21.03.20 – Update COVID 19 and Australian Immigration

21.03.20 Update – COVID 19 and Australian Immigration

Travel Bans:

From 21:00 Australian Eastern Standard Time 20 March 2020, travel ban applies to ALL PERSONS who are not permanent residents or citizens or spouses, minor dependants and legal guardians of Australian citizens and permanent residents holding temporary visas.

Visa holders onshore:

457 and 482 Visa and Stood Down?

The Department has yet to publish or announce an updated policy approach to Visa Condition 8107 ‘Not cease or change work’. There is existing policy flexibility for Leave Without Pay (LWOP). We are confident there will be greater flexibility shown.

The Migration Laws for being onshore without a valid visa are unchanged and are unlikely to change.

If you are onshore with a visa expiry date approaching and cannot travel home, you can apply for a subclass 600 onshore visitor visa. See:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600/tourist-stream-onshore

If your current visa is subject to a ‘No Further Stay’ condition (8503, 8534 and 8535), DHA has placed extra resources to processing No Further Stay waiver requests. A No Further Stay waiver request is made using Form 1447 and emailing it to NoFurtherStayWaiverRequest@homeaffairs.gov.au.

Visa expired?

If you are onshore and without a valid visa, you are an ‘unlawful non-citizen’. If your visa has expired onshore, you can apply for a Bridging Visa E. See:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/bridging-visa-e-050-051

This can be applied for in ImmiAccount. You will not be permitted to work on a Bridging Visa E. Requesting permission to work is a separate application

Typically, you will be permitted to present at an Australian Airport for international travel as an unlawful non-citizen up to 28 days after expiry of last visa without sanction.

A Bridging Visa E can be applied for in ImmiAccount. You will not be permitted to work on a Bridging Visa E. Requesting permission to work on a BVE is a separate application.

Typically, the Bridging Visa E is granted for the purposes of making arrangements to travel to home country or to await the outcome of a visa application or Merits or Judicial Review application.

You cannot apply for another visa while on a BVE

Please call us on 02 8379 1256 or email info@boydml.com if you require assistance with the above.

Regards,

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