Pinoy Australia Information Forum

Since the COVID-19 crisis the government has announced changes to policy and concessions for some visas. Among those are working hours for some student visa holders employed in critical sectors and 457 and 482 Temporary Visa Holders in Australia who are stood down and not laid off by their employer, access to superannuation for temporary visa holders, introduction of new COVID-19 stream – subclass 408 Temporary Activity Visa and waiver of some conditions imposed on certain visas.

Applicants for SC 870 Sponsored Temporary Parent sponsorship are now able lodge their visas while onshore.

The 870 temporary visa lets a parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen visit Australia for up to 3 or 5 years. There is no balance of family test for this visa.

The visa allows parents to stay in Australia temporarily for a period of up to five years at a time. Normally, a parent must be outside Australia for at least 90 days before being eligible to apply for a further Sponsored Parent (Temporary) visa.

One of the criteria for submitting a 870 visa is to be outside Australia. Due to the COVID-19 crisis and travel restrictions, for parents who would like to extend their stay in Australia (for up to 5 years) they may be able to submit their 870 visa without leaving Australia subject to the Parent Processing Centre approval, which has been lenient with these waiver requests during COVID-19 period.

To be granted permission the parent cannot currently hold an onshore visa with a condition 8503 or 8543. The condition must be waived before applying.

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Sponsored Temporary Parent visa - permission to lodge onshore

Condition 8558 (must not stay in Australia for more than 12 months in any 18 month period)

If you hold a Visitor visa with condition 8558 you should depart Australia before the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

If you are unable to depart Australia before this time for reasons beyond your control however, the Department do not expect you to apply for a further visa unless you are unable to depart before your visa expiry date.

The ‘No Further Stay’ 8503 waiver request will therefore be prioritised according to the visa expiry date, and not the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

𝗖𝗼𝗻𝗱𝗶𝘁𝗶𝗼𝗻 𝟴𝟱𝟱𝟴 𝗶𝘀 𝗻𝗼𝘁 𝗮𝗯𝗹𝗲 𝘁𝗼 𝗯𝗲 𝘄𝗮𝗶𝘃𝗲𝗱, 𝗵𝗼𝘄𝗲𝘃𝗲𝗿 𝗮 𝗯𝗿𝗲𝗮𝗰𝗵 𝗼𝗳 𝘁𝗵𝗶𝘀 𝗰𝗼𝗻𝗱𝗶𝘁𝗶𝗼𝗻 𝘂𝗻𝗱𝗲𝗿 𝘁𝗵𝗲𝘀𝗲 𝗰𝗶𝗿𝗰𝘂𝗺𝘀𝘁𝗮𝗻𝗰𝗲𝘀 𝘄𝗶𝗹𝗹 𝗻𝗼𝘁 𝗿𝗲𝘀𝘂𝗹𝘁 𝗶𝗻 𝘃𝗶𝘀𝗮 𝗰𝗮𝗻𝗰𝗲𝗹𝗹𝗮𝘁𝗶𝗼𝗻 𝗼𝗿 𝗵𝗮𝘃𝗲 𝗮𝗻𝘆 𝗻𝗲𝗴𝗮𝘁𝗶𝘃𝗲 𝗰𝗼𝗻𝘀𝗲𝗾𝘂𝗲𝗻𝗰𝗲𝘀 𝗳𝗼𝗿 𝗮 𝗳𝘂𝘁𝘂𝗿𝗲 𝘃𝗶𝘀𝗮 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻.

COVID-19 and visitor visas- Condition 8558

Immigration Matter	COVID-19 Concessions	Further information
482 TSS visa	Ok if stood down and as before if laid off (60 days to find another employer)	https://www.seekvisa.com.au/tss-visa-holders-affected-by-coronavirus/
186 visa	should a stood down 4-year TSS visa holder be re-employed after the coronavirus pandemic, their time already spent in Australia will count towards their permanent residency skilled work experience requirements	https://www.seekvisa.com.au/tss-visa-holders-affected-by-coronavirus/

Immigration Matter	COVID-19 Concessions	Further information
S48 bar	Cannot be waived	https://www.seekvisa.com.au/coronavirus-update-tss-student-and-485-visa-holders/
8503 condition (No Further Stay Condition)	Department being lenient with waivers	https://www.seekvisa.com.au/coronavirus-and-australian-visas/
8543 condition (No Further Stay” condition placed on student visas)	Department being lenient with waivers	https://www.seekvisa.com.au/coronavirus-and-australian-visas/

Immigration Matter	COVID-19 Concessions	Further information
Student visa holders offshore	Travel restrictions in place. We will update once we have a reopening date for International Students.	https://go8.edu.au/in-the-media-universities-propose-secure-corridor-rules-for-international-students
Student visa holder onshore	Flexible if not attended classes, extra hours for students working in certain industries. Access to superannuation.	https://www.seekvisa.com.au/coronavirus-and-australian-visas/

408 visa

New COVID-19 stream

Nil visa application fee and work rights are available in some circumstances

https://www.seekvisa.com.au/408-visa-covid-19/

Working Holiday Makers (WHM) in Australia	Working holiday makers who are working in some critical sectors will be exempt from the six month work limitation with the one employer and eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months.	https://www.seekvisa.com.au/visa-flexibility-for-working-holiday-makers-supporting-critical-sectors/
Working Holiday Visas who have not activated their visa	As before, must arrive within 12 months of grant and have 12 months validity from the time you arrive in Australia.

Citizenship eligibility	No exemptions for residence requirements	https://www.seekvisa.com.au/exemptions-to-citizenship-residence-requirements-and-covid-19/
Citizenship Ceremonies	Online invitations have commenced	https://www.seekvisa.com.au/online-citizenship-ceremonies-being-trialled-during-coronavirus-crisis/

Australians wanting to depart

As an Australian you cannot leave Australia due to COVID-19 restrictions unless you have an exemption.

https://covid19.homeaffairs.gov.au/leaving-australia

You can apply for an exemption online

Non Australians leaving Australia

international visitors are encouraged to return home when possible to do so.

https://covid19.homeaffairs.gov.au/leaving-australia#toc-0

Entering Australia

Exemptions by commissioner for temporary visa holders with compelling and compassionate grounds

Direct family members of Australians can apply to enter AU

Australians and NZ citizens usually resident can enter

https://www.seekvisa.com.au/travel-exemptions-determined-by-the-commissioner/

https://www.seekvisa.com.au/coronavirus-and-australian-visas/

All arrivals have a 14 day isolation

Australians: Australian Citizens and Permanent residents

Electronic Travel Authority (ETA)

Online applications for the ETA are unavailable while the travel restrictions are in place.

https://www.seekvisa.com.au/covid-19/

Seekvisa’s COVID-19 action plan

The Seekvisa team have plans in place to ensure ongoing operation for our current and prospective clients. We are able to work entirely remotely in the event that self-isolation is required or the offices are closed, including accessing client files, emails and phones, lodging applications, and accessing documents.

COVID-19- Latest updates Coronavirus and Australian visas TSS visa holders affected by Coronavirus State migrations closing in response to COVID-19 COVID-19, TSS, Student and 485 visa holders COVID-19 and New Zealand visas 408 visa for COVID-19 Visas eligible for government support