1. When is the concession period?
1 February 2020 to a future date (the end date has not yet been provided by the DHA)
2. When can you apply?
On or after 19 September 2020
3. What are circumstances beyond the visa applicants control in this instance?
Depending on the visa you are applying for, circumstances beyond your control could mean:
·Unable to comply or apply for your visa due to travel restrictions that prevented you from returning to Australia.
·Unable to comply with some investment restrictions due to COVID-19
·Unable to comply with some resident or employment requirements due to COVID-19
4. Who is eligible?
Some visa holders and former visa holders. A former visa holder is a person who held the visa as specified but it expired during the concession period.
5. Who may be able to benefit?
Ø International Students who hold or held a subclass 500 visa and have been unable to return to Australia due to travel restrictions.
Ø Subclass 188 visa holders who have been unable to comply with their investments due to COVID-19 or unable to return due to travel restrictions.
Ø Subclass 489 regional skilled visa holders who have been unable to return due to travel restrictions.
Ø Subclass 489 regional skilled visa holders who were unable to work for 12 months in a regional area.
Ø Subclass 790 visa holders who received special benefits, were unemployed or worked outside of the specified region in as an essential worker.
• Subclass 485 visa concessions for subclass 500 visa holders or expired subclass 500 visa holders:
·Subclass 485 Visa holders are permitted to apply and have their visa granted from outside Australia during the concession period.
·Subclass 485 applicants who apply from outside Australia can apply for the subclass 485 visa even if their student visa expired more than 6 months ago.
·Subclass 485 holders can apply within 12 months of their course completion if they were unable to return between 1 February 2020 and 19 September 2020.
• Subclass 887 concessions for subclass 489 visa holders or expired subclass 489 visa holders:
·Subclass 489 Visa holders or expired subclass 489 visa holders are permitted to apply from and have their visa granted while outside Australia during the concession period
·If you are outside of Australia and hold or held a Subclass 489 visa holders that expired during the concession period are permitted to have 6 months of the time spent outside Australia counted towards the requirement to live in a region for 2 years.
· Subclass 489 visa holders inside or outside Australia the 12-month work requirement has been reduced to nine months for those who apply in the concession period.
·The live and work in a specified regional area periods may be further reduced if permitted by legislation.
•Subclass 888 concessions for subclass 188 visa holders
·Expired subclass 188 visa holders can apply for the subclass 888 visa if they apply within 3 months of the end of the concession period.
·Subclass 188 visa holders and expired subclass 188 visa holders who were not able to meet residency requirements for the subclass 888 visa due to COVID-19 travel restrictions are still able to apply if they meet certain requirements.
·Subclass 188 Business Innovation Extension stream current and former visa holders affected by travel arrangements are permitted to apply for up to two subclass 188 visa extensions.
If your subclass 188 visa was granted before 1 July 2019
· Former subclass 188 Business Innovation Stream visa holders, who held a subclass 188 visa during the concession period can apply for a new subclass 188 visa within 3 months of the end of the concession period
· Subclass 188 Investment Stream visa holders who lived in Australia for at least two years – Investment requirements for subclass 888 have been modified to allow withdrawal or cancellation during the concession period
· Subclass 188 – Significant Investor Stream holders who maintained their investment component in venture capital and emerging companies – now can use modified investment requirements for the subclass 888 which allow the withdrawal or cancellation during the concession period.
Contact us: Current and former visa holders who have been unable to return to Australia due to border closures and hold one of the eligible visas should contact an expert immigration advisor today to discuss your eligibility under the concession provisions at www.miglaw.com.au.