It’s been a year that will be remembered for the major events relating to the pandemic but also a year many of us will want to forget about in a hurry. No year in recent history has had such a profound impact on the global economy, the health of humanity and the international movement of people all at once. It would be too long to list all the changes, so instead we will list the top 5 changes to visas and immigration in Australia in 2020. 

Closure of Australia’s borders

To limit the spread of COVID-19 in Australia, the Federal Government closed Australia’s international borders on 20 March 2020. Non-citizens and non-permanent residents were banned from entering Australia with only a few exceptions. This was an unprecedented decision and one that effectively put a stop to immigration into Australia. Australia’s borders are set to remain closed until at least the middle of 2021. 

Huge cut to the skilled migrant intake

In response to the closure of Australia’s borders, the skilled migration intake was dramatically reduced. State and territory governments across Australia temporarily suspended their skilled nomination migration programmes. The Prime Minister announced that migrant arrivals would fall by 30 per cent in 2019-20 and by 85 per cent in 2020-21. Skilled visas account for a large proportion of Australia’s annual immigration intake.    

COVID-19 pandemic event visa

One of the most helpful initiatives by the Federal Government to assist those unable to make plans to return to their home countries was the introduction of the Subclass 408 COVID-19 pandemic event visa. This visa was designed to provide a pathway for certain people who hold or recently held a temporary visa, to remain in Australia lawfully and to address workforce shortages in critical sectors arising from the COVID-19 pandemic such as agriculture, health and aged care. For many, it was the visa of ‘last resort’ to ensure it gave them some extra time in Australia to prepare for a safe return home. 

Concessions for temporary visa holders

The almost complete shutdown of the Australian economy during the height of the pandemic resulted in many visa holders and employers being significantly disadvantaged. The Federal Government responded to this by introducing concessions for a range of visa holders. Some of these included:

• Businesses being permitted to reduce the working hours of their subclass 457 or 482 visa holders without being in breach of their employer obligations or the visa holders being in breach of their visa conditions

• Waiving of the student visa application fee to apply for a further student visa for students who held a student visa on or after 1 February 2020 and were unable to complete their study within their existing visa validity due to the impact of COVID-19

• Flexibility in working hour limitations for student visa holders employed in certain sectors

• Changes to the requirements for a Subclass 485 Temporary Graduate visa for those affected by the COVID-19 pandemic and wishing to apply for this visa

• Holders of the Subclass 417 or 462 Working Holiday Visa who were employed in critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 were permitted to count this as  ‘specified work’ to apply for a 2nd or 3rd Working Holiday Visa

• Working holiday visa holders working in critical sectors, including agriculture, food processing, healthcare and medical, aged care, disability care and child care are permitted to work for the same employer for longer than six months.

• Condition 8503 “no further stay” being waived for those who requested this and had less than 4 weeks before the expiry of their current visitor visa to apply for a further visa to extend their stay in Australia

Exemption requests to enter or depart Australia

The closure of Australia’s borders effectively prevented non-citizens and non-permanent residents from entering Australia. Australian citizens and permanent residents were also banned from departing Australia. There are exceptions to this travel ban. Depending on the circumstances, non-citizens and non-permanent residents wishing to enter Australia or citizens and permanent residents needing to depart Australia would need to request an exemption from the travel ban. This exemption request process is being handled by the Australian Border Force (ABF). 

See you in 2021!

The team at Titan Migration will be taking a much needed break over the festive season. Our last working day will be Friday 18th December 2020 and we will return in 2021 on Monday 18th January. Keep an eye out for our first blog of 2021 where we focus on the major changes to come for the partner visa programme in the new year. We would like to wish you all a happy and safe holiday season and we’re looking forward to welcoming the new year with you all upon our return.

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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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