We are all watching with great sadness as the humanitarian situation in Ukraine continues to deteriorate. We are feeling a sense of helplessness and thought it may help by providing a summary about Australian visa options.

For those offshore with Australian applications pending
The Australian embassy is trying to contact applicants with visa applications already lodged with the Department to grant them a Temporary Safe Haven – Humanitarian Visa (Subclass 449). These are granted for a period of 6 months and will have a limitation that the person cannot apply for another visa in Australia without the Minister’s permission. It is a short-term solution to assist Ukrainian nationals or passport holders to enter Australia.  It does not require medicals or police clearances.

Unfortunately, the 449 visa is not a visa someone can just apply for. It requires an offer or an invitation by the Department, an acceptance by the individual, and then an ‘endorsement’. The 449 was used for Afghan evacuees, with the most recent update published here. There is no current update for Ukraine released by the Government.

For those offshore with no Australian application pending
Visitor visas can be lodged even where there is no intention for applicants to come to Australia temporarily as they are escaping their war-torn country. It seems the Department is granting these within hours of lodgement, despite applicants not being ‘genuine visitors’ and a declaration being made that the visa is to ‘escape the Ukraine war’.

The visitor visa grants that we have seen so far is for individuals with relatives in Australia and we do not know how these applications will be treated if the applicant does not have such a link to Australia. The Government is working 24/7 on processing these applications as quickly as possible.

Temporary visa holders in Australia
The Prime Minister announced automatic visa extensions for 6 months will be given to Ukrainian nationals or passport holders in Australia who have a visa expiring before 30 June 2022. Visa holders do not need to do anything to receive this extension. The Department is directly contacting visa holders in Australia who have visas expiring soon to make arrangements to remain in Australia.

How Ajuria can help
We are doing as much of this work as we can pro-bono. We are more than happy to help your Ukrainian employees and their families.

Other organisations
Ajuria Lawyers is proud to partner with Talent Beyond Boundaries and their recent update can be found here.

We can all also aid the humanitarian effort by supporting first responders on the ground, including:

• International Committee of the Red Cross – org/en/donate/ukraine
• UN Crisis Appeal – https://lnkd.in/gtetTBNb

Of course, even if an Australian visa is issued, there are still other roadblocks with people getting out and communication being so incredibly difficult right now.

We will keep you updated on any changes or announcements.

DISCLAIMER This information is current as of date of publication 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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Over the weekend, we received an update over the much-anticipated changes to open up pathways to permanent residence to those that would not otherwise be eligible.

It is important to note that none of this is confirmed and there are no legislation drafts. We also do not know what the effect of the Federal Election will be on these flagged changes.

STSOL occupations and pathways to PR
In November 2021 Minister Hawke announced that enhanced visa pathways to PR would be available to existing Temporary Skill Shortage (subclass 482)/Temporary Work Skilled (subclass 457) visa holders in the short-term stream. These visa holders would normally not have access to PR. The legislation has not been finalised but the indications are that it will be introduced ‘around the middle of this year’.

We cannot advise further on the eligibility of visa holders or the parameters about the concessions until the new laws are released. At this stage, the advice is that the new pathways will be for all occupations on the STSOL list and not restricted to specific sectors.

What happens with imminent expiring visas
Our industry body has advised that the Department has recommended that the subclass 408 AGEE (COVID) visa be used to enable applicants to remain lawful while they wait for this pathway to be introduced and also be used by those applicants who cannot lodge another subclass 482 visa onshore due those associated restrictions.

Subclass 408 visa – ‘COVID visa’
At this stage, there has been no decision to stop accepting new applications or stop granting the 408 ‘COVID visa’ so for now, people can continue to apply for this:

• If in a critical sector including hospitality, child care and aged care – for 12 months;
• If not working in a critical sector – for 3 months

Extension of Biosecurity Emergency Period
The current human biosecurity emergency period will be extended until at least 17 April 2022.  During this time, the Health Minister can continue to give directions necessary to control COVID and this is likely to mean that until this date:

• Unvaccinated travellers will still need to apply for a travel exemption to come into Australia
• Travellers will continue to need to complete an Australian Travel Declaration 72 hours before flying and present a negative PCR test

Disruption with processing times – delays
The Department advised that the processing slow down over the holiday period was caused by absences associated with staff leave and further exacerbated by staff contracting COVID. Processing is now returning to more normal timeframes.

