A permanent visa holder in Australia is usually permitted a 5-years travel facility on the visa. Accordingly, the visa holders are free to travel from and to Australia as many times during this period, starting from the date of grant of the permanent visa until the expiry of the visa. After the 5-years period, the travel facility expires and the visa holder needs to apply for and be granted either a Resident Return visa or Australian citizenship to re-enter Australia. Resident Return visas, Subclass 155 and Subclass 157, allow a permanent visa holder to re-enter Australia as a permanent resident after the expiry of the travel validity. Eligibility for Resident Return visas You must: Be Australian Permanent resident, or former Australian permanent resident, or former Australian citizen Meet the residence or substantial ties requirements Not hold an Authority to Return or Return Endorsement (as issued prior to 31 December 1986) Meet the character requirements Not have a cancellation action on business grounds for a business skills visa Not have had a visa cancellation or a previous application refusal There are no age requirements to apply for Resident Return visas. Further, there is no cap on the number of Resident Return visas a visa holder can apply for. Validity of Resident Return visas Where the applicant: Has lived in Australia for 2 years (730 days) in the last 5 years, usually gets a 5-year travel validity; Has not lived in Australia for 2 years in the last 5 years but demonstrates substantial ties that benefit Australia, usually gets a maximum of 12-months travel validity; Meets the requirements for being a dependent family member, usually gets a maximum of 12-months travel validity; Has compelling and compassionate reasons for departure, usually gets a 3-months travel validity. It is important to know that if you leave Australia after your travel validity expires, or it expires when you are outside Australia, you will not be able to return to Australia as a permanent resident. Thus, it is highly recommended that you keep a track of your travel facility expiration and promptly apply for a Resident Return visa before the travel expiry in order to avoid any delays in your plan. Each applicant has to apply for this visa separately and you cannot include family members in one application. However, if you declare your family members in your application, your applications can be processed together. If you want to know more about these visas or are seeking any migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your situation.
Migration Amendment Instrument 2020 The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 dated 15 July 2020 (“the Instrument”) amends the Arrangements for Child Visa Applications 2016/051. The arrangements for child visa applications instruments specify the form, place and manner for making an application regarding the Child (Migrant) Visas – Subclass 101 (Child), Subclass 102 (Adoption), Subclass 117 (Orphan Relative); the Child (Residence) Visas – Subclass 802 (Child) and Subclass 837 (Orphan Relative); and the Extended Eligibility (Temporary) Visa – Subclass 445 (Dependent Child). The Instrument corrects a drafting error in the Arrangements for Child Visa Applications 2016/051, as amended vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 dated 30 March 2020, where the option for an application for visa Subclass 445, for a dependent child outside Australia to be made outside Australia, was removed. The Instrument was registered on the Federal Register of Legislation on 16 July 2020 and has commenced from 17 July 2020 and is now in effect. Accordingly, it resumes the process of lodging an application for a dependent child outside Australia of a visa holder of Subclass 309, 310, 445, 820 or 826 through Form 918. Migration Centre of Australia has a team of migration specialists who deal with child visas. If you are seeking assistance in this visa category, Write to us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney.
On 10 July 2020, the Victorian Government has announced AUD $534 million economic survival and jobs package to support businesses and workers in the State. This is in addition to previously announced assistance of AUD $1.7 billion and other range of government assistance including support for job seekers and renters, setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours, relief payments for temporary visa holders, support for multi-cultural and multi-faith families, and public housing support. The ‘Support for Businesses’ package includes: Refund of full payroll tax to small and medium-sized businesses for the Financial Year 2019-20. Defer payment of payroll tax by small and medium-sized businesses until 1 January 2021 for the tax of first three months of the Financial Year 2020-20 2021. Connect businesses that need staff with prospective workers through the ‘Working for Victoria’ initiative. Access to Business Support Fund to support the hardest hit sectors and other small businesses. Access free online courses, live and on-demand events and other business resources through the ‘Upskill My Business’ initiative. Financial support to tourism operators affected by temporary lockdowns due to COVID-19 through the ‘Tourism Accommodation Support Program’.
To facilitate travel exemptions in response to travel restrictions due to COVID-19, the Department has created a dedicated portal, the Travel Restriction Exemption Portal, to seek a travel exemption from the from the Commissioner of ABF (Australian Border Force) for travelling to, or out of Australia. While temporary visa holders may still be able to leave Australia and go back to their home country where practical, the Government has imposed overseas travel restrictions on Australian citizens and permanent residents to leave from Australia, who may be able to seek a travel exemption from the ABF Commissioner to be allowed to travel. A person affected by the current COVID-19 travel restrictions are eligible to apply for the exemption and include: Immediate family members of an Australian citizen or permanent resident (being spouses, de facto partners, dependent children and legal guardians) New Zealand citizens usually resident in Australia Persons having a compelling or compassionate reason to travel to Australia urgently, including critical skills and medical emergencies Persons believing they meet the departure travel restriction exemption. The departure travel restriction exemption allows travel only if your travel relates to respond to the COVID-19 outbreak, conduct critical industries and business, receive urgent medical treatment, attend urgent and unavoidable personal business, serve the national interest, or for compassionate or humanitarian grounds. A person seeking a travel exemption is required to submit a request at least 4 weeks, but not more than 3 months, prior to travel.
