temporarily Have adequate financial support Have adequate arrangement for health insurance Meet health and character requirements Not have had a visa cancelled or a previous application refused Work Conditions This visa allows temporary visa holders to continue working in critical sectors in response to Coronavirus (COVID-19). Critical Sectors for Covid-19 Healthcare Disability and Aged Care Childcare Agriculture Food Processing Eligible Applicants Temporary Skill Shortage visa holders (Subclass 482) or Temporary Work (Skilled) visa holders (Subclass 457) Working holiday makers (Subclass 417 and Subclass 462) Subclass 403 visa holders in the Seasonal Worker Program and Pacific Labour scheme workers (in Agriculture only) Advantages of COVID-19 Pandemic visa Stay in Australia lawfully. Work in critical sectors for Covid-19. Include dependents members in your application. The Government has relaxed the requirements to apply for this visa to make it more accessible and accordingly, you do not need written endorsement from the Government to apply for this visa. The Department is accepting Covid-19 Pandemic visa applications from 4 April 2020. It is strongly advisable to apply for this visa if your current visa has expired or is expiring soon to stay lawfully in Australia. If you do not do so, your status will be considered as unlawful which may affect your eligibility to be granted a future visa. It is also important to know that if you continue staying in Australia without a valid visa, you may face some serious consequences. If you facing issue of visa expiry or are stuck in any other migration related matter, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you with your visa application.
The Department of Home Affairs provides different processing times for various visa subclasses. Each visa application is different depending on your location and circumstances and accordingly, application processing time varies based on type of visa you are applying for. Further, during Covid-19 the Government has advised not to submit new visa applications before reading latest instructions and processing times on the Department’s website. As on 20 April 2020, the Department has provided revised visa processing times as impacted by changes in volume of applications, temporary peak and complexity of cases. Visa processing times of some visas are as under. Please consider this timeframe after the lodgment of the application and is subject to Department’s decision. Visa Subclass Processing Time of 75% of Applications Processing Time of 90% of Applications Partner Visa (subclass 100) 21 months 34 months Partner Visa (subclass 801) 13 months 21 months Partner Visa (subclass 820) 24 months 29 months Prospective Marriage Visa (subclass 300) 13 months 17 months Partner (Provisional) Visa (subclass 309) 13 months 21 months Child Visa (subclass 101) 10 months 14 months Child Visa (subclass 802) 13 months 14 months Contributory Parent Visa (subclass 143) 51 months 53 months Employer Nomination Scheme visa (subclass 186) – Direct Entry Stream 4 months 6 months Employer Nomination Scheme visa (subclass 186) – Transition Stream 7 months 8 months Regional Sponsor Migration Scheme (subclass 187) – Direct Entry Stream 25 months 37 months Temporary Skill Shortage Visa (subclass 482) – Short-term Stream 35 days 60 days Temporary Skill Shortage Visa (subclass 482) – Medium-term Stream 32 days 56 days Temporary Skill Shortage Visa (subclass 482) – Labour Agreement Stream 22 days 36 days Temporary Skill Shortage Visa (subclass 482) – Sponsorship 18 days 34 days Temporary Skill Shortage Visa (subclass 482) – Nomination 18 days 22 days Skilled Independent Visa (subclass 189) – Points Test System 12 months 12 months Skilled Independent (subclass 189 visa) – New Zealand Stream 13 months 17 months Skilled Nominated (subclass 190visa) 7 months 9 months Skilled Work Regional (provisional) Visa (subclass 491) – State/Territory Government Nominated 50 days 56 days Skilled Work Regional (provisional) Visa (subclass 491) – Family Sponsored 51 days 54 days Temporary Work (short stay) Visa (subclass 400) 14 days 21 days Temporary Work (International Relations) Visa (subclass 403) – Seasonal Worker Program 7 days 9 days Temporary Work (International Relations) Visa (subclass 403) – Pacific Labour Scheme 10 days 15 days Training Visa (subclass 407) 4 months 5 months Temporary Work Activity visa (subclass 408) – Various Streams 5 days 4 months Skilled – Recognised Graduate Visa (subclass 476) 13 months 17 months Temporary Graduate Visa (subclass 485) – Graduate Work 4 months 5 months Temporary Graduate Visa (subclass 485) – Post-Study Work 88 days 4 months Student Visa (subclass 500) – Various Streams 8 days 4 months Working Holiday Visa (subclass 417) 36 days 46 days Work and Holiday Visa (subclass 462) 28 days 35 days Visitor Visa (subclass 600) – Tourist 21 days 35 days Visitor Visa (subclass 600) – Family Sponsored 55 days 73 days Processing times of various visa subclasses is unavailable due to low volume of applications received by the Department in that category. Further, processing time for the new COVID-19 Pandemic Event Temporary Work Activity visa (subclass 408) has also not been made available by the Department. If you are seeking migration advice or guidance for your visa, Contact Us today or call us on (02) 4626 100 to speak to one of best migration agents in Sydney who can help you with your visa application.
