2020 has been an unprecedented year due to COVID-19. Many changes have occurred from lockdown to border closure and travel ban! Unfortunately, these changes have also carried into 2021 and are most likely to continue.
The Department of Home Affairs have put in place a number of COVID-19 concessions to help you continue on your visa pathway if you have been disadvantaged by COVID-19 border closures, business restrictions or the economic downturn.
The COVID-19 concession period commenced from 1 February 2020 and is an interim arrangement.
Myth or Fact?
‘I am the holder of a 485 visa, which is about to expiry, will the department extend my current 485 visa due to the COVID-19?’ = MYTH.
Short answer is No. To date the department has not yet announced an extension for current 485 visa holders due to the COVID 19. Therefore, if your visa is about to expiry, you will need to make a visa application so you don’t be become unlawful and jeopardise your chances of remaining in Australia.
Most people get confused due to the new visa options for Hong Kong passport holders. Current and future students from Hong Kong will be eligible for a 5 year temporary graduate visa once they successfully complete eligible tertiary studies.
- Those former students already on a temporary graduate visa will be given an extension of up to 5 years, starting from 9 July 2020
- These graduates will also have a pathway to permanent residency after 5 years
- For those who study at a regional campus and choose to live and work in regional Australia, the pathway to permanent residency will be available after 3 years.
- For those who study at a regional campus and choose to live and work in regional Australia, the pathway to permanent residency will be available after 3 years.
Current temporary skilled visa holders from Hong Kong will be eligible for an additional 5 years from 9 July 2020 in addition to the time they’ve already been in Australia. They will also be eligible for a pathway to permanent residency at the end of that 5 years.
‘I am currently offshore, but have completed my classes online, am I allowed to lodge an offshore 485 visa application?’ = FACT.
Yes. The Department of Home Affairs changed the requirements for a Temporary Graduate (subclass 485) visa for those who have been impacted 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.
- 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 requirements).
Online study outside Australia is counted from the time of Student visa grant.
If you are applying from outside Australia you must hold or have held a Student visa in the past 12 months to apply.
Additional Temporary Graduate Visa
The Department of Home Affairs has announced a new initiative for an additional Temporary Graduate visa (first visa: post-study stream only) with an extra one or two years of post-study work rights for international students who:
- Were granted the first visa on the basis of study undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area; and
- Have an intend to live and maintain ongoing residency only in a regional centre or other regional area;
In order to be eligible for this visa extension, students need to have graduated from a regional institution, and resided (including all work and study) for at least two years in a regional area immediately before applying for their second 485 visa.
Applications for the second TGV in the Post-Study Work stream can be made from 20 January 2021
Second TGV in the Post-Study Work stream valid for two years: available to former international students who studied for their qualification at an educational institution in a regional centre or other regional area, and who, while holding the first TGV in the Post-Study Work stream, lived (and worked or studied, if relevant) only in a regional centre or other regional area for at least two years immediately before applying for the second visa. This requires a continuous period of at least two years in which the applicant did not live, study or work outside a regional centre or other regional area.
Second TGV in the Post-Study Work stream valid for one year: available to former international students, who don’t qualify for the two year visa, and who studied for their qualification at an educational institution in a designated regional area, and who, while holding the first TGV in the Post-Study Work stream, lived (and worked or studied, if relevant) only in a designated regional area for at least two years immediately before applying for the second visa. This requires a continuous period of at least two years in which the applicant did not live, study or work outside a designated regional area.