The Department is attempting to further streamline low risk application processing across all programs.

Further information will be provided as soon as we receive it.

DISCLAIMER This information is current as of date of publication 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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The Federal Government has just announced that Australia will reopen our borders to all remaining visa holders on 21 February 2022. Travellers must be double vaccinated to come to Australia.

This means that all temporary visa holders that meet the vaccination requirements, will be able to enter the country from that date without needing a travel waiver exemption. This includes all business visitors and tourists as well.

PCR and Rapid Antigen Tests
All inbound passengers must still provide a negative accepted COVID-19 test result. These tests can be either:

• A nucleic acid amplification (NAA) test, such as:
  • polymerase chain reaction (PCR, or RT-PCR) test
  • Transcription mediated amplification
  • Loop-mediated isothermal amplification; or a
• A rapid antigen test (RAT) (also described in some countries as a lateral flow antigen detection test or similar). This must not be confused with a lateral flow antibody detection test. For the purposes of pre-departure testing it must be an antigen test.

Serology tests are not accepted.

The NAA test must be done within 3 days before the day of the flight’s scheduled departure.

The RAT must be done within 24 hours of the flight’s scheduled departure time.

The tests must be presented in an approved format with more details found here.

What if the tests are still showing positive?
Those travellers who return a positive test after they have recovered are able to provide a certificate from a medical practitioner at check-in which includes ALL the information set out in the guidelines.

Australia Travel Declaration
All inbound passengers must complete an Australia Travel Declaration (ATD) at least 72 hours before travel. This must be completed prior to departure as it requires a declaration on the vaccination status.

The rules for isolation and testing remain the same and are managed by the States.

State/Territory	International arrival
NSW	Updated link here
Victoria	Updated link here
Queensland	Updated link here
South Australia	Updated link here
Tasmania	Updated link here
Northern Territory	Updated link here
ACT	Updated link here
Western Australia	Updated link here

We can only reiterate that these rules change constantly and should be checked carefully before travel.

DISCLAIMER This information is current as of date of publication 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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Many New Zealanders around the world who have been trying, unsuccessfully, to return home, will be breathing a sigh of relief following the New Zealand government’s announcement today on the changes to Managed Isolation and Quarantine (“MIQ”).  Businesses and migrants will also be looking positively to the staged wider reopening of the border.

Prime Minister Jacinda Ardern announced today that MIQ would be removed and replaced with self-isolation at home, in 5 distinct stages beginning on 27 February 2022 and reopening New Zealand to the world by October 2022.  An overview of the 5 stages is provided below.

Stage 1 27 February 2022	Fully vaccinated New Zealanders and other eligible travellers such as holders of a Critical Purpose visa arriving from Australia can travel to New Zealand from 11:59pm on Sunday, 27 February 2022 without the need to enter MIQ.
Stage 2 13 March 2022	Fully vaccinated New Zealanders and other eligible travellers from all other countries can travel to New Zealand from 11:59pm on Sunday, 13 March 2022 without the need to enter MIQ. The border exeption framework will be adjusted to allow critical workers earning $40.50/hour or $84,240 per annum (currently $106,080 per annum) and their dependent family to be able to enter New Zealand with no requirement to evidence the skills are not available in New Zealand. This also applies to offshore dependent family of critical workers already in New Zealand.
Stage 3 12 April 2022	Up to 5,000 international students will be able to enter New Zealand ahead of Semester 2 from 12 April 2022. Further changes will be made to the border exception framework to expand the workforce class exceptions, events and government approved programme lists as needed.
Stage 4 July 2022	Australian citizens, permanent residents and other travellers from Australia as well as Accredited Employer Work Visa Holders and Visitors from Visa Waiver countries will be able to enter New Zealand without the need to enter MIQ from July 2022 at the latest.  It is possible this date will be moved forward.
Stage 5 October 2022	The New Zealand border will reopen in full to all travellers.

