COVID-19 (Coronavirus) and the Australian Immigration Visa Laws – A comprehensive update.

Information in relation to COVID-19 (Coronavirus) and the Australian Immigration Visa Laws    are provided for the benefit of the public. You must seek appropriate advice from an immigration lawyer when you required advice. Disclaimer.

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Temporary visa holder concessions– 4 April 2020

NOTE this information has not been verified at the time of publishing.

Please remember that these are broad brush media statements made by politicians. The relevant Departments will still need to work to make the processes operational.

At this stage we have no information on the specifics of any of these announcements, how applications should be made or how soon these changes will be available to visa holders.

Acting Minister Tudge has today announced that temporary visa holders will be able to access up to $10,000 of their superannuation in this financial year to assist in supporting themselves through the coronavirus crisis. The full media release is available: https://minister.homeaffairs.gov.au/davidcoleman/Pages/Coronavirus-and-Temporary-Visa-holders.aspx

Key facts from his media release this morning:

  • Able to withdraw $10,000 from superannuation for this financial year
  • Skilled visa holders stood down, but not laid off, will be able to have visas extended
  • Businesses can reduce skilled visa holders working hours without breaching sponsorship obligations
  • Time already spent in Australia prior to COVID-19 pandemic will be counted towards permanent residency requirements.
  • International students working in superamarkets will have their working hours return to the maximum 40 hours a fortnight on 1 May as more Australians are being recruited into these roles
  • International students working in aged care and as nurses continue to have their hours extended to support these critical sectors
  • The Government will also be flexible in cases where Coronavirus has prevented international students meeting their visa conditions (such as not being able attend classes)
  • Encouraged to rely on family support, part-time work and their own savings
    • International students in their first 12 months are expected to support themselves given their visa application commitment that they had sufficient funds to support their stay in Australia.
    • Able to withdraw $10,000 from superannuation for this financial year

Skilled visa holders

  • Able to withdraw $10,000 from superannuation for this financial year
  • Skilled visa holders stood down, but not laid off, will be able to have visas extended
  • Businesses can reduce skilled visa holders working hours without breaching sponsorship obligations
  • Time already spent in Australia prior to COVID-19 pandemic will be counted towards permanent residency requirements.

Temporary skilled and student visa holders able to access superannuation

Acting Minister Tudge has today announced that temporary visa holders will be able to access up to $10,000 of their superannuation in this financial year to assist in supporting themselves through the coronavirus crisis. The full media release is available here

Key facts from the statement:

International students

Students who have been here longer than 12 months who find themselves in financial hardship will be able to access their Australian superannuation.

Temporary Skilled visa holders

These visa holders will also be able to access up to $10,000 of their superannuation this financial year.

Working Holiday Makers and Seasonal Pacific Islander workers

  • Will be allowed to extend their stays in Australia
  • Must be working in agriculture, health or aged care only
  • Waiver of ‘six month with one employer’ rule
  • Will need to self isolate if moving to a new region

State and Territory Nominated Visas – s48 barred applicants onshore

The Commonwealth has asked the State and Territory governments to suspend nominating s48 barred applicants until the COVID-19 travel restrictions have been resolved. As yet the only government to formally action the request is Tasmania.

Migration Tasmania’s website has the following message:

In an effort to manage this situation, as of 2 April 2020 all applications on hand and lodged thereafter by candidates who hold a Bridging Visa associated with Administrative Appeal Tribunal (AAT) or Federal Court review will continue to be assessed as normal. Unsuccessful applicants will be advised of the outcome and should not reapply until travel restrictions are lifted. All other applications will be placed on hold in our system and when travel restrictions are lifted we will contact applicants to obtain an update of circumstances (such as current residential location and employment details if applicable) to then finalise their application accordingly.

New Zealand citizens – financial assistance clarified

New Zealanders on 444 visas

New Zealanders on SC 444 visas and who arrived before 26 February 2001 are eligible to access Australian welfare payments and the JobKeeper payment.

New Zealanders on SC 444 visas and who arrived after 2001 have access to the JobKeeper payment. Those who have lived in Australia for 10 years or more also have access to JobSeeker payments for six months.

The Government is advising those New Zealanders who are unable to support themselves through these provisions, work or family support should consider returning to New Zealand.

