In recognising the significant skills shortages due to the COVID-19 pandemic and travel restrictions in Australia, the Department of Home Affairs have today announced the following changes that will benefit student visa and working holiday visa holders.

Relaxation of work rights

Effective immediately:

• All student visa holders can work more than 40 hours a fortnight. This will be reviewed to see if this needs to be changed by April 2022.
• Until the end of 2022, there will be no limit on the length of time Working Holiday Makers can work for the same employer (including at the same location).

Visa extensions

• From 18 February 2022, eligible Temporary Graduate (subclass 485) visa holders may have their visas extended to 30 September 2022 if caught outside of Australia between 1 February 2020 and 14 December 2021 due to COVID-19 travel restrictions.
• Similarly, Skilled Regional Provisional (subclass 489, 491 and 494) visa holders impacted by COVID-19 travel restrictions will have their visas extended by 3 years to enable them to build up time in Australia towards permanent residency pathways.
• Visa holders eligible for an extension will be notified directly by the Department.

This will provide sufficient additional time for all current and former Skilled Regional Provisional visa holders to make travel arrangements to start or resume living and working in regional Australia.

Refunds of Visa Application Charges

The following visa holders can apply for a refund of their visa application charge:

• Working Holiday visa makers currently offshore who come to Australia during the next 12 weeks (ie until 13 April 2022)
• Any Student visa holders currently offshore who come to Australia over the next 8 weeks (ie until 16 March 2022)

Refunds will be prioritised to enable quick travel to Australia.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Further to our update last month, the Australian Federal Government eased the border restrictions for eligible temporary visa holders on 15 December 2021 as planned. This means fully vaccinated Australian citizens, permanent residents and eligible visa holders  can now travel to and from Australia without needing an approved travel exemption.

The ban against the seven South African countries (South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi) has also been lifted.

Citizens of Japan and the Republic of Korea are also eligible to enter Australia if they are fully vaccinated and hold a valid Australian visa of any type.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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Further to our update yesterday the Australian Federal government announced last night it has deferred Wednesday’s planned easing of border restrictions for eligible temporary visa holders until 15 December 2021.

The reopening to travellers from Japan and the Republic of Korea will also be paused until 15 December.

This means the current arrangements for travel exemptions for temporary visa holders will remain in place until 15 December 2021.

The government says the temporary pause will allow it to gather further information about new Omicron variant of COVID-19.

Further updates will be provided as they come to hand.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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As we are getting ready to welcome temporary visa holders from 1 December, further restrictions have come into place as a new COVID-19 variant of concern, Omicron, emerges internationally.

Please note this information may change at any time and it is very important travellers stay updated.

New travel restrictions from certain Southern African countries
Travel restrictions are now in place for people who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days.

Australian citizens, permanent residents or their immediate family members entering Australia who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days must enter supervised quarantine for 14 days in line with state and territory requirements, irrespective of their vaccination status.

Any other travellers who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days are not permitted to enter Australia, even if they hold a travel exemption, eligible visa or are seeking to enter under a Safe Travel Zone arrangement.

Other than those countries, who can come to Australia?
Fully vaccinated Australian citizens, permanent residents and from 1 December eligible visa holders across a number of categories can now travel to and from Australia without needing to apply for a travel exemption.

Other visa holders will need to apply for a travel exemption even if fully vaccinated, with certain exceptions relating to travellers coming from the Safe Travel Zones of New Zealand, Singapore, South Korea and Japan.

Proof of vaccination
If vaccinated in Australia, travellers need to show airline staff their International Vaccination Certificate (ICVC).

If travellers are vaccinated overseas and do not have an ICVC, they need to present a Foreign Vaccination Certificate  that meets all of the requirements outlined by the Australian Passport Office. .

Quarantine and isolation – local requirements
Quarantine is determined by the States and Territories. To check requirements, see State and Territory Information for travellers.

Due to the new variant, Australian citizens, permanent residents or their immediate family members entering Australia who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days must enter supervised quarantine for 14 days in line with state and territory requirements irrespective of their vaccination status.

If vaccinated with a TGA approved vaccine and arriving in NSW, Victoria or the ACT and have not been in one of those countries in the past 14 days, there is no mandatory hotel quarantine but there are self-isolation rules of 72 hours from arrival.

Interstate travel once in Australia
Travellers returning to Australia may only enter and travel between NSW, Victoria and the ACT without quarantining.

PCR tests & travel declaration forms
Before returning to Australia, travellers must complete an online travel declaration and a COVID-19 PCR test at least 72 hours before departure

We can only reiterate restrictions may change at short notice even when people are mid-flight. Travellers need to also check their country of destination’s rules as well as transit countries.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Minister for Immigration, The Hon Alex Hawke, has today announced reforms to the Australian visa program to make it easier for skilled migrants to remain in Australia and continue working in industry sectors critical to Australia’s economic recovery.