In place of MIQ, travellers will instead be required to self-isolate at home for a period of 10 days with mandatory testing on Day 0 and Day 5.  MIQ will remain for unvaccinated New Zealanders. Pre-departure Covid-19 testing will remain for all travellers to New Zealand, unless exempt.

The change to MIQ is expected to alleviate some of the significant pressure currently on New Zealand’s Managed Isolation and Quarantine system that has restricted many from entering New Zealand.

The new Employer Supported Work Visa framework comes into effect on 4 July 2022 and will replace the existing border exception system for critical workers.  To support an Accredited Employer Work Visa (AEWV), employers must first be Accredited under the new framework. Applications are currently scheduled to open for Employer Accreditation under the new system from 9 May 2022.

Working Holidays Schemes are expected to reopen in a staged manner from Sunday, 13 March at 11:59pm. However, the staging and timing of the reopening is yet to be confirmed.

For those migrants offshore looking to travel to New Zealand and who require a visa but do not meet the requirements of the critical worker border exception framework, the New Zealand visa application system is expected to resume from approximately mid-2022.  Further information is expected to be announced by the Immigration Minister in the coming weeks.

If you have any questions on the updates provided, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication 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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As domestic and international border restrictions continue due to the pandemic, the rules constantly change and can be somewhat confusing.

It is important to remember that entry into Australia is not just about visas. Border restrictions are governed by the Federal Government and are largely dependent on the individual’s vaccination status. On arrival, it is the State or Territory that determines the rules about quarantine, isolation and testing.  It is also important to check the airline requirements for flights.

The latest rules before travel need to be checked. On the weekend, rules were updated again:

New Commonwealth Rules for Travel to Australia – PCR and Rapid Antigen Tests
International arrivals with approved visas, or those exempt from the need to obtain a travel exemption, and who meet the vaccination requirements, continue to need a negative PCR test before boarding their flight. As an alternative, they may now present a rapid antigen test (RAT). The RAT must be undertaken by or under the supervision of a medical practitioner (e.g., pharmacist, general practitioner, nurse, pathologist, pathology collector or trained personnel at airport-based testing stations). The RAT must be done within 24 hours of the flight’s scheduled departure time.

Details of what tests will be accepted and the evidence that is required  can be found here.

What if the tests are still showing positive?
Those travellers who return a positive test after they have recovered are able to provide a certificate from a medical practitioner at check-in which includes ALL the information set out in the guidelines.

Australia Travel Declaration
All inbound passengers must complete an Australia Travel Declaration (ATD) at least 72 hours before travel. This must be completed prior to departure as it requires a declaration on the vaccination status.

Vaccination status
Australia considers a person to be vaccinated if they have completed a course, including a mixed dose schedule, of TGA approved or recognised vaccines.

Changes for entry into Western Australia
All international arrivals still need to complete a  G2G Pass declaration  to enter WA. This must be completed and submitted prior to travel. This declaration includes evidence of a negative PCR test taken within 72 hours before the flight and it is unknown whether this will change to align with the new Commonwealth requirement that a RAT will suffice.

Direct international arrivals into Western Australia are subject to cap limits (265 people per week) and are required to quarantine for 14 days in hotel quarantine at their own expense no matter their vaccination status.

International travellers arriving in Western Australia from another state and who have spent less than 14 days in that other state before travelling to WA, will be required to quarantine for 14 days in hotel quarantine at their own expense.

Other State Rules – including quarantine
States and Territories may impose additional or different rules before allowing travellers to enter. They may also specify quarantine requirements for certain travellers.

State/Territory	International arrival
NSW	Updated link here
Victoria	Updated link here
Queensland	Updated link here
South Australia	Updated link here
Tasmania	Updated link here
Northern Territory	Updated link here
ACT	Updated link here
Western Australia	Updated link here

We can only reiterate that these rules change constantly and should be checked carefully before travel.

Please contact your Ajuria advisor if you have any further questions.

