18/09/2020
GOOD NEWS in Immigration Law Today...!
Migration Amendment (COVID-19 Concessions) Regulations 2020
The Migration Amendment (COVID-19 Concessions) Regulations 2020 (the COVID-19 Concessions Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to assist certain temporary and provisional visa holders, including individuals who are on a pathway to permanent residence, who have been disadvantaged by the consequences of the COVID-19 pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn.
Schedule 1 to the COVID-19 Concessions Regulations amends the Migration Regulations in six Parts.
Part 1 – COVID-19 concession period inserts concession period as a defined term in the Migration Regulations. The initial concession period begins on 1 February 2020 and continues until a date determined by the Minister in a legislative instrument. Additional concession periods can be specified as required, to begin immediately after the end of the initial concession period or at a later date. The duration of a concession period may vary for different purposes.
Part 2 – Subclass 887 (Skilled – Regional) visas amends the criteria for the Subclass 887 visa to provide concessions in relation to application requirements, and in relation to visa criteria requiring specified periods of residence and full-time work in regional Australia. The Subclass 887 visa is a permanent visa and the amendments assist holders of qualifying provisional visas or related bridging visas, who are on a pathway to the permanent visa.
Part 3 – Subclass 888 (Business Innovation and Investment (Permanent)) visas amends visa criteria to provide concessions to visa applicants who are on a pathway from the Subclass 188 (Business Innovation and Investment (Provisional)) visa to the Subclass 888 (Business Innovation and Investment (Permanent)) visa. The amendments provide concessions in relation to application requirements, and in relation to visa criteria requiring specified periods of residence, and specified levels of business and investment activity. The amendments also permit Subclass 188 visa holders to obtain another Subclass 188 visa if they need more time to establish a qualifying business in Australia.
Part 4 – Subclass 790 (Safe Haven Enterprise) visas provides concessions to holders, and certain former holders, of a Subclass 790 (Safe Haven Enterprise) visa (SHEV) in relation to eligibility to apply for other visas. SHEV holders, and certain former holders, may be permitted to apply for other specified visas if, while the holder of a SHEV, they are employed (and not in receipt of Special Benefit payments), or study full-time, in a specified regional area for a total period of 42 months. The concession is that periods may be counted toward the 42 month requirement if, during a concession period, the applicant was unemployed, or was receiving Special Benefit payments, or was employed outside a specified regional area in a specified essential service.
Part 5 – Subclass 485 (Temporary Graduate) visas amends the application requirements and visa criteria for the Subclass 485 (Temporary Graduate) visa, to assist international students, by allowing applications for this post-study visa to be made from outside Australia during a concession period. The amendments also allow the visa to be granted to an applicant who is outside Australia. Prior to this amendment, most applicants were required to be in Australia to apply for the visa and to be granted the visa. The amendments provide former international students with the opportunity to obtain a visa to return to Australia when travel restrictions are lifted. The visa period will run from the date of entry to Australia.
Part 6 – Application and transitional provisions amends Schedule 13 to the Migration Regulations to provide for the application of the amendments and transitional arrangements.
