The End of the COVID-19 Concession Period
The Department of Home Affairs has announced that the COVID-19 Concession Period has ceased as of 25 November 2023, following the changes on the COVID (subclass 408) visa in transitioning to cease accepting new applicants in September 2023 and complete closure on 1 February 2024.
What was the COVID-19 Concession?
The COVID-19 Concession was introduced on 19 September 2020 and took effect retroactively from 01 February 2020. The purpose of the concession was to assist visa applicants who were prevented from meeting certain visa requirements due to restrictions imposed during the COVID-19 pandemic (e.g., travel bans, lockdowns etc…). For instance, certain visa subclasss (e.g., Partner Visa Subclass 309) required the visa applicant to be outside Australia at the time when the visa is granted. This requirement was exempted given the travel ban imposed where international travel was made impossible.
How will the end of the Concession Period affect visa applicants?
The end of the COVID-19 concession period has a significant effect on the eligibility requirements and visa grant criteria for many visa subclasses. Many applicants will be forced to change their migration strategy or be aware of the necessary requirements if they have lodged or are looking to apply for one of the subclasses below:
Partner and Child Visas
If you lodged one of the following visas before 26 November 2023:
Prospective Marriage (subclass 300) visa
and
you were in Australia at any time during the COVID-19 concession period (from 1 February 2020 to 25 November 2023).
You can be in Australia at the time of the visa grant.
However, if you have lodged for any of the above visas, but you were not in Australia at any time during the COVID-19 concession period, you are now required to be outside Australia to be granted the visa.
Notably, from 26 November 2023 onwards, the offshore Partner (subclass 309) visa can be granted to applicants who are in or outside Australia.
Parent Visas
If you have lodged one of the following visas on or after 24 March 2021:
You will need to be outside Australia to be granted the visa.
If you have lodged one of the following visas on or after 24 March 2021:
You will need to be inside Australia to be granted the visa.
Employer Sponsored Visas
From 26 November 2023, if you lodge any of the following visas in the Temporary Residence Transition (TRT) stream:
The following COVID-19 concessions will no longer apply:
Periods of reduced work due to COVID-19 will not count towards meeting the work experience requirements for new subclass 186 or subclass 187 TRT stream nomination applications.
The COVID-19 concession to the age exemption for high income earning applicants will not apply to new subclass 186 or subclass 187 visa applications.
Skilled Regional (Subclass 887) Visa
From 26 November 2023 onwards, if you are applying for a subclass 887 visa, you must be in Australia at the time of application.
Under the COVID-19 concessions, applicants for the subclass 887 visa who are inside Australia only needed to demonstrate 9 months of full-time work (reduced from 12 months). From 26 November 2023, you can only access the employment requirement concession as a subclass 887 visa applicant if you:
held an eligible skilled provisional visa during the concession period, and
make a valid application within 3 months of Monday 26 February 2024.
Business Innovation and Investment Program Visas
COVID-19 concessions apply to provisional visa holders granted a subclass 188 visa on or before 30 June 2019 who wish to apply for a:
Business Innovation and Investment (subclass 188) visa in the Business Innovation Extension stream; or
The COVID-19 concessions will continue to apply for the above applicants for the subclass 188 or subclass 888 visa, so long as the application is lodged before midnight of 26 February 2024.
Temporary Graduate Visa
From 25 November 2023 onwards, all applicants for the Temporary Graduate (Subclass 485) visa must lodge their visa applications in Australia. However, subsequent entrant applications can still be lodged in or outside of Australia.
Applicants for the subclass 485 visa can continue to be granted the visa either in or outside Australia.
How Can Agape Henry Crux Help
If the ending of the COVID-19 Concessions Period has affected your eligibility for one of the above visas, contact us at Agape Henry Crux, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers are specialized in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.