COVID concessions for Australian visas

Since 19 September 2020, a number of concessions have been available for certain visa holders impacted by the COVID-19 pandemic. Recently, the Department have announced further concessions where COVID-19 travel restrictions are affecting visa applicants, particularly in relation to applicants for family visas who are currently in Australia.

Partners and Child visas – Onshore grants from 27 February 2021

Changes that are intended to come into effect from 27 February 2021 mean that the following visas will be able to be granted while the applicant is in Australia, even though these usually require the applicant to travel offshore:

1. Partner (subclass 309) visa
2. Prospective Marriage (subclass 300) visa
3. Child (subclass 101) visa
4. Adoption (subclass 102) visa
5. Dependent Child (subclass 445) visa

This temporary concession is for eligible applicants who are in Australia and are not able to travel offshore to be granted their visa because of COVID-19 travel restrictions.

The Government is continually reviewing arrangements for visas during the pandemic.

Please refer to the Department’s website for further information.

Contributory Parent and Parent visas – Onshore grants from 24 March 2021

Changes that are intended to come into effect from 24 March 2021 mean that the following visas will be able to be granted while the applicant is in Australia, even though these usually require the applicant to travel offshore:

1. Contributory Parent (subclass 173) visa
2. Contributory Parent (subclass 143) visa
3. Parent (subclass 103) visa

Current processing timeframes for Parent visa applications would not be impacted by these amendments.

Please refer to the Department’s website for further information.

Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

Concessions have been granted to all SC 485 streams, the Graduate Work, the Post Study Work and the Second Post Study Work streams, to allow eligible visa applicants to lodge and be granted their visa while they are outside Australia, if impacted by COVID travel restrictions during the concession period that commenced on 1 February 2020.

Subsequent entrants may also be onshore or offshore for lodgement and grant.

Please refer to the Department’s website for further information.

Subclass 790 – Safe Haven Enterprise Visas – Pathway concessions

The Australian Government has provided concessions to SHEV holders seeking to meet the SHEV pathway requirements who are impacted by the COVID-19 pandemic. All SHEV holders (both current and former) seeking to meet the SHEV pathway requirements can count periods of time towards the pathway requirement if during a ‘concession period’ and while holding a SHEV, they:

1. accessed Special Benefit payments or
2. are unemployed, or
3. worked outside a SHEV regional area in an essential service

The COVID-19 ‘concession period’ refers to the time period from 1 February 2020 until a future date yet to be specified due to the ongoing and unpredictable nature of the pandemic.

The reference to being ‘unemployed’ is a reference to the fact of not being engaged in employment.

Please refer to the Department’s website for further information.

Subclass 888 – Business Innovation Visa – Residency requirements

Applicants for Subclass 888 visas must usually have been physically present in Australia for a least 1 year in the 2 years immediately before they apply.

During the COVID concession period which commenced on 1 February 2020, time spent overseas may be counted as being time spent in Australia if the
applicant held one of the following visas:

1. Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream
2. Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream

The first visa in the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream must have been granted on or before 30 June 2019.

Please refer to the Department’s website for further information.

Subclass 887 – Skilled Regional Visas – Onshore /offshore concessions

Since 19 September 2020, COVID concessions to lodgement and eligibility requirements have been available to eligible prospective Skilled – Regional visa (subclass 887) applicants where they meet criteria set out below.

Applicants outside Australia

Eligible applicants make their visa application outside Australia and be granted the visa while outside Australia during the COVID concession period,commencing 1 February 2020.

These applicants will also be given access to the following shorter employment requirements and shorter residency requirements during the concession period:

1. 9 months full-time work in a specified regional area. A concession of 3 months off the usual 12 month period (or, if the Minister specifies a shorter period in a legislative instrument, that shorter period), and
2. 18 months residence in a specified regional area. A concession of 6 months off the usual 2 year period (or, if the Minister specifies a shorter period in a legislative instrument, that shorter period).

Applicants inside Australia

Eligible applicants applying onshore will still be required to meet the 2 years of residence in a specified regional. They will also receive the 3 month  employment concession of:

1. 9 months full-time work in a specified regional area (or, if the Minister specifies a shorter period in a legislative instrument, that shorter period), and
2. 2 years of residence in a specified regional area.

Any questions?

If you seek further information about the concessions that may apply to you, or general questions about Australian immigration program, please email our general query inbox at [email protected] or call us on +61 3 9016 0484.

THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION.