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COVID-19: Migration Legislation Changes for 489 Visa Holders

18/09/2020BY Migrate 2 Oz

COVID-19: Migration legislation changes that may affect 489 visa holders,

Australia has introduced COVID-19 Concessions for Subclasses 887 holders to ensure that temporary and provisional visa holders, including individuals who are on a pathway to permanent residence, are not disadvantaged by circumstances beyond their control, including border closures, restrictions imposed on businesses, and the general economic downturn related to COVID-19. The amendments provide concessions to visa requirements and conditions where the impact of COVID-19 would otherwise prevent or disrupt visa holders and applicants from meeting them.

As a 489 visa holder, you need to have lived in a regional area for at least two years and have worked full time in a regional area for at least one year to convert your current 489 visa to a Permanent Residence visa.

The amendments include changes to:

  • allow both primary and secondary provisional visa holders and primary and secondary former provisional visa holders (whose visas expired during a concession period) to apply for a Subclass 887 visa while outside Australia during a concession period;
  • allow Subclass 887 visas to be granted to applicants who are outside Australia;
  • provide provisional visa holders and former provisional visa holders (whose visas expired during a concession period) with a concession toward the requirement to live for two years in a specified regional area. The applicant is taken to have lived in a specified regional area for six months (or a longer period specified in a legislative instrument) if the applicant was outside Australia during a concession period and made the application during the concession period;
  • reduce the requirement for full-time work in a specified regional area from 12 months to nine months (or a shorter period specified in a legislative instrument) if the applicant held a provisional visa during a concession period and the application is made no later than three months after the end of the concession period; and

The reference above to provisional visas is a reference to the Subclass 489 visa and to four skilled visas which previously provided a pathway to the Subclass 887 visa but are now closed to new applications being the Subclass 475 visa, the Subclass 487 visa, the Subclass 495 visa, and the Subclass 496 visa

If you are ready to apply for your permanent residence visa get in touch with us and let’s do this as soon as possible!

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