In a recent joint media release, the Government acknowledges that International students are important to Australia and to the Australian economy. In response to the impact of COVID-19 Pandemic, the Government announces changes to the student visa arrangements to ensure that ‘international students are not worse off due to the coronavirus pandemic’ and Australia remains a priority study destination. The five key changes include: Recommencing the grant of student visas lodged outside Australia to enable students to make travel arrangements as soon as the border reopens. Waiving off a further student visa application fee for International students who were unable to complete their studies within their original visa validity due to COVID-19. Counting online study undertaken by current student visa holders outside Australia due to COVID-19 towards the Australian study requirement for a post-study work visa. Making the graduates holding a student visa eligible to apply for a post-study work visa outside Australia if they are unable to return to Australia due to COVID-19. Giving additional time to the applicants for providing English language results where access to these services has been disrupted due to COVID-19. The Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Hon Alan Tudge MP, said, “These measures back the international education sector – our fourth largest export sector – and will assist its recovery.” These changes will come into force upon making relevant legislative changes and are currently not applicable.
The Arrangements for Child Visa Applications 2016/051 was amended vide the Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 dated 15 July 2020. Accordingly, a compilation of the Arrangements for Child Visa Applications 2016/051 incorporates the amended text of the law and is in force from 17 July 2020, registered on 22 July 2020. The compilation incorporates the amendment to a drafting error, where the option for an application for visa Subclass 445, for a dependent child outside Australia to be made outside Australia, was removed vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020. After the amendment, an application by a dependent child of a visa holder of Subclass 309, 310, 445, 820 or 826 visa outside Australia can be made through Form 918. To access the compilation of the Arrangements for Child Visa Applications 2016/051, click here.
The Australian Citizenship Regulation 2016 made under the Australian Citizenship Act 2007 (Cth) was amended to incorporate the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 dated 11 June 2020 and the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020 dated 19 March 2020. Accordingly, a compilation of the Australian Citizenship Regulation 2016 incorporates the amended text of the law and is in force from 01 July 2020, registered on 22 July 2020. The Government vide the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 dated 11 June 2020 increased the surcharge for payments by credit cards and PayPal for certain fees and charges collected under the Australian Citizenship Act 2007 (Cth), the Customs Act 1901 (Cth), and the Migration Act 1958 (Cth). Accordingly, payments by credit cards and PayPal for fees and charges, including visa application charges (VAC), sponsorship and nomination fees, and citizenship-related fees will be charged at 1.4% for payments by credit cards, an increase from previous 1.32%, and 1.01% for payment by PayPal, a slight increase from previous 1%. To access the compilation of the Australian Citizenship Regulation 2016, click here.
According to the Department of Home Affairs (DoHA), more than 5 million people have become Australian citizens since the introduction of concept citizenship in Australia in 1949 vide the erstwhile Nationality and Citizenship Act 1948 (Cth). There is no doubt that the idea of citizenship remains ‘fundamental to [one’s] national identity’ as the Department continued to conduct online citizenship ceremonies even while the face-to-face ceremonies were temporarily suspended due to the outbreak of Covid-19 (Coronavirus) pandemic. The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has recently stated that, “The Morrison Government recognises the importance of Australian citizenship for migrants and for the wider Australia community. Already in 2019-20, more than 157,000 people have been conferred Australia citizenship, up 70% on the same period in 2018-19”. The table below shows the former nationality and the number of people who were conferred Australian citizenship in 2018-19 (01 July 2018 to 30 June 2019). NATIONALITY NO. OF PEOPLE India 28,470 United Kingdom 13,364 Philippines 9,267 China (mainland China only) 7,974 Sri Lanka 4,861 Vietnam 3,501 Pakistan 3,360 Nepal 3,294 Iraq 3,087 South Korea 3,062 Other 47,434 Total 127,674 During this period, the Department conferred citizenship to nationals from at least 200 different countries. If you have any questions or are seeking migration related advice on this issue, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
Recently, in Victoria, the Assistant Minister for Customs, Community Safety and Multicultural Affairs, Jason Wood met with representatives from various cultural backgrounds, and heard of the challenges faced by multicultural communities and their resilience during the ongoing COVID-19 pandemic. Mr Wood said, “At this time it’s vital to understand the concerns of multicultural community leaders, particularly about the ongoing impact of the coronavirus on migrants and visa holders.” He also said, “The cooperation and resilience displayed by communities during this challenging times is inspiring and a testament to Australia’s multicultural success story…I look forward to ongoing engagement and collaboration with multicultural communities to safely navigate and recover from the COVID-19 pandemic.”
In addition to existing occupations for skills assessment, VETASSES is now assessing skills for the following three trade occupations for migration: Fitter and Turner (ANZSCO Code – 323212) Fitter-Welder (ANZSCO Code – 323213) Toolmaker (ANZSCO Code – 323412) To know more about the skills assessment for migration, click here.