There have been no regulations or policy details released and so it is very hard to know exactly who these changes will help or when they will be implemented. The Minister specifically identified the health and hospitality industries as intended beneficiaries of the changes.

From the limited information available, the proposed changes will:

• create a pathway to permanent residence for existing TSS and 457 visa holders in two-year occupations who have remained in Australia during the pandemic and are employed in the health and hospitality industries
• extend visas for skilled regional (provisional visa) holders (subclass 489, 491 and 494)
• extend by a further six-months the Visa Application Charge waivers for new Visitor visa applicants overseas to include expiries between 1 January 2022 and 30 June 2022
• allow Temporary Graduate visa holders, who have been unable to travel to Australia as a result of COVID-19 international border restrictions, to apply for a replacement visa
• increase the length of stay on Temporary Graduate visas in the Masters by Coursework and Vocation Education and Training (VET) streams
• simplify the requirements for Temporary Graduate visa applicants for VET sector graduates
• extend the existing measure for student and temporary graduates to recognise time spent offshore studying online to count towards qualifying for a Temporary Graduate visa application.

The only information available at this time is through media reports and Ministerial media releases and no legislation or policy has been released. There is no indication of when these details are expected.

This announcement follows an announcement to boost the number of students in Australia, the addition of new occupations to ANZSCO  (no changes to the TSS lists yet but could be expected) and the government’s decision to allow fully vaccinated eligible visa holders travel to Australia without an exemption from 1 December 2021.

There is obviously a lot of interest from employers and visa holders and we are closely monitoring the official government sources for officially published details before being able to provide specific advice of the impact of the changes on any particular business or visa holder.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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If your business employs 457/TSS visa holders then this webinar has critical information for you.

On 18 March 2018, significant changes were made to the Employer Nomination Scheme (subclass 186) which limited access to permanent residence for many applicants. These changes included:

• a reduced occupation list (only four-year occupations could apply)
• fewer age concessions
• an increase in the time an employee had to work for an employer from two to three years
• a limit of only two TSS visas for those employees in occupations on the two-year list.

To ensure that existing subclass 457 and subclass 482 visa holders would not be disadvantaged, transitional arrangements, also known as ‘grandfathering provisions’, were introduced to protect those employees who held, or had applied for, a subclass 457 visa application on 18 April 2017. This group of employees are currently able to apply for permanent residence based on the old rules as they applied before the change.

This concession ends on 18 March 2022.

If you have subclass 457 or subclass 482 visa holders who are grandfathered but have not yet applied for permanent residency, you will need to review their situation well before the March deadline and work through a specific plan of action for them.

For those who applied for a TSS visas after 18 April 2017, and who are nominated in two-year occupations, there will be very limited options for them to remain in Australia at the end of their second TSS visa.

Ajuria Lawyers will be holding a Webinar on 8 December 2021 at 1pm AEDT to discuss the possible options and recommended actions you should take.

Click here to register
Webinar will be recorded for those that cannot attend.

If you have any questions prior to the session, please do not hesitate to reach out. We hope to (virtually) see you there!

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Federal Government has today announced that certain fully vaccinated Australian visa holders will be able to travel to Australia from 1 December 2021, without the need to first seek approval from the Australian Border Force. This will also apply to those visa holders who are already in Australia but who have been unable to depart and return without that approval.

Travel bubbles with South Korea and Japan will also open from 1 December 2021, following the opening of the Singapore travel bubble on 21 November 2021. More countries expected to follow.

Those who hold the following visas will be permitted to travel to Australia from 1 December 2021:

Subclass 300 – Prospective Marriage visa
Subclass 400 – Temporary Work (Short Stay Specialist) visa
Subclass 403 – Temporary Work (International Relations) visa (other streams, including Australian Agriculture Visa stream)
Subclass 407 – Training visa
Subclass 408 – Temporary Activity visa
Subclass 417 – Working Holiday visa
Subclass 457 – Temporary Work (Skilled) visa
Subclass 461 – New Zealand Citizen Family Relationship visa
Subclass 462 – Work and Holiday visa
Subclass 476 – Skilled – Recognised Graduate visa
Subclass 482 – Temporary Skill Shortage visa
Subclass 485 – Temporary Graduate visa
Subclass 489 – Skilled – Regional (Provisional) visa
Subclass 491 – Skilled Work Regional (Provisional) visa
Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
Subclass 500 – Student visa
Subclass 580 – Student Guardian visa (closed to new applicants)
Subclass 590 – Student Guardian visa
Subclass 870 – Sponsored Parent (Temporary) visa

The full list of eligible visa holders is here: https://covid19.homeaffairs.gov.au/vaccinated-travellers.

