June 2021
In addressing the many disadvantages and difficulties faced by Family Stream visa applicants due to border restrictions resulting from the COVID-19 coronavirus pandemic, the Department of Home Affairs has implemented a number of concessions intended to minimise the need for visa applicants to attempt to travel internationally for the grant of their visas.
Partner and Child Visas
Some Partner and Child visas require the applicant to be outside of Australia at the time that the visa is granted.
If you have applied for a Partner or Child visa outside Australia but are in Australia during the COVID-19 concession period, you can be granted a visa in Australia if you meet all other visa criteria.
The COVID-19 concession period started on 1 February 2020 and is a temporary arrangement, but does not yet have a set end-date.
Applicants who come to Australia after the end of the COVID-19 concession period will not be able to be granted their visa while they are in Australia.
Visas included in this concession are:
- Child (subclass 101) visa
- Adoption (subclass 102) visa
- Dependent Child (subclass 445) visa
- Prospective Marriage (subclass 300) visa
- Partner (subclass 309) visa.
Parent visas
Some categories of Parent visas require the applicant to be either inside or outside of Australia at the time that the visa is granted.
If you have applied for one of the Parent visas listed below outside of Australia and you are in Australia on 24 March 2021, your visa can be granted in Australia if you meet all other visa criteria during the COVID-19 concession period.
- Parent (subclass 103) visa
- Contributory Parent (subclass 173) visa
- Contributory Parent (subclass 143) visa.
If you have applied for one of the Parent visas listed below in Australia, and you are outside Australia on 24 March 2021, your visa can be granted while you are outside Australia if you meet all other visa criteria during the COVID-19 concession period.
- Aged Parent (subclass 804) visa
- Contributory Aged Parent (subclass 864) visa.
However the Department of Home Affairs has indicated that these amendments will not impact current processing timeframes for Parent visa applications – i.e., your application will not be prioritised in the queue purely because you are eligible for any of the concessions noted above.
Sponsored Parent Temporary (subclass 870) visa
As part of the 2021-22 Federal Budget, the Government announced that it will extend the visa validity period by 18 months for certain Sponsored Parent Temporary (subclass 870) visa (SPTV) holders who are outside Australia.
This measure intends to assist SPTV holders who could not travel to spend the full three or five years on their visa in Australia due to COVID-19 travel restrictions.
This measure is intended to come into effect in July 2021.
To speak with an experienced, specialist immigration lawyer regarding your Australian visa application or options, please contact us on +61 3 9329 8744 or by email at info@erskinerodan.com.au