Changes for Working Holiday and Seasonal Worker visa holders onshore

A joint statement was released this morning by David Littleproud MP, Michael McCormack MP and the Allan Tudge MP – Supporting the agriculture workforce during COVID-19

Key facts in the statement:

  • Seasonal Worker Programme and Pacific Labour Scheme workers can extend their stay for up to 12 months to work for approved employers (ensuring pastoral care and accommodation needs of workers are met to minimise health risks to visa holders and the community).
  • Approved employers under the Seasonal Worker Programme and Pacific Labour Scheme will need to continue engaging with the Department of Education, Skills and Employment on labour market testing to ensure recruitment of Australians first.
  • Working Holiday Makers (WHMs) who work in agriculture or food processing will be exempt from the six month work limitation with the one employer and eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months.
  • Conditions will be placed upon visa holders to self-isolate for 14 days before taking up employment in a different region (including termination of visas where there is non-compliance).
  • To support implementation of self-isolation arrangements for visa holders and avoid spread of COVID-19 the government is working with states and territories on enforcement and sanction mechanisms.
  • Employers will need to commit to providing safe accommodation for agricultural workers that complies with social distancing requirements.
  • Arrangement will also need to be in place for a declaration between employers and employees that all protocols necessary to ensure human health and accommodation requirements have been met.

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Leaving Australia

​​Can return

COVID-19-related restrictions around travelling outside Australia do not apply to people ordinarily resident in a country other than Australia. You can return to your home country/country of habitual residence if it is safe and possible to do so.

Can’t return

You should apply for a new visa before your current visa expires.

Staying in Australia

You must apply for a new visa before your current visa exp​ir​es. You might be granted a bridging visa that will keep you lawful until a decision is made on your visa application.​

No further stay condition (includes 8503, 8534 and 8535)

This means you can’t apply for most other visas until you leave Australia. If your visa has less than 2 months validity remaining you can request to waive this condition. We will advise you of the outcome of your request. If your request is approved, you can make a new visa application.​​

Condition 8558 (Non-resident cannot stay for more than 12 months in any 18 months period)

You will need to apply for a new visa that suits your new needs. Explore your visa options.

If your visa has expired, you need to apply for Bridging E visa (BVE) immediately in order to become lawful. A BVE keeps you lawful while you make arrangements to leave or finalise your immigration matter.

Complying with visa conditions

Can’t provide additional information due to office closure (Health or Police clearances, Biometrics, English Language Testing)

You will be given additional time to complete checks and provide requested information.

Can’t return to Australia before my visa expires and want to return

You will need to apply for a new visa once the travel restrictions are lifted.

Can’t complete Australian Study Requirement or periods of stay under the regional initiatives for Temporary graduate visa holders

We are looking at concessions on a case-by-case basis.

Bridging Visa Holders

If your Bridging visa expires and you are outside Australia, you will need to apply for another visa. Bridging visas cannot be granted if you are outside Australia.

Processing visa applications

Applicants should be aware that some services relating to the visa application process may be impacted by COVID-19.

We are aware of issues accessing the VEVO system for certain visa holders. If you can’t use VEVO to check your visa status and conditions, you can still access your visa grant letter and visa conditions online using your ImmiAccount.

Visa medical appointments 

Clients should be aware of disruptions to visa medical services, both in Australia and outside Australia, due to COVID-19. 

Our visa processing officers are aware of the disruptions. We will take the extended timeframes in to account when considering your visa application. 

You do not need to contact us if your visa medical has been rescheduled.

If you have not yet lodged a visa application or have not been requested to undertake an immigration medical examination, there is no need to contact a visa medical services clinic in Australia or an overseas panel clinic at this time.

In Australia

Bupa Visa Medical Services and other Visa Medical Services clinics continue to operate. However, visa medical services have reduced due to requirements of Department of Health in relation to COVID-19. 

The measures include social distancing. This is to be implemented for all existing bookings from 19 March onwards. The measures may reduce appointment availability in many centres.  

We will cancel some bookings and issue refunds. We will contact all people with cancelled appointments and reschedule into available appointments before opening the booking system to new appointments. 

These measures are temporary. They will be reviewed regularly on the advice of the Department of Health. 

The measures are intended to ensure the health and safety of visa applicants attending clinics, as well as clinic staff, in line with Australian Government recommendations.

Outside Australia

There are disruptions to overseas services. Some clinics have temporarily suspended or reduced operations for the next few months.

​A large number of panel clinics are implementing additional risk management controls according to their national management responses to COVID-19 and their respective government’s advice.

Permanent visa holders

Permanent residents of Australia may return to Australia. They will be required to undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in their port of arrival. This include people offshore who have been granted a permanent visa but have not yet arrived on that visa.

Visa cancellation

We will notify you in writing if your visa has been cancelled in response to the temporary travel restrictions. This will include information on how to seek revocation of the visa cancellation decision.