DISCLAIMER This information is current as of date of publication 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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As we enter 2022, many businesses, migrants and holiday makers are wondering whether we will see a change to New Zealand’s border settings. Will critical workers be able to travel to New Zealand? Will New Zealanders be able to return to overseas travel?

Unfortunately, the answers to these questions remain unknown at present, continuing a long period of uncertainty caused by the emergence of Covid-19 and subsequent variants.

The New Zealand government initially indicated a potential change to Managed Isolation and Quarantine for New Zealanders travelling from Australia in mid-January followed by a staged reopening of the border to migrants from the end of April. This was a plan referred to as ‘Reconnecting New Zealand’.  However, these plans were put on hold in December due to concerns around the Omicron variant.

Because of the large numbers of Omicron cases being detected at the New Zealand border and in Managed Isolation and Quarantine (MIQ), the government has also now postponed the MIQ room booking release that was scheduled for 20 January 2022.  The release was expected to include rooms for March and April 2022. When MIQ room booking releases will resume remains to be seen and will be dependent on the available capacity in MIQ.

What this means is that travellers without existing travel arrangements and an MIQ booking voucher are unable to enter New Zealand.

Although border exception applications can still be processed, it is clear that with no MIQ availability, tighter scrutiny on an already well-scrutinised border exception process can be expected by Immigration New Zealand.

The next announcement from the government on their intentions for the New Zealand border is expected at the end of February.  A further update will be released at that time, or earlier if an announcement is made ahead of the anticipated time frame.

If you have any questions on the updates provided, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication 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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In recognising the significant skills shortages due to the COVID-19 pandemic and travel restrictions in Australia, the Department of Home Affairs have today announced the following changes that will benefit student visa and working holiday visa holders.

Relaxation of work rights

Effective immediately:

• All student visa holders can work more than 40 hours a fortnight. This will be reviewed to see if this needs to be changed by April 2022.
• Until the end of 2022, there will be no limit on the length of time Working Holiday Makers can work for the same employer (including at the same location).

Visa extensions

• From 18 February 2022, eligible Temporary Graduate (subclass 485) visa holders may have their visas extended to 30 September 2022 if caught outside of Australia between 1 February 2020 and 14 December 2021 due to COVID-19 travel restrictions.
• Similarly, Skilled Regional Provisional (subclass 489, 491 and 494) visa holders impacted by COVID-19 travel restrictions will have their visas extended by 3 years to enable them to build up time in Australia towards permanent residency pathways.
• Visa holders eligible for an extension will be notified directly by the Department.

This will provide sufficient additional time for all current and former Skilled Regional Provisional visa holders to make travel arrangements to start or resume living and working in regional Australia.

Refunds of Visa Application Charges

The following visa holders can apply for a refund of their visa application charge:

• Working Holiday visa makers currently offshore who come to Australia during the next 12 weeks (ie until 13 April 2022)
• Any Student visa holders currently offshore who come to Australia over the next 8 weeks (ie until 16 March 2022)

Refunds will be prioritised to enable quick travel to Australia.

DISCLAIMER This information is current as of date of publication 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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Further to our update last month, the Australian Federal Government eased the border restrictions for eligible temporary visa holders on 15 December 2021 as planned. This means fully vaccinated Australian citizens, permanent residents and eligible visa holders  can now travel to and from Australia without needing an approved travel exemption.

The ban against the seven South African countries (South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi) has also been lifted.

Citizens of Japan and the Republic of Korea are also eligible to enter Australia if they are fully vaccinated and hold a valid Australian visa of any type.

DISCLAIMER This information is current as of date of publication 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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Further to our update yesterday the Australian Federal government announced last night it has deferred Wednesday’s planned easing of border restrictions for eligible temporary visa holders until 15 December 2021.

The reopening to travellers from Japan and the Republic of Korea will also be paused until 15 December.

This means the current arrangements for travel exemptions for temporary visa holders will remain in place until 15 December 2021.

The government says the temporary pause will allow it to gather further information about new Omicron variant of COVID-19.

Further updates will be provided as they come to hand.

DISCLAIMER This information is current as of date of publication 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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