Migration Help-Coronavirus (COVID-19)

• No one other than Australian Citizens, Residents and their immediate family members are allowed to enter Australia with effect from 20 March 2020 at 9pm, quite an escalation from previous ban which only restricted temporary visa holders travelling from Mainland China, Italy, the Republic of Korea and Iran to travel. Thus, NO temporary visa holder can enter Australia until further announcement.
• Entry of immediate family members (only spouses, dependent children, legal guardians) of Australian Citizens and Residents is being determined on a case-by-case basis by the Department of Home Affairs. If they do not have a visa, they have to apply for a visa before they can travel.
• Australian Citizens and Residents are also restricted from travelling overseas with effect from 25 March 2020 at 12pm.
• Anyone entering Australia including Australian Citizens, Residents and their immediate family members must be under quarantine for at least 14 days.
• Temporary visa holders who have not been specifically exempted from entering Australia and attempt to travel may have visas cancelled. These individuals will be informed in writing about cancellation of the visa in response to the temporary travel restrictions and include information on how to seek revocation of such decision.

Visa Holders Who Cannot Return Overseas

If your temporary visa is expiring soon and you want to stay in Australia, apply for a new visa before your current visa expires. While decision is pending on your visa application, you may be​​​ granted a bridging visa that will keep you lawful in Australia.

If your visa has expired already, you must apply for Bridging E visa (BVE) immediately in order to maintain your lawful status in Australia.

If you require assistance with visa renewals or visa extensions it is important to obtain advice immediately as some conditions may require waivers which can prolong the application process.

Get an Expert Advice

 

Conditions on Visa

 

“No further stay” (Conditions 8503, 8534 and 8535)  

Certain visas have a “no further stay” condition which restricts the visa holders to apply for other substantive visas without leaving Australia. You may request the Department to waive this condition if your visa has less than 2 months validity. Once approved, you are eligible to lodge a new visa application or a visa extenstion. Contact Us to explore your eligible visa options.

Condition 8558

Certain visas have a condition which restricts visa holder to stay in Australia for more than 12 months in 18 months period. In such cases, you must apply for a new visa to remain lawful in Australia.

 

Please consider, if you stay unlawfully in Australia it may affect your ability to be granted a visa in future. If you are in such a situation, Contact Us so that we can explore your options and contact the Immigration Office to allow you to stay in Australia lawfully.

 

Discuss your situation with us

 

Visa Holders Who Cannot Return to Australia

Visa holders who are outside Australia and not eligible to travel will have to apply for a new visa when the travel restrictions are longer in place if:

• Your temporary visa or bridging visa is expiring or has expired already; or
• You are unable to enter Australia for your new visa before date of initial entry for your visa to come into effect.

Status of student visa holders who are unable to return to Australia will not be affected if they postpone and continue their studies later. However, if time taken to complete your studies goes beyond your visa expiry date, you will have to apply for a new visa.

In times of economic standstill and recession brought by Coronavirus (Covid-19), it is not hard to imagine many people losing jobs. This becomes more important in context of Temporary Skill Shortage Visa holders as this visa comes with Condition 8607 according to which if you cease employment with your employer you must search for a new employer (sponsor) within 60 days or prepare to leave Australia. Either of the following scenarios is likely to happen:

 

In Australia

 

Leave Without Pay

If you have been asked by your employer to take extended unpaid leave while still being on the payroll for not more than 3 months unless the employer is obliged to provide the leave under Australian workplace laws. Department will assess your situation on case-by-case basis.

 

Temporary Layoff 

If you have been temporarily laid off by your employer due to business contingencies, you may be in breach of condition 8607 considering you have ceased your employment with the sponsor, if your employer has not informed the Department or more than 60 days have passed since the layoff. Thus, before taking any such action, ask your employer to notify the Department and discuss particular circumstances to avoid the breach of your visa condition.

 

Outside Australia

Temporary visa holders (such as the TSS 482 visa/ 457 visa holders) who are ineligible to enter Australia may have their visa cancelled. The Immigration Department will make arrangements to reinstate visas as appropriate when the travel restrictions are longer in place.

The Department of Home Affairs has advised NOT to apply for any new visa without checking the latest information.

We understand you have a lot to worry about right now, depend on an expert migration advice. Call us directly on (02) 4626 100 or Contact Us for a preliminary discussion about your circumstances so that we can guide you towards taking the right decision.

For the time-being, we are only offering consultations over phone call, via Skype or via our own online platform where you can discuss your case with us in confidence.

Our team is well placed and safe, all staff are working from full office set up at their individual houses at different locations including an office phone line and as such, work is progressing as normal. If you require any assistance with visa renewals, extensions, bridging visas, submission to the Department or appeals, please do not hesitate to Contact us.

Last but not the Least, We are here for YOU!

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