Australia’s borders closed: What this means for your visa
The events of the past few weeks in Australia and around the world have been life changing for all of us. Many international flights have been cancelled, borders have been closed and lockdowns have been put in place in many countries. Many people currently in Australia have urgent questions about what this means for them. We will attempt to answer some of the big questions people are asking.
My current visa is about to expire but my country is in lockdown and I am unable to return right now. What can I do?
You may be able to apply for a visitor visa to extend your stay in Australia. The Department of Home Affairs has advised that if you are unable to return home before your current visa expires, you should apply for another visa to ensure that you remain lawful in Australia.
I want to apply for another visa to remain in Australia until the situation improves but my current visa has a “no further stay” condition. Am I still able to apply for another visa?
Yes. Visa holders with a no further stay condition (8503) on their current visa can request a waiver of this condition. Once this has been waived by the Department of Home Affairs, visa holders can then go ahead and apply for another visa to remain lawful.
I deposited a security bond for my mother’s sponsored family visitor visa which has a “must leave before visa expiry” condition. If she applies for another visitor visa to remain here, will I lose my bond?
At this stage it is unclear whether security bonds provided by an Australian family member will be refunded if a sponsored family visitor visa holder applies for another visa to remain in Australia. However, it is certainly possible to put forward a case for compelling and compassionate circumstances and request for the bond to be refunded. The Department of Home Affairs has indicated that they will assess these on a case by case basis.
I am currently holding a student visa. Can I work more than 40 hours per fortnight as my employer needs more workers?
Yes, if you work for one of the companies listed, the Department of Home Affairs has relaxed the 40 hour per fortnight work limit condition. These measures are temporary. Employers not on this list are able to apply to the Department of Home Affairs to be included on the list. You can find the list of companies here.
I applied for an onshore partner visa but recently went overseas on a Bridging Visa B. Can I return to Australia?
Yes, as long as you have evidence that you are the spouse or dependent child of an Australian citizen or permanent resident and have a valid visa to return to Australia. You will need to apply for a travel ban exemption on the Department of Home Affairs website to be permitted to return to Australia. If your visa is about to expire, you will need to apply for another visa which permits you to travel to Australia such as a visitor visa.
My offshore partner visa was granted last month and I am required to make my first entry into Australia before 30 June 2020. What should I do if there is still a ban preventing me from leaving my country?
Visa holders are advised to contact the relevant section within the Department of Home Affairs who granted their visa to request for an extension to the first entry date on their visa. For example, if your partner visa was granted by the Australian embassy in Phnom Penh, Cambodia, you are advised to contact that embassy.
Recent updates
On 6 April 2020, the Department of Home Affairs announced that holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services may apply for a COVID-19 pandemic event (Subclass 408) Temporary Activity visa. To be eligible for this visa, applicants must:
Hold a visa that will expire within 28 days or held a visa that expired no more than 28 days ago
Are unable to apply for the same temporary visa they hold or held, or any other temporary visa
Currently either work in or have relevant skills to undertake work in essential sectors
Last updated 16 April 2020
Social distancing and online consultations
We are taking the government’s health advice and guidelines seriously to ensure that you, your family, members of our team and the general public are safe and protected from the spread of COVID-19 (coronavirus). We have always offered online consultations (either over the telephone or through Skype) and to ensure that we comply with social distancing measures, we have moved to online consultations only. If you need our advice or assistance with your visa or immigration matter, please contact us on (02) 8328 0558 or book an online consultation.
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About Peter Chang
Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.
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