Latest Covid-19 Developments
The Federal government has released details of recent developments in the migration sector as a result of the COVID-19 pandemic:
Travel exemption requirements for individuals in critical sectors or with critical skills
An individual exemption may be granted if you are a non-citizen:
- travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response within Australia;
- providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies;
- with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry);
- delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no equivalent Australian worker is available;
- whose entry would otherwise be in Australia’s national interest, supported by the Australian Government or a state or territory government authority.
An individual can submit a request for a travel exemption under this category, or alternatively a business can submit a request on their behalf. The applications of multiple travellers within the same group/business can be linked, so that the requests are considered together.
The request can be made online through the Department of Home Affairs website.
Please note that you are not required to hold a valid visa when making the request, but you will need a valid visa when travelling to Australia.
Student visa fee waivers
The DHA will waive a student visa application fee to enable an applicant to lodge a further student visa application to complete their study. This will be available to students who held a student visa on or after 1 February 2020 and who couldn’t complete their course within their original visa validity period due to the impacts of the COVID-19 pandemic. This includes students who:
- deferred their study as they were unable to enter Australia due to travel restrictions;
- were forced to reduce to a part-time study load;
- were unable to complete their work-based training and/or placements.
Temporary Graduate (s485) changes
The DHA has changed the requirements for a Temporary Graduate (subclass 485) visa for those who have been affected by COVID-19:
- online study undertaken outside Australia as a result of COVID-19 travel restrictions will count towards the Australian Study Requirement for existing and new student visa holders. This change is applicable now;
- graduates affected by COVID-19 travel restrictions will be able to apply for and be granted a Temporary Graduate visa outside Australia (where they have met all the relevant requirements).This change is not applicable yet, but should be implemented in the near future.
Flexibility regarding student visa conditions
The DHA has advised that they are taking a ‘flexible’ approach where COVID‑19 restrictions have prevented certain student visa conditions being met. A student will not be in breach of their student visa conditions if they:
- have an approved course deferral
- are studying online.
Students are also temporarily allowed to work more than 40 hours per fortnight if they are:
- employed in the health sector, enrolled in a health related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID‑19
- employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider
- employed by a registered National Disability Insurance Scheme provider.
Student visa holders are also temporarily allowed to work more than 40 hours per fortnight if they are:
- employed in the health sector, enrolled in a health related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID‑19
- employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider
- employed by a registered National Disability Insurance Scheme provider.
Temporary Activity visa (subclass 408)
This visa allows you remain in Australia for up to 12 months, if you have no other visa options, and are unable to depart Australia due to COVID-19 travel restrictions
You are allowed to remain in Australia to continue your work in critical sectors including agriculture, food processing, health care, aged care, disability care and child care during the COVID-19 pandemic.
To be eligible, you need to have 28 days or fewer remaining n your current visa, or your last substantive visa expired fewer than 28 days ago.
Adrian Felton
Migration Consultant (MARN:0105680)
Please contact us directly if you have any questions regarding the above information.
Please Note: Many of the comments in this publication are general in nature and anyone intending to apply the information to practical circumstances should seek professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances.