The Department of Home Affairs has officially released legislation: 25 November 2023 will be the final day of the Concession period.
This will affect a range of visas, including 485, 489-to-887 transitions, and 143.
Subclass 485 visa —
From 26 November 2023, primary applicants across all streams (except the replacement stream) can only lodge and be granted onshore in Australia.
*If the 485 primary and secondary applicants apply together, primary and secondary applicants must be in the same location, which means secondary applicants must also be onshore in Australia
Lodgement requirements:
– Primary applicants in the Post-Study Work and Graduate Work streams must all lodge onshore
– The 2-year extension for designated qualifications or the regional extension must be lodged onshore
– Subsequent entrants (secondary applicants added later) across all 485 streams and the replacement stream may still be lodged offshore
Grant location:
– Only applicants who lodged a 485 offshore on or before 25 November 2023 may wait offshore for the grant (if you want to wait offshore for the grant, contact us urgently to lodge)
– 485 subsequent entrants or 485 replacement applicants may still be granted offshore
– In all other cases, grants must be made onshore in Australia
Subclass 309/101 visas —
– If the visa was lodged on or before 25 November 2023, and the applicant was in Australia at any time between 1 February 2020 and 25 November 2023 (the concession period), they may wait onshore for the grant.
– If the visa was lodged on or before 25 November 2023, but the applicant was not in Australia at any time during the concession period, they must wait offshore for the grant
– For visas lodged on or after 26 November 2023, applicants can only wait offshore for the grant
The Subclass 101 Child visa follows exactly the same rules as the 309
Subclass 103/143 Parent visas —
– Regardless of when the application was lodged, applicants currently in Australia on a visitor visa or Bridging Visa A must depart Australia before the visa can be granted
489-to-887 transition
– To qualify for the 6-month reduction in onshore regional residence, the 887 application must be lodged on or before 25 November 2023
– The 3-month reduction in the work requirement can still be claimed if the application is lodged before 26 February 2024
– The grant location is unchanged — either onshore or offshore is acceptable
If you are affected or have any questions, contact our customer service team below and we will arrange a professional consultant to answer and assess your case. 485 applicants especially — if you want to wait offshore for the grant, lodge now!
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