Immigration updates- COVID-19 related

Immigration updates- COVID-19 related

April 6, 2020
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Dear Client,

I enclose up date information provided by the Department of Home Affairs and Administrative Review Tribunal (AAT) and advise the following:

 

If you have a pending visa application or review application –

  1. The process may be delayed. We monitor progress online every day and keep you posted.  If we have any news about your particular application, we will notify you as soon as we can, normally within the same day.   We enclose link to both visa processing time and AAT estimated review time for your reference.

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times#

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times#

  1. If you are overseas and your bridging visa B expired, you cannot apply for extension or a new bridging visa B offshore.  You may need to apply for a new visa to return once the travel ban is lifted, but you should wait for the new information and until the travel ban is lifted. Your visa application or review application should not be affected by the fact that you are current overseas for now.
  1. Medical examinations and biometrics services are not available, we will ask for extension if they are due. Department of Home Affairs will grant extensions until services become available.
  1. Same as police checks from Australian Federal Police or from any other country, we will ask for extension of time until such time when these services become available.
  1. If you change address, phone number, especially email address, you must advise us in writing as soon as you can, preferably through email.

 

Student visa holders –

  1. Student visa holders who are current overseas, can apply for deferral of their courses.  If the student visa expires, a new student visa can be applied for with valid and current confirmation of enrolment (CoE). If you need assistance with a new student visa application, please contact sumon@parishlaw.com.au. We will advise you our costs before we take on your case.
  1. If you received a notice from the Department of Home Affairs with intention to cancel your student visa, please email the notice and a copy of your passport to summon@parishlaw.com.au for options and advice. Our initial assessment is free.
  1. Student visa holders working in aged care or as nurses can work longer than 40 hours fortnightly without breaching student visa conditions.
  1. Student visa holders working in supermarkets can also work more than 40 hours fortnightly until the end of April. From 1 May, they will only be allowed to work 40 hours fortnightly again. Your employer needs to be registered with the Department of Home Affairs for this.
  1. If Coronavirus has impacted on student visa holders in compliance with their student visa conditions, such as cannot attend the classes due to travel ban or sickness, the student visa should not be cancelled for breaching visa conditions. It is very important to collect and keep documents, such as medical certificates, cancelled airline tickets as evidence in case you need to provide them in the future.

 

Visitor visa –

  1. If you are in Australia and your current visa is about to expire, you can apply for another visitor visa or another visa. If you become unlawful in Australia, it may affect your future visa application.  Please contact diana@parishlaw.com.au to assess what visa you may be eligible for.  There is no cost for such assessment.
  1. If you are not sure what visa you are on, email Connie@parishlaw.com.au , we can conduct VEVO check for your visa status and visa conditions. There is no fee for this service. Or you can visit www. https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online to check your visa details.
  1. If your visa has condition 8503, 8534 and 8535 “ no further stay”,  you cannot lodge another visa application except protection visa unless the visa condition is removed.  The removal/waiver request may take a few weeks, you should lodge the request within two months before your current visa expires. Please contact Diana@parishlaw.com.au if you are in this situation.

 

If you are unlawful –

  1. If your visa expired already and you wish to depart Australia, you may be eligible for a bridging visa E on the basis of arranging for departure. – Please contact diana@parishlaw.com.au to discuss options.
  1. If your visa expired, you may still be eligible for another visa, such as protection, partner visa, or medical treatment visa. Please contact diana@parishlaw.com.au to discuss options.

 

Temporary visa holder such as 485, 457 or 482 –

  1. TR holder, second year student visa holders can withdraw $10,000 from their superannuation accounts.
  1. Temporary visa holders working in health, aged and disability care, agriculture and food processing may receive further beneficial consideration for them to stay in the sector. Wait for further police change advice from the government.
  1. Students or TR holder facing financial hardship or visitors without family support in Australia are encouraged to leave Australia.

 

NZ passport holder –

  1. If you were in Australia on or before 26 February 2001, you may be Australian permanent resident. You should “ VEVO “ check your visa status on line or email your passport to Connie@parishlaw.com.au to check for you.
  1. NZ 444 visa holders who arrived in Australia after 2001 can access the JobKeeper payment. Those who have lived in Australia for 10 years or more have access to JobSeeker payments for six months.

 

Work visa holder – SC457/402/482 –

  1. Work visa holders who have been stood down, but not laid off, will not have their visa cancelled and can renew their visas as normal.
  1. Sponsoring employer can reduce the working hours (normally 38 hours) of the visa holder without breaching sponsorship obligations.
  1. Work visa holder working less than 38 hours per week will not be considered as breaching visa conditions. Make sure you keep all documents such as payslips and letters/notices from your employer in relation to your working hours during this period, as you may need them as evidence for your next visa application.
  1. If a 4-year work visa holder (such as 457/482)  is re-employed after the coronavirus pandemic, their time already spent in Australia will count towards their permanent residency skilled work experience requirements. You must keep all documents such as payslips, letters and notices from your employer about changing your working hours, or changing jobs as you may need them as evidence for your permanent visa application.
  1. If you are laid off, and seeking new sponsor, make sure you keep all documents such as payslips, termination letters or notices, employment reference letters as evidence of your employment with the former sponsor, as you may need them as evidence for your next visa application.
  1. Work visa holder lost the sponsored job and cannot secure another sponsor is asked to leave Australia – the law and police have not changed in this area.

 

Working holiday visa holders –

  1. Working holiday visa Holders working in health, aged and disability care, agriculture, food processing and child care can work more than 6 months for one/same employer now and eligible for a further visa to keep working in these areas if their current visa is due to expire in the next six months.
  1. Can be eligible for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream.

 

Parish Patience Legal and Migration Services
P  61 2 82976700 | M 0434 236 236 | info@parishlaw.com.au

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