Immigration Amendments November 2020

Released quietly last week, the Department of the Interior has introduced a number of revisions to regional visas for work holidays,

prestigious talent and permanent talent. Below we see some important changes.

Work Holiday Visas

Since 14 November 2020, changes have been made to the definition of ‘specific work’ for subsection 417 visas. It does not say that it should be regional anymore, but it should be the work specified under the 417 plan. This brings the subdivision into 462 words.

This means that the holder of complex COVID infections is

This brings the subdivision into 462 words.

This means that the holder of complex COVID infections is:

  • Eligible Subdivision 408 COVID-19 Infection Event Visa; Or
  • A bridging visa that was in effect while they waited to process the eligible subdivision 408 visa

Now the second or third subdivision can be counted for ‘specific work’ for 417 or 462 visas. This applies to visa applications made on or after November 14, 2020.

Eligible subdivision 408 visa is defined as the 408 visa applied for:

  • The applicant had a 417 or 462 visa; Or
  • 417 or 462 within 28 days from the expiration date of the visa; Or
  • The applicant had a previously eligible 408 visa; Or
  • Within 28 days of the expiration of the previous eligible 408 visa held by the applicant.

Complex COVID-19 work involves the following:

  • Medical therapy, nursing, communication tracking, testing and research;
  • Support services such as cleaning medical and health facilities and equipment.

Finally, if an applicant for a second or third 417/462 visa has a valid 408 visa at the time of their application, the new visa issued will allow them to stay for a further 12 months after the expiration date of the eligible 408 visa.

Renowned talent

The unique talent visa has been simplified by combining the subdivision 858 visa with the immigration, maritime and maritime categories used as part of the Global Talent Independent (GTI) program. This means you can no longer apply for a subdivision 124 visa.

The changes allow applicants to apply for and apply for a visa regardless of where they are, as well as introduce a ‘health discount’ arrangement for applicants and family members.

Prospective applicants for this visa who are staying at a lodge in Australia can now apply for a substantial visa or bridging visa A, B, or C holder.

Subdivision 124 visa applications filed before November 14, 2020 are not affected by these changes.

Subdivision 887 Skilled Regional Visas

Amendments to Subsection 887 allow applicants outside Australia to be issued a visa, if their application is granted:

  • Produced before September 19, 2020, not yet finalized; Or
  • Made on or after September 19, 2020

The amendment seeks to ensure that subdivision 887 applicants who have stayed in Australia and then gone abroad are not left behind without being able to return to Australia during the border closure.

Disclaimer

The above is a simplification of complex assembly tools and does not cover all of the specific requirements or situations. As the law is constantly changing, we strongly recommend that you seek advice on your personal situation from an experienced registered migration agent.