Australian Visa Concessions During COVID-19

From 19 September 2020, a number of concessions will be available for certain Australia visa holders impacted by the COVID-19 pandemic, including, subclass 485, subclass 790, Business Innovation and Investment Program and the subclass 887 visa. The COVID-19 concession period commences from 1 February 2020 and is an interim arrangement.

Skilled Regional visa

COVID-19 concessions are available to assist subclass 887 visa applicants with their regional residency requirements.

The concessions are available to eligible applicants that have lived in a specified regional area for six months (the residence concession) and worked full-time in a specified regional area for three months (the employment concession). These applicants can lodge their visa application outside Australia during the concession period and be granted the visa while they are outside Australia.

These concessions will assist eligible prospective Skilled – Regional (subclass 887) visa applicants who have lodged their subclass 887 visa application on or after 19 September 2020 and during the 'concession period' (or within 3 months after the end of the concession period, if the visa applicant is in Australia). The concession period commenced on 1 February 2020 and will continue until a date to be specified.

Business Innovation and Investment Program

COVID-19 concessions are available to eligible Business Innovation and Investment Program (BIIP) applicants.

These concessions apply to applicants who were granted a Business Innovation and Investment (Provisional) visa (subclass 188) before 1 July 2019, and who wish to apply for a Business Innovation and Investment (Permanent) visa (subclass 888).

These concessions relate to:

  • application requirements

  • visa criteria requiring specified periods of residence

  • specified levels of business and investment activity

These concessions reduce disadvantages faced by subclass 188 visa holders and former visa holders, and subclass 888 visa applicants, who are negatively impacted by the COVID-19 pandemic. These concessions ensure that Australia remains competitive in the international market when attracting and retaining business and migrants of high economic value.

Applicants granted a subclass 188 visa on or after 1 July 2019 are not eligible for these concessions. This is to ensure the concessions focus on those who have already established their commitment to Australia and applicants who have been granted on or after 1 July 2019 have a longer time available on their pathway to permanent residence to recover from the impact of the COVID-19 pandemic.

Safe Haven Enterprise visa pathway (Subclass 790)

The Australian Government has provided concessions to Safe Haven Enterprise Visa (SHEV) holders seeking to meet the SHEV pathway requirements who are impacted by the COVID-19 pandemic. All SHEV holders (both current and former) seeking to meet the SHEV pathway requirements can count periods of time towards the pathway requirement if during a ‘concession period’ and while holding a SHEV, they:

  • access Special Benefit payments, or

  • are unemployed, or

  • work outside a SHEV regional area in an essential service

This means that during a concession period, the following periods will count towards the SHEV pathway requirements:

  • employment or study in a SHEV regional area, regardless of whether Special Benefit payments are received;

  • employment outside a SHEV regional area in an essential service, regardless of whether Special Benefit payments are received;

  • periods of unemployment (i.e. periods when the SHEV holder is not engaged in employment); and

  • periods during which the SHEV holder receives Special Benefit payments.

Temporary Graduate visa (Subclass 485)

The new amendments allow:

  • applications for this post-study visa to be made from outside Australia during a concession period;

  • the visa to be granted to an applicant who is outside Australia;

  • former international students with the opportunity to obtain a visa to return to Australia when travel restrictions are lifted. (The visa period will run from the date of entry to Australia)

For more information, please visit Migration Amendment (COVID-19 Concessions) Regulations 2020 and COVID-19 visa concessions

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’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.

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