The law has recently changed a new ” Instruments”, that make arrangements for those whose Student, Student Guardian and Visitor visas were cancelled due to the COVID-19 pandemic. Former visa holder can from tomorrow 25 February 2020 now reapply for those visas and and that the VAC will be NIL.
Further information will be sort regarding clarification on how offshore applicants will be able to reapply for these visas.
This Instrument specifies at Part 2, Item 13 – that the VAC for the class of Students and Student Guardians’ who are former visa holders affected by a PHEIC is NIL
* PHEIC means Public Health Emergency of International Concern designated by the World Health Organisation.
The class of persons to whom this subparagraph applies are applicants who are:
a) in Australia
b) a reapplying applicant (as defined below)
c) making an application for the Subclass 500 visa or the Subclass 590 visa no later than 3 months after the cancellation of the applicants Subclass 500 visa or Subclass 590 visa.
Definition of reapplying applicant means an applicant:
(a) whose Subclass 500 visa or Subclass 590 visa was cancelled under paragraph 116(1)(e) of the Act as a result of the risk, in relation to a relevant PHEIC, to the health, safety or good order the Australian community, or a segment of the Australian community; and
(b) who is seeking to apply for a Subclass 500 visa or Subclass 590 visa
The remainder of the classes of person i.e. classes 1-6 remain unchanged from the previous instrument.
NOTE: The remaining classes of persons Items 1-6 remain unchanged from the previous instrument.
This Instrument repeals IMMI 18/013 and commences on 25 February 2020
Arrangements for reapplying after cancellation of Temporary Student Class TU visas
Legislative Instrument – F2020L00156 – LIN 20/102: Arrangements for Student (Temporary) (Class TU) visa applications 2020, adds to existing Student SC 500 and Student Guardian SC 590 visa application arrangements, a process for reapplying for these visas where the original student visas were cancelled as a result of the COVID-19 pandemic.
The Instrument provides in Sch 1, Item 4 – an alternative method for applying for Subclass 500 Student or 590 Student Guardian visa for those whose visa has been cancelled due to the risk of a PHEIC.
To make a valid application the applicant must be:
a) in Australia
b) a reapplying applicant *(see definition above)
c) making a SC 500 or 590 application no later than 3 months after cancellation of the applicants previous SC 500 or 590
Approval to make a non Internet application for Sch 1, Item 4 must be sought by sending an email to an authorised officer of the Department. Authorisation to lodge a non Internet application will be provided by email.
- The application must then be submitted according to the directions specified in the authorising email.
- A copy of the authorising email must be attached to the application
A non Internet application must be made using approved non-Internet Form 1543.
NOTE: All other Student and Student Guardian visa application arrangements remain unchanged
The Instrument revokes IMMI 17/011 and commences 25 February 2020.
Nil VAC for reapplying Visitor (Class FA) visa applicants
Legislative Instrument – F2020L00157 – LIN 20/045: Class of persons for Visitor (Class FA) visa applications 2020 specifies the classes of persons for who the VAC is NIL through theadditional subparagraph 1236(2)(a)(iv) to Schedule 1 for that class.
This Instrument specifies that the VAC for this class of former visa holders affected by a PHEIC is NIL
It is noted that an application for a Subclass 600 Visitor visa in the Frequent Traveller stream cannot be made under these conditions
* PHEIC means Public Health Emergency of International Concern designated by the World Health Organisation.
The class of persons to whom this subparagraph applies are applicants who are:
a) in Australia
b) a reapplying applicant (as defined below)
c) making an application for the Subclass 600 Visitor visa no later than 3 months after the cancellation of the applicants Subclass 600 visa.
Definition of reapplying applicant means an applicant:
(a) whose Subclass 600 Visitor visa paragraph h 116(1)(e) of the Act as a result of the risk, in relation to a relevant PHEIC, to the health, safety or good order the Australian community, or a segment of the Australian community; and
(b) who is seeking to apply for a 600 Visitor visa
The remainder of the classes of person i.e. classes 1-6 remain unchanged from the previous instrument.
Note: The remaining classes of persons remain unchanged from the previous instrument.
This Instrument commences on 25 February 2020
Arrangements for reapplying after cancellation of Visitor (Class FA) visas
Legislative instrument – F2020L00160 – LIN 20/046: Arrangements for Visitor (Class FA) Visa Applications 2020 adds to existing Visitor visa application arrangements, a process for reapplying for these visas where the original Visitor visa was cancelled as a result of the COVID-19 pandemic.
The Instrument provides at Sch 8, Item 1 – an alternative method for reapplying for Visitor visas for those whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation.
To make a valid application the applicant must be:
a) in Australia
b) a reapplying applicant *(see definition above)
c) making a SC 600 application no later than 3 months after cancellation of the applicant’s previous SC 600 visa
Approval to make a non Internet application for Sch 8, Item 1 must be sought by sending an email to an authorised officer of the Department. Authorisation to lodge a non Internet application will be provided by email.
- The application must then be submitted according to the directions specified in the authorising email.
- A copy of the authorising email must be attached to the application
A non Internet application must be made using approved non-Internet Form 1545.
NOTE: All other Visitor visa application arrangements remain unchanged
The Instrument revokes IMMI 19/199 and commences 25 February 2020.
So if you or anyone you know has had a Student Visa cancelled due to health grounds, make an appointment with a Master Migration Lawyer.
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