 

Travel Bans

  • The current travel bans for those arriving from Mainland China, Iran and Italy remain in place.
  • As of midnight tonight, 15 March 2020 all those arriving in Australia are required to self-isolate for 14 days. Some states have already introduced heavy penalties for those who do not comply.
  • Cruise ships are now also banned from arriving at Australian ports for the next 30 days.
  • Special arrangements are in place for airline and maritime crew staff where specific containment arrangements are in place.

Australian citizens and permanent residents

Australian citizens and permanent residents are not prevented from entering Australia at this stage.

Those arriving in Australia will also be required to self-isolate for 14 days.

Immediate family – spouses, minor dependants or legal guardians only – holding permanent visas may travel to Australia, however, will be required to follow self-isolation guidelines.

Partners and immediate families of Australian citizens and permanent residents holding temporary visas

Partners and immediate families of Australian citizens and permanent residents – spouses, minor dependants or legal guardians only – holding temporary visas are being dealt with on a case by case basis by the Department.

Visa holders onshore

The Department has   announced that onshore visa holders wishing to extend their stay in Australia should apply for an ‘appropriate‘ visa. In many cases this may be a visitor visa.

No Further Stay waiver conditions 8503, 8534 and 8535

The Department has also announced that extra resources have been diverted to the No Further Stay waiver section to deal with the increased volume of requests for waivers to allow onshore visa holders to extend their stay.

Visa holders offshore

Visa holders offshore required to enter Australia by a specified date

Visa holders required to enter Australia by a specified date and prevented from doing so by the travel restrictions should contact the section of the Department that issued the visa and request an extension to the entry date.

  • We have a list of Departmental contact mailboxes and will be liaising with them on behalf of our clients.

Bridging Visa B holders offshore

  • Bridging Visa B holders offshore unable to return before expiry date may consider applying for a visitor visa to return to Australia. Bridging Visas A should then be applied for again when onshore.

SHEV, TPV and PPV holders offshore

  • SHEV, TPV and PPVV holders with travel conditions attached and who are affected by travel restrictions should contact the Department as soon as possible by emailing travel.request@homeaffairs.gov.au

The Department will consider individual circumstances and assist where possible with extensions to return dates or delay in travel dates as appropriate.

Applicants required to be onshore for lodgement of visa

Applicants required to be onshore for the lodgement of visa will need to assess whether travel to Australia and 14 days self-isolation onshore is viable to their specific situation.

Those wishing to travel from countries where Australia already has travel bans in place, will be required to spend at least 14 days in a third country where travel bans to Australia are not in place before proceeding to Australia.

Visa related information – Fact Sheets

For information about visas, see the following fact sheets:

I am an immediate family member of an Australian citizen or permanent resident. Do I still need a visa?

Yes, you must hold a valid visa to travel to Australia.

How do I prove that I am an immediate family member of an Australian citizen or permanent resident?

You need to contact the Department. If you have previously provided evidence of your family relationship to the Department, you do not need to provide it again. If you hold a temporary visa, you may need to provide evidence (such as your marriage certificate, birth certificate or birth certificate for your children). You can submit this information to the Department via: https://immi.homeaffairs.gov.au/help-support/departmentalforms/online-forms/australian-immigration-enquiry-form

You should not attempt to travel on a temporary visa before contacting the Department.

Why can’t I just show my marriage certificate to the airline?

Airlines do not assess documentation and family relationships.

I am the minor child of an Australian citizen or permanent resident.

You must hold a valid visa to travel to Australia. If you are the child of an Australian citizen, you may apply for citizenship by descent.

I am the parent or legal guardian of an Australian citizen or permanent resident.

You must hold a valid visa to travel to Australia. Unless you are exempt because you hold a valid permanent parent (Subclass 103, 143, 804, 864 or 884) visa, only parents or legal guardians of minor Australian citizen or permanent resident children will be exempt from the travel restrictions.

I am the fiancé of an Australian citizen or permanent resident.

Fiancés are not yet immediate family members. If you hold a Prospective Marriage (Subclass 300) visa, you can travel to Australia once travel restrictions are lifted.

New Zealand incoming traveller restrictions

From midnight 15 March 2020 every person entering New Zealand from anywhere in the world apart from the Pacific will be required to self-isolate for 14 days and register with Healthline (0800 358 5453).

These additional measures are temporary and will be reviewed after a period of 16 days on 31 March 2020. The complete travel ban for China and Iran remains in place.

The Pacific is defined for the purpose of the above restrictions as the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Nauru, New Caledonia, Niue, Palau, Papua New Guinea, the Republic of Marshall Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu, and Wallis and Futuna.

Sources:

https://www.homeaffairs.gov.au/
https://minister.homeaffairs.gov.au/davidcoleman/Pages/Coronavirus-and-Temporary-Visa-holders.aspx
https://www.mia.org.au/