Here are some of the latest developments in Australian and New Zealand Immigration Law:
- Temporary changes to visa work conditions for students and working holiday makers
- Refunds of VAC charges for student visa and working holiday visa holders
- Visa extensions or enlivens for temporary graduate (subclass 485) holders
- Ability to review rejections of Travel Exemption Requests
- Update to the Newly Arrived Residents Waiting Period for welfare payments
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Temporary changes to visa work conditions for students and working holiday makers
As of 19 January 2022, the Government has removed the limit on working hours for Student visa holders across all sectors. This temporary change will extend to secondary Student visa holders and will be in effect until April 2022, when the change will be reviewed once again.
Additionally, the Government has relaxed the 6-month work limitation for Work Holiday Maker visa holders. From the 19th of January until the end of 2022, there will now be no limit on the amount of time that Working Holiday Makers can work for the same employer.
Both changes aim to assist Australian businesses that have suffered as a result of critical workforce shortages as a result of the ongoing COVID-19 pandemic.
For more information, please refer to the Home Affairs Website.
Refunds of VAC charges for student visa and working holiday visa holders
Offshore Student and Working Holiday Maker visa holders are now eligible for a refund of their visa application charge (VAC) if they travel to Australia between 19 January, and 19 March 2022. The announcement made by the Prime Minister on 19 January 2022 aims to encourage student and working holiday maker visa holders to rejoin the Australian workforce to address shortages in critical sectors. Purportedly, over 175,000 offshore visa holders would be eligible for the refund and should assist Australia’s economic recovery from the ongoing COVID-19 pandemic.
For more information, please refer to the Home Affairs Website.
Visa extensions or enlivens for temporary graduate (subclass 485) holders
Beginning on 18 February 2022, eligible Temporary Graduate (subclass 485) visa holders will have their visas extended or enlivened. This will allow visa holders who have been affected by the COVID-19 travel restrictions to live and work in Australia until they are eligible for the COVID-19 Temporary Graduate (subclass 485) replacement stream visa, which opens for applications on 01 July 2022.
The eligibility criteria for a Temporary Graduate visa extension are:
- visa holders must have held a Temporary Graduate visa on 15 December 2021
- the current visa expires before 30 September 2022
- the primary visa holder was in Australia at time of the visa grant
- the primary visa holder has been outside Australia for any period between 1 February 2020 and 14 December 2021 (inclusive)
- the visa has not been cancelled since 15 December 2021
- the holder has not been granted a further substantive visa since 15 December 2021
The eligibility criteria for a Temporary Graduate visa enlivening are:
- visa holders must have held a Temporary Graduate visa that visa expired between 1 February 2020 and 14 December 2021 inclusive
- the primary visa holder was in Australia at time of grant
- the primary holder of the visa has been outside Australia for any period between 1 February 2020 and 14 December 2021 inclusive
- the visa was not cancelled
- the visa holder has not been granted a further substantive visa.
Visa holders who are eligible for a visa extension will have their visas extended automatically. The Department will notify you directly if you are eligible, and the extension will be provided free of charge. It will also include all family members that were included in the original visa.
For more information, please refer to the Home Affairs Website.
Ability to review rejections of Travel Exemption Requests
Applicants who have received a rejection of a travel exemption request can now appeal the decision through the online portal. Applicants are eligible to appeal within 21 days of the refusal, which prompts a senior officer who has not reviewed your case before to reconsider all available information that was available to the original decision-maker. The Department will aim to provide an updated decision and reasons within a window of 15 business days of receiving the review request.
The Department asks that a request for review be submitted if:
- There is new information available to support the request
- The Applicant’s circumstances have changed
- Government policy has changed
For more information, please refer to the Home Affairs Website.
Update to the Newly Arrived Residents Waiting Period for welfare payments
Due to pending legislation, the proposed changes to the Newly Arrived Residents Waiting Period (NARWP) for welfare payments will come into effect on the first 01 July or 01 January that occurs after the legislation passes.
The changes will affect the following:
- Carer Payments
- Carer Allowance
- Family Tax Benefit Part A
- Family Tax Benefit Part B
- Parental Leave Pay
- Dad & Partner Pay.
The proposed changes will also ensure the existing four-year waiting period for concession cards is applied consistently to relevant temporary visa holders, in line with permanent visa holders.
For more information and to stay up to date with the proposed changes, please refer to the Department of Social Services Website.
