The government has now provided further clarity on certain concessions affecting the residence and employment requirements for certain visa types.

Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

Concessions have been granted to all subclass 485 streams, the Graduate Work, the Post Study Work and the Second Post Study Work streams, to allow eligible visa applicants to lodge and be granted their visa whilst outside of Australia if impacted by COVID travel restrictions during the concession period which commenced on 1 February 2020. Subsequent entrants can also be onshore or offshore for lodgement and grant.

Subclass 887 – Skilled Regional Visas – Onshore / offshore concessions

Applicants outside of Australia – During the COVID concession period which commenced on 1 February 2020, applicants can make their visa application outside Australia and be granted the visa while outside Australia.

In further concessions announced this month, these applicants have the following shorter employment requirements and shorter residency requirements:

• 9 months full-time work in a specified regional area. A concession of 3 months off the usual 12 month period; and
• 18 months residence in a specified regional area. A concession of 6 months off the usual 2 year period.

Applicants inside Australia – Those applicants applying onshore will still be required to meet the 2 years of residence in a specified regional area. However, they will also receive the 3 months employment concession of 9 months full-time work in a specified regional area.

Subclass 888 – Business Innovation Visa – Residency requirements

Applicants for Subclass 888 visas must usually have been physically present in Australia for a least 1 year in the 2 years immediately before they make the visa application.

From 1 February 2020, time spent overseas may be counted as being time spent in Australia if the applicant held one of the following visas:

• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream; or
• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream.

The first visa in the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream must have been granted on or before 30 June 2019.

DISCLAIMER This information is current as of 15 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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