Australia Strictly Limits Departures and Entries — So How Did They Break Through the “Siege” and Get Approved? Want an Exemption to Return to Australia? Read This!


Australia: Border Restrictions

Since the pandemic spread across the globe, every country has become a besieged city of sorts. Australia is no exception — practically closed off, with those wanting in unable to enter, and those wanting out unable to leave. Those stranded at home —international students— have all grown used to online classes; perhaps the most distressing study-abroad experience of all.Entrepreneurs, too, have missed business opportunities time and again. Those forced apart across two countries —couples— have likewise endured the cruel test of time.


Border restrictions really have brought no end of heartache.


Australia: Vaccination Rollout in Full Swing

Looking back at Australia’s past waves of outbreaks, many were inadvertently spread due to lapses in managing the quarantine of overseas travellers,which is why the government has tightened control over the number of people entering and leaving even further.That said, the federal government has, on humanitarian and other grounds, still granted a certain degree of exemption, and the categories eligible for exemption keep expanding.


People in Australia are also getting vaccinated at “full speed”, particularly in New South Wales where the outbreak is currently more severe, with the government saying thatonce the vaccination rate hits 70%, restrictions between states and territories will ease, and at 80% the international border will open up.Australia as a whole hasgradually shifted its focus from daily new case numbers to the vaccination rate.


Qantas has also announced plans to resume international flights by December, hoping that firm travel plans will encourage more people to get vaccinated. The CEO said: “Flights to countries with high vaccination rates are expected to resume from mid-December onwards,pending a final decision from the government in the coming months.” These destinations will initially includethe UK, the US, Canada, Japan, Singapore and Fiji, and hopefully New Zealand too.From April 2022, there are also plans to add destinations such asBali, Manila, Ho Chi Minh City, Phuket and Johannesburgto the route network.


While Waiting for Borders to Reopen: Exit/Entry Exemptions

Before the gradual reopening,most travel has relied on special exemptions,and if your reason for travelling isgenuinely compelling, truly unavoidable, and would cause substantial loss if travel were not possible,then the Department of Home Affairs will still consider granting an exemption at its discretion.


Departure

Exemption

#1

Main Categories Eligible for Exemption

Let’s start with exit exemptions. If you’re an Australian citizen or PR holder, you’re not permitted to leave Australia without first obtaining an exit exemption. So what reasons or grounds qualify you to apply for one? Below are several categories the Department of Home Affairs has set out as potentially eligible for exemption.


Category 1: Travel to respond to the COVID-19 pandemic, including travel to provide assistance.

Category 2: Leaving Australia for three months or longer for compelling and compassionate reasons.

Category 3: Travel for compelling or compassionate reasons.

Category 4: Travel for your business or employer.

Category 5: Travel to seek urgent medical treatment not available in Australia.

Category 6: Travel in the national interest.

Category 7: You ordinarily reside in a country outside Australia.

#2

For compelling/compassionate reasons, there are generally

and the three categories with the highest number of approvals are leaving Australia for over three months, compassionate grounds, and leaving to attend to business matters. Everyone’s circumstances differ,so here I’ve summarised some of the exemption grounds with a relatively high success rate under the current policy.


First,returning home for employment.Work is the foundation of life, and without a job it’s hard to get by. Australia’s unemployment rate has fluctuated considerably during the pandemic, so rather than being unemployed in Australia and living on welfare, you’re better off heading somewhere with better prospects.

Second,visiting a gravely ill relative. It’s only natural to visit and care for a close relative who is seriously ill, but this requires reasonable supporting evidence — a minor ailment like a headache or a cold won’t be approved.

Third,pursuing education. Education is a major life matter that can’t be delayed.

Fourth,leaving the countryto attend to your own business. You need to prove that your absence would cause substantial financial loss.

Fifth, your spouse and children are settled overseas long-term, forfamily reunion.

#3

Fast Processing, With New Approvals Coming Through

Whichever ground you use to apply for an exemption,you’ll need to sign a Commonwealth statutory declaration along with the relevant supporting documents.For example, returning for employment requires providing your employer’s company details and employment contract. Visiting a sick relative requires a diagnosis and hospital admission certificate. Returning to study requires an enrolment confirmation document, and so on.


Note that all documents not in English need to be translated. We won’t go into the other types of exemption grounds here —if you’d like to know more, feel free to get in touch with me.

Below are some successful exit exemption cases, which show the approval rate is actually not low ↓↓↓






Next, let’s talk about the common categories for entry exemptions. Applying for anentryexemptionrequires that you currently hold a valid Australian visa, or have already lodged a suitable visa application that hasn’t yet been decided.Read on below ↓↓↓



Exemption

Entry

#1

Main Categories You Can Apply Under

Category 1,immediate family members of Australian citizens. Immediate family here mainly includes spouses, children, and de facto partners. For a spouse, you need to provide a marriage certificate. For a de facto relationship, you need to provide extensive relationship evidence.For children, you need to provide a notarised birth certificate.

Category 2,unavoidable, uncontrollable circumstances, for example a close relative in Australia suffering a serious illness who needs care and companionship. You need to provide a doctor’s diagnosis and other related supporting materials.

Category 3,international students in dentistry, nursing and similar fields within 2 years of graduation, who need to provide proof of current enrolment as well as evidence that a relevant placement is due to begin within the next two months.

Category 4,medical students within 3 years of graduation, who need to provide proof of current enrolment as well as evidence of a hospital placement due to begin within the next two months.

Category 5,international students approved under the International Student Return Plan.

Category 6, Year 11 and 12 international students

Category 7,those who lodged a Subclass 300 Prospective Marriage visa application a year ago and whose visa has now been granted.

#2

Critical Skills or Occupations

Besides the common grounds above, there are other reasons that can support an entry exemption application, such as being a worker in a critical-skills industry.


Occupations on the PMSOL List and the Number of Approvals They’ve Achieved

1,827 applications have been approved for occupations on the PMSOL list, with the top three occupations each accounting for over 200 approvals — all occupations we’re quite familiar with.


Special reminder:The PMSOL list has been expanded to add 22 occupations including accounting/auditing, various engineering fields, and ICT,see:Big news! Accounting/auditing, various engineering fields and ICT occupations — a great opportunity has arrived! 22 new occupations added to Australia’s critical occupations list!


Number of Critical Skills Travel Exemption Approvals

Among applicants in critical industries, a total of 6,223 entry exemptions have been approved. Critical industries include healthcare and social services, engineering, mining, construction, and agriculture, forestry and fishing, among others.


If you have a relevant job or job offer in one of the industries above, consider applying for an entry exemption.


One more thing worth noting: ifyou hold (have already been granted) a Subclass 188 Business Innovation and Investment visa, a Subclass 820 or 309 Partner visa, or a Subclass 101/103 or 445 Child visa,then under current policy youcan enter Australia directly without needing to apply for an exemption.

#3

Recently Approved Cases




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