News & Insights

The Federal Government has proposed temporary changes to visa grant requirements for a number of family visa subclasses who are currently in Australia.

While the date has yet to be confirmed, it is intended that from early 2021, the Department of Home Affairs will waive the requirement for applicants of certain visas to be outside of Australia for the grant of their visas.

This temporary concession is likely to affect over 4000 visa applicants in Australia. It will be available for visa applicants who are currently in Australia, have met all of the visa requirements, and need to travel offshore to have their visa granted yet are unable to do so due to borders being closed because of COVID-19.

The proposed concessions will only apply to applicants who have made valid applications for the below visas:

• Child Visa (Subclass 101)
• Adoption Visa (Subclass 102)
• Dependent Child Visa (Subclass 445)
• Prospective Marriage (Subclass 300)
• Partner Visa (Subclass 309)

Currently, there is a private member’s bill before parliament that provides this concession to applicants for the Subclass 309 visa only. However, we are hoping wider ranging legislation incorporating concessions to the visas listed above will be introduced by the Government in the New Year.

global talent program

The Global Talent Visa Program has also been streamlined. The offshore Distinguished Talent visa has been repealed, and the previously onshore only Distinguished Talent visa now allows for visa applicants to be both in or out of Australia when the application is made and granted.

priority migration skilled occupation list

There has also been an addition to the Priority Migration Skilled Occupation List. After consultation with the National Skills Commission, Social Worker ANZSCO 272511 has been added to the list of occupations that will support Australia’s economic recovery.

The Department of Home Affairs will process offshore visa applications for applicants nominated in these occupations.

Obtaining a travel exemption to enter Australia will also be easier for these applicants as they are determined to have “critical skills”.

The current occupations on the PMSOL are:

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.