1. The applicant must be outside Australia at the time of lodging this application

2. The applicant must have previously been granted a visitor visa while outside Australia before 21 March 2020(that means actually granted, not merely lodged; ten-year visitor visas are excluded)

3. The expiry date of the visitor visa falls between 20 March 2020 and 31 December 2021; and the previous visitor visa was either a multiple-entry visa or a single-entry visabut was never used

4. The new visitor visa must be lodged between 27 February 2021 and 31 December 2022 

If you meet the above conditions, congratulations — you can claim the visitor visa fee waiver

We put this one first because our Prime Minister announced that from 1 November, parents of Australian PR holders or citizensare permitted to enter Australia. When the news broke, we fielded dozens of enquiries from parents about visitor visas and travel exemptions in a single day. Several of those parents happened to meet the criteria for the fee waiver,successfully saving AUD$145.

Not many people know about this one — it was dug out of the migration legislation by Newstars’ CTO to save applicants a significant amount in visa fees. Since the pandemic began in January 2020, many parents of PR holders have been unable to leave Australia. With their visas expiring, the only way to remain in Australia lawfully was to keep renewing their visitor visas onshore. Nearly two years on, many have already lodged three visitor visa applications. So what are the conditions for this free Bridging Visa A?

1. Firstly, this Bridging Visa Ais only available to those who have already lodged a Subclass 143 contributory parent visa application

2. The Subclass 143 application waslodged before 24 March 2021

3. At the time of lodgement, the applicant held a valid Australian visa (such as a visitor visa)

4. and is currently located in Australia (if subject to a No Further Stay condition [section 8503], a waiver must be granted first before applying)

When you go through the criteria carefully, quite a few Subclass 143 applicants fully meet the conditions. This benefit is even more attractive than the offshore visitor visa fee waiver.The Bridging Visa A is not only completely free but also allows applicants to remain happily in Australia for an extended period.

In addition, a visitor visa application costs AUD$370 plus a second offshore application surcharge of AUD$700 — this Bridging Visa A can save parentsover AUD$1,000.

The Subclass 408 COVID-19 visa has a much broader target group — any applicant whose visa is about to expire or has already expired but by no more than 28 days, who cannot depart immediately and has no other visa to apply for, can apply for the Subclass 408 COVID-19 visa.

Subclass 408 COVID-19 Visa Eligibility Criteria

For applicants currently holding a visa:

– Currently in Australia;

– Holds a valid visa;

– Visa expires within 28 days;

– Unable to leave Australia due to the pandemic;

– Unable to renew or apply for any visa other than the Subclass 408;

– Works in a critical sector (aged care, childcare, agriculture, public health, etc.);

– Has relevant skills to work in roles related to essential goods and services;

For applicants whose visa has already expired:

– Currently in Australia;

– Visa expired less than 28 days ago;

– Unable to leave Australia due to the pandemic;

– Unable to renew or apply for any visa other than the Subclass 408;

– Works in a critical sector (aged care, childcare, agriculture, public health, etc.);

– Has relevant skills to work in roles related to essential goods and services;

– Visa was not cancelled or refused;

***Applicants not working in a Critical Sector will be granted a visa of up to 3 months.If the applicantworks in one of the above Critical Sector fieldsthey may be granted a one-year visa with work rights.

With the pandemic situation improving and borders set to reopen, the Subclass 408 COVID-19 visa could be discontinued at any time. For applicants whose visas are expiring soon, the Subclass 408 is your last chance to take advantage of this benefit.

Newstars Solicitor Huang’s commentary:

Regarding work rights under the Subclass 408, we have recently received first-hand information from the Department of Home Affairs:During the Subclass 408 period, holders may change employers or work for multiple employers.However, it must be ensured thatthe primary employment (Primary Employment) must remain within the Critical Sector. To change employment, the Department of Home Affairs must be notified using Form 1022.

Tony HUANG

Bachelor of Laws, East China University of Political Science and Law; Juris Doctor, University of New South Wales; Solicitor of the Supreme Court of New South Wales

If the visa holder is outside Australia,and held a Temporary Skill Shortage (TSS) visa or Temporary Work (Skilled) visa on or after 1 February 2020, and that visa has since expired;if the following conditions are met, the applicant may apply for a waiver of the visa application fee when lodging a subsequent Temporary Skill Shortage visa application:

1. Unable to travel to Australia before the visa expired due to COVID-19 travel restrictions;or

2. After travelling to Australia,departed Australia after 1 February 2020, but was unable to return to Australia before the visa expired due to COVID-19 travel restrictions.

The fee waiver application period is: 27 February 2021 – 31 December 2022.

Secondary applicants who meet the above conditions may also have their visa application fee waived.

Subclass 300 