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As expected, COVID-19 is still casting uncertainty over many aspects of migration and international travel. Big drops in the number of migrants to Australia, as well as worrying unemployment figures, are fuelling public debate over what Australia’s post-COVID migration program should look like. All eyes are on the 2020-21 Budget, due for release on October 6, which will likely contain some big announcements on migration policy.
In this edition, we give you a quick update on travel restrictions and citizenship tests; the state of offshore and onshore visa processing; and key points of contention in Australia’s migration debate, and how they might impact future visa applicants. We also cover the policy announcements – still very light on detail – regarding visas for Hong Kong residents.
Kind regards,
Linda McCreath
Principal Lawyer & Managing Director
Abacus Visa Immigration Lawyers
MARN: 0104387
Indefinite travel restrictions for Australian citizens, permanent residents and non-citizens
Offshore visa approvals on hold, some permanent onshore visas processed
Also on hold – citizenship tests and interviews
What to watch for in the debate over Australia’s post-COVID migration program
Visas for Hong Kong residents a case of wait and see
International travel in or out of Australia very likely won’t happen until mid-next year, unless you’re part of an extremely small group of people granted permission for ‘essential’ travel. Prime Minister Scott Morrison has hinted at possible travel bubbles with New Zealand and Japan, but the details will take time to work out. The recent resurgence of new coronavirus cases in Victoria complicates things further. In sum:
If you are... | Travel guidelines and restrictions |
An Australian citizen or permanent resident | You can’t leave Australia unless you have an exemption under at least one of the following:
You can apply for a travel exemption online. You should apply at least 4 weeks, but not more than 3 months before your planned travel. Extensive evidence must be provided to support your application. While it is possible to apply for an exemption, practical challenges remain – flights are limited and expensive, and returning travellers have to contend with paying for the cost of mandatory quarantine (up to $3,000 for solo travellers to $5,000 for families in some states). |
A temporary visa holder | You can make arrangements to return to your home country at any time, provided border controls in that country allow you to do so. There is no need to apply for a travel exemption. |
An international visitor | You should return home as soon as reasonably possible. |
These guidelines and restrictions can change any time – if you are considering travel abroad, you should check the Department of Home Affair’s website for updates.
As long as travel restrictions remain in place, offshore visa applications are unlikely to be processed for the time being, except those considered essential to the COVID-19 pandemic response.
However, there is some good news on the permanent onshore visa front. We have had several onshore spouse/partner visas (Subclasses 820 and 801) finalised recently, as well as received approvals for nominations and visa applications under the Employer Nomination Scheme (Subclass 186).
As usual, the key to maximising the potential for a favourable outcome is submitting a decision ready application; that is, an application containing all the forms, fees and supporting documents required by the Department. Prompt responses to requests for further information are also important.
Citizenship tests, interviews, and in-person citizenship ceremonies generally continue to be postponed due to COVID-19.
In-person citizenship interviews and tests | Restarted in Western Australia from 6 July 2020. The government has yet to determine it safe to do so in other states and territories. |
New applications for Australian citizenship | Are being accepted. Applications for Australian citizenship that have already been lodged with the Department continue to be processed. |
Citizenship ceremonies | Being delivered online, allowing already approved applicants to continue to become Australian citizens. From June 2020, some jurisdictions with eased COVID-19 restrictions will reintroduce small in-person citizenship ceremonies. |
Conferees | Generally have 12 months from notice of approval to attend a ceremony and make the pledge of commitment. However, COVID-19 means that citizenship approval will not be cancelled if a conferee cannot attend a ceremony within this 12 month period. |
With the Australian government projecting a 30% decline in the number of migrants in the 2019-2020 financial year, and an 85% drop in 20201-21 (compared to 2018-19), public debate over how Australia’s post-COVID migration program should be managed is heating up. Everyone agrees that migration will play a key role in Australia’s economic recovery from COVID-19, but there are conflicting views over the number, composition, and restrictions on visas, particularly those with work rights.
The outcome of this complex debate will have major implications for employers, and current and potential temporary and permanent visa holders. Key issues to watch for in the coming months include:
Concerns over a sweeping national security law in Hong Kong that cracks down on political freedoms has prompted Australia to extend the length of visas for certain Hong Kong residents. So far, we’ve been told:
It’s worth noting that these are policy announcements only – no legislation has yet been enacted. There is a lack of information around how the application process for an additional five years of work rights will work, or how these announcements will impact Hong Kong residents with visas expiring soon. Potential applicants will have to wait until further details are revealed.
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