The Federal Circuit Court of Australia delivered a judgment in CBI18 v Minister for Immigration & Anor [2020] FCCA 1018 dated 01 May 2020 on the issue that whether the Immigration Assessment Authority (the Authority) had failed to consider ‘relevant material’ as evidence for a Safe Haven Enterprise visa (Class XE) (Subclass 790) in terms of sub-sections 473CB(1)(b), 473CC & 473DD(b) of the Migration Act 1958 (Cth). The Court held that the Authority had failed to consider the evidence of a letter that was provided by the visa applicant’s wife that was ‘highly material’ in this case and stated that, “It accepted many aspects of his claims. In that context, it was necessary to properly consider and address the document. I am satisfied that it is appropriate to draw an inference that the IAA did not consider that document”. The Court held that there was jurisdictional error and accordingly, issued the writ of certiorari to set aside the decision of the Authority and writ of mandamus to the Authority to review its decision in accordance with law. To read the full judgment, click here.
The Victorian Government has announced a range of government assistance for temporary and provisional visa holders impacted by COVID-19, including setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours and housing support. Victoria has also announced AUD $1.7 billion economic survival and jobs package to support business in the State. This Support for Businesses’ package includes: Refund of full payroll tax to small and medium-sized businesses for the Financial Year 2019-20. Defer payment of payroll tax by small and medium-sized businesses until 1 January 2021 for the tax of first three months of the Financial Year 2020-20 2021. Connect businesses that need staff with prospective workers via the ‘Working for Victoria’ initiative. Access to Business Support Fund to support the hardest hit sectors and other small businesses. For the more information on Victorian Government support for businesses during COVID-19, click here. More details on ‘Working for Victoria’ initiative can be accessed here.
The occupation, Radiation Oncologist (ANZSCO 253918) which is available on the Western Australian Skilled Migration Occupation List for State Nomination of Skilled Nominated visa (Subclass 190) or Skilled Work Regional (Provisional) visa (Subclass 491) is currently under review. For nominations of ‘Under Review’ occupations, invitations to apply for State nomination remain pending the outcome of the review and thus, accordingly, invitations to apply for this occupation will remain limited for the time being. However, applicants who have received an invitation already will not be affected and can proceed with their application normally.
According to Australian Bureau of Statistics (ABS), Australia’s population comprised over 7.5 million migrants amounting to 29.7% of the country’s total population for the year ending 30 June 2019. Now, the Government is expecting the numbers to fall “significantly” due to border closure in response to COVID-19 pandemic. In previous year, net overseas migration increased the country’s population by 239,600 people and the Government has always recognised the importance of the migration and its contribution to the Australian economy. Although the current crisis has severely affected the immigration industry, the Government does not expect long term changes in terms of net overseas migration once the border and travel restrictions are lifted. While there has been no specific time frame decided for reopening the borders yet,The Hon’ Prime Minister, Scott Morrison said that, “I can’t see international travel happening any time soon. The only exception, as I have flagged, is potentially with New Zealand” suggesting that the borders may remain closed until the end of the year and into 2021.
The special category 444 visa is a temporary visa that allows New Zealand citizens to visit, study, stay and work in Australia as long as you remain a New Zealand Citizen. This is a reciprocal arrangement that was made by New Zealand and Australia under the Trans-Tasman Arrangement which was introduced in 1973. New Zealand is the only country in the world who has this arrangement with Australia and the only limitation on the number of New Zealand entrants to Australia relate to any health of character requirements. Currently, there are more than 672,000 New Zealanders in Australia who hold a subclass 444 visa. As a result of the coronavirus pandemic that is affecting every aspect of Australia’s economic, health and social sectors, subclass 444 visa holders were one of the temporary visa subclasses that took a major blow when it came to employment. Financial benefits for New Zealand citizens With the current lockdown of major businesses, especially in hospitality, temporary visa holders have either been stood down or laid off. This has left many temporary visa holders struggling financially. Luckily, the Government has announced that any New Zealander on a 444 visa who arrived before 26 February 2001 will have access to welfare payments and the Government’s newly created JobKeeper payment. But do not fret, the Government has also announced that 444 visa holders who arrived after 2001 will also have access to the JobKeeper payments. In addition to this, New Zealanders who have lived in Australia for 10 years or more will be eligible for the JobSeeker and JobKeeper payments, but only for up to six months. However, the Government has strongly advised that any New Zealander on a subclass 444 visa who is unable to support themselves financially, should consider returning to New Zealand. New Zealanders coming home to Australia With the travel restrictions on Australian borders, New Zealand citizens who normally reside in Australia (with a subclass 444 visa or other permanent or provisional visa) are now permitted to come to Australia. However, on arrival you must be able to present proof of residency in Australia (such as showing your drivers licence or any other documents that show your residency). This must be presented when you check-in at the Airport. Once you have been permitted entry, you will then be required to undertake a mandatory 14-day quarantine at designated facilities (you may be directed to stay at a specific hotel) on your arrival. If you are a New Zealand citizen or permanent but you do not normally live in Australia, you are also permitted to transit through Australia in order to return home to New Zealand. Over the past weeks, we have been closely monitoring the news and restrictions being put on visa holders in Australia during the coronavirus crisis. It can be difficult to keep up with the visa changes implemented by the Government but at Migration Centre of Australia our team constantly monitors legislative or policy changes that can affect you to enable us to give our clients up to date migration advice. From understanding where you stand to making an application, our registered migration agents are able to guide you every step of the way. Contact us today on 02 4626 1002 or send us an email at admin@mckkrs.com.au and let us help you.