The above eligible visa holders must be fully vaccinated with the following Therapeutic Goods Administration (TGA) approved or recognised vaccines (including mixed doses):

• Two doses at least 14 days apart of:
  • AstraZeneca Vaxzevria
  • AstraZeneca Covishield
  • Pfizer/Biontech Comirnaty
  • Moderna Spikevax
  • Sinovac Coronavac
  • Bharat Biotech Covaxin
  • Sinopharm BBIBP-CorV (for 18-60 year olds).
• Or one dose of:
  • Johnson & Johnson/ Janssen-Cilag COVID Vaccine.

The final vaccine dose must have been administered at least 7 days before travel to Australia.

Quarantine free travel arrangements apply only to NSW, Victoria and the ACT. If visa holders wish to travel on to another state or territory they may not be allowed to enter or may be subject to a quarantine period.

At this stage, it is unclear how processing for people offshore who have applied for one of the above visas will be affected and which visas will be prioritized.  Ajuria Lawyers will be in touch with our clients direct on any news on this.

Further information can be found on the Department of Home Affairs website https://covid19.homeaffairs.gov.au/vaccinated-travellers.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Federal Government has opened a consultation process and is inviting public submissions to assist with the planning of Australia’s Migration Program for 2022-23. Submissions are due by 3 December 2021.

The Department of Home Affairs have set primary questions for consideration which relate to the size and composition of the permanent Migration Program:

• Should the Australian Government increase/reduce/maintain the size of the Migration Program in 2022-23 and why?
• What is the ideal composition of the Skill and Family streams of the 2022-23 Migration Program?
• How can Australia remain attractive to prospective migrants to support our recovery from the impacts of COVID-19 in the short term and support a future Australia for 2030 and beyond?

They have also added supplementary questions about Australia’s migration settings:

• How can the Skilled stream of the Migration Program effectively address workforce shortages while boosting efforts to upskill and reskill Australians?
• How can the Migration Program help address the challenge of uneven population growth and economic development between urban and regional Australia?
• How can migration policy settings better support economic security of women in Australia overall, and migrant women in particular?
• How can migration policy settings better support social cohesion outcomes in Australia?

Ajuria Lawyers is working on submissions which will address the above and common challenges across our client base.

We will also be collaborating with our clients on their own specific response, due by close of business 3 December 2021.

For those that want to send a response direct to the Department, submissions can be sent to migration.policy@homeaffairs.gov.au addressed to: The Director, Permanent Migration Planning and Policy Section Department of Home Affairs

Submissions will not be published but de-identified content may be shared with other parties such as state and territory governments or other Commonwealth agencies unless requested not to do so. If you wish to discuss your organisation’s submissions, we would be happy to help.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The recent announcement of a safe travel zone between Australia and Singapore was another welcome sign that Australia is slowly but surely opening up to the rest of the world.

Details were initially scarce, aside from the commencement date of 21 November 2021, but further guidelines have been released today outlining exactly who can take advantage of this arrangement.

Who can travel to Australia from Singapore under this arrangement?
Only Singapore citizens (not temporary or permanent residents) can travel from Singapore to Australia quarantine-free and without requiring a travel exemption, provided they:

• Hold a valid Australian visa;
  • Please contact your Ajuria Lawyers advisor for visa assistance
• Are fully vaccinated with a completed dosage of a vaccine approved or recognised by Australia’s Therapeutic Goods Administration (TGA);
• Depart from Singapore and arrive in a participating state or territory (NSW, VIC or ACT at time of writing);
  • Interestingly, there is no requirement for an eligible traveller to have spent a certain amount of time in Singapore before coming to Australia, as there is for the Australia-NZ safe travel zone
• Provide proof of their vaccination status; and
• Complete an Australia Travel Declaration (ATD) at least 72 hours before departure, which involves making a legally binding declaration in relation to their vaccination status. Penalties will apply for giving false and misleading information, including potential criminal prosecution

Non-Singaporean citizens (including family members who are not Singaporean travelling with a Singapore citizen) are not eligible to travel to Australia under these arrangements. They will still require a travel exemption, which they may or may not be eligible for.

Finally, it is essential that eligible travellers are aware of following warning from the Department of Home Affairs:

Any change in the COVID-19 situation in Australia or Singapore could lead to a pause in quarantine-free travel arrangements without notice. You are responsible for checking the entry requirements for each state and territory in Australia, including quarantine arrangements.

Who can travel from Singapore to Australia under this arrangement?
Singapore has its own specific criteria for Australian citizens wishing to travel to Singapore under the safe travel zone. Further details can be found via the SafeTraveller website. If you need help with visas to Singapore, please contact our Global Team at global@ajurialawyers.com.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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