The COVID-19 pandemic has infected and affected the entire world. Migration is just one sector of the world’s economy that has suffered under this great time of stress. To somewhat ease the pain that people, businesses, and institutions have been suffering, the Australian government has come up with many responses, whether they be health; fiscal; or other responses. The government’s response to COVID-19’s affect on Australian migration is three-fold: a specialised visa; COVID Concessions; and travel exemptions.

COVID VISA – SUBCLASS 408

 
Temporary Activity visa (subclass 408)

Australian Government endorsed events (COVID-19 Pandemic event)
The Australian government, in response to the COVID-19 Pandemic, has endorsed a Temporary Activity visa (subclass 408). This visa allows holders to remain in Australia for anywhere up to 12 months.

Up to 3 months
If you work in a non-critical sector and do not have other visa options, this visa allows you to stay in Australia due to COVID-19 travel restrictions.

Up to 12 months
If you work in a critical sector, have evidence from an employer of your employment or an offer of employment, this visa allows you to remain in Australia and work.

Critical sector
The Australian government has listed 7 industries that are critical to the COVID-19 response:

• agriculture
• food processing
• health care
• aged care
• disability care
• child care
• hospitality and tourism (added 10 May 2021)
• Family

You can include members of your family who are in Australia with you in your application when you apply.

At Silburn Migration Solutions, we understand that the new COVID-19 Pandemic event visa Subclass 408 application process can be stressful for everyone involved. For professional services, contact one of our qualified Migration Agents.

COVID-19 CONCESSIONS

If you’ve been disadvantaged due to the COVID-19 pandemic, the Australian government has arranged a number of concessions to help you continue on your visa pathway.

There are concessions for:

Students

Students can work more than 40 hours per fortnight if they work in the Health Care or Aged Care sector. They can also study online or defer their course without being in breach of their visa conditions.

Employer Sponsored Visas

Holders of a 457/482 visa who have had their hours reduced or taken unpaid leave may still be eligible for a 186 visa. If they have an age exemption to the Fair Work High Income Threshold, they will continue to have this concession even if their earnings have been reduced due to COVID-19.

Business Visas

Holders of 188 or 888 visas have concessions relating to specified periods of residence and/or time that it takes to set up and establish a business in Australia. If COVID-19 has scuttled certain business plans, concessions are available.

Graduate Skilled Visa

Due to the travel restrictions imposed by COVID-19, subclass 485 applications and grants can now be made from outside of Australia. This allows former international students the opportunity to be granted a visa to return to Australia when travel restrictions are lifted. Furthermore, the period a former student can wait until applying for their visa is now 12 months instead of the usual 6 months from the time they graduate till the time they apply for the visa.

Skilled Regional Visa

Prospective applicants for the subclass 887 visa can make their visa application outside Australia during the concession period and be granted the visa while they are outside Australia. Applicants outside of Australia who lodge during the concession period are given access to shorter employment requirements and shorter residence requirements.

These applicants must provide evidence of at least:

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
18 months residence in a specified regional area (or, if the Minister specifies a shorter period in a legislative instrument, that shorter period).
Prospective applicants for the subclass 887 visa can make their visa application inside Australia who lodge during the concession period are given access to shorter employment requirements.

These applicants must provide evidence of at least:

9 months full-time work in a specified regional area, and
2 years of residence in a specified regional area.
Family Visas

Some family visas require the applicant to be outside Australia when the visa is granted. Due to the travel disruptions the government is taking a flexible approach by allowing more time to get offshore, or in some circumstances, granting the family visa whilst the applicant is in Australia.

Concession Period

The COVID-19 concession period commences from 1 February 2020 and is an interim arrangement. There has been no announcement as to when it will end. Visit our news page for updates.

If your visa is about to cease, or you need expert advice, contact us to speak to one of our experienced and dedicated Migration Agents.

It’s important to note that the government is continually reviewing arrangements for visas during the pandemic. Each visa class has different concessions, and these concessions may change at any time. Contact us or call us on +61 7 55920755 for up to the minute information and advice.

Waivers and Refunds

Some visa holders and applicants may be eligible for a refund, waiver or extension. Here is a summary:

• Summary of VAC refund, waiver and visa extension measures
• Visa category and subclasses
• Details of measure
• Pacific Labour Scheme (PLS) and Seasonal Worker Programme (SWP) (subclass 403)
• Refund of VAC for impacted visa holders who were unable to travel prior to border closure on 20 March 2020.
• Eligible for refund after visa expires.
• Temporary Skill Shortage or Temporary Work (Skilled) visa (subclasses 482 and 457)
• Waiver for VAC associated with subsequent applications for people who held a TSS or subclass 457 visa and were either unable to travel to Australia or had travelled and departed but were unable to return before their visa ceased due to the COVID 19 travel ban.
• Will apply to those who held a TSS or subclass 457 visa while travel restrictions were in place and need a new visa to re-enter Australia.
• Working Holiday Maker (WHM)
  (subclasses 462 and 417)
• Waiver of VAC for WHM visa holders who were unable to travel to Australia due to travel restrictions or departed due to COVID-19.
• Refund of VAC for WHM visa holders who were unable to travel to Australia due to travel restrictions or departed early due to COVID-19; and are unable to apply for a new WHM with waiver as they have now passed the relevant age limit.
• No maximum time that a former WHM visa holder must have spent in Australia before departure.
• New visa or refund must be applied for before end of 2022.
• Visitor (subclass 600)

Visitor visa applicants whose previous Visitor (subclass 600) visa expired, or will expire, while outside Australia between 20 March 2020 and 31 December 2021 will be eligible to apply for a Visitor visa with a nil VAC. This change will come into effect in early 2021.

Eligible visitor visa applicants outside of Australia will be able to apply for a Visitor (subclass 600) visa in the Tourist, Business Visitor, Sponsored Family or Approved Destination Status streams with a nil VAC until 31 December 2022.

The provision includes current and previous visitor visa holders who were unable to travel to Australia for initial entry, as well as those who had travelled and departed but were unable to return on a multiple entry visa due to the impact of COVID-19 travel restrictions.

Prospective Marriage (subclass 300)

Refund of VAC or extension of visa validity period for affected visa holders who were or will be unable to enter Australia before their visa ceases due to COVID-19 related travel restrictions. VAC refunds are expected to be made available by late February 2021.

TRAVEL EXEMPTIONS

If you aren’t travelling from New Zealand, or if you’re not an Australian citizen or permanent resident (or a close relative of one), you will need a travel exemption to enter Australia.

If you are coming to Australia for work and are a foreign national sponsored by your employer, you must be working in an occupation on the Priority Migration Skilled Occupation List (PMSOL) (see below).

If your occupation is not on the PMSOL, you may be granted an exemption if you are:

• travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response; or
• providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies; or
• with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, aged care, agriculture, primary industry, food production, and the maritime industry); or
• delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film, media and television production and emerging technology), where no Australian worker is available; or
• providing critical skills in religious or theology fields

The Priority Migration Skilled Occupation List

The original 19 occupations (ANZSCO code) are:

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• Veterinarian (234711)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Developer Programmer (261312)
• Software Engineer (261313)
• Social Worker (272511)
• Maintenance Planner (312911)

 

On 22nd June 2021, a total of 22 new occupations were added to the PMSOL. They are:

• Accountant (General) (221111)
• Accountant (Taxation) (221113)
• Accountant (Management) (221112)
• External Auditor (221213)
• Internal Auditor (221214)
• Electrical Engineer (233311)
• Civil Engineer (233211)
• Structural Engineer (233214)
• Geotechnical Engineer (233212)
• Transport Engineer (233215)
• Mining Engineer (233611)
• Petroleum Engineer (233612)
• Surveyor (232212)
• Cartographer (232213)
• Other Spatial Scientist (232214)
• Medical Laboratory Scientist (234611)
• Orthotist / Prosthetist (251912)
• Multimedia Specialist (261211)
• Analyst Programmer (261311)
• Software and Applications Programmers (261399)
• ICT Security Specialist (262112)
• Chef (351311)
• You need to apply for an exemption at least two weeks, but not more than two months, before your planned travel.

Your request must include:

• traveller details: name, date of birth, visa type and number, passport number
  proposed residential address and phone number in Australia
• your reasons for coming: why you should be granted an exemption
• a supporting statement: setting out how you meet one of the grounds for an exemption
• accompanying evidence.

 

If you are not granted an exemption, you should not continue with your travel plans, as you will not be permitted to board a flight to Australia. If you are granted a travel exemption, you need to take evidence of that exemption decision to the airport.

During the COVID-19 pandemic, the experts at Silburn Migration Solutions have applied for and been granted numerous travel exemptions for their clients. Contact us today to arrange for one of our dedicated Migration Agents to assist you in applying for your travel exemption.

It’s important to note that the government is continually reviewing arrangements for visas during the pandemic. Each visa class has different concessions, and these concessions may change at any time. Contact us or call us for up to the minute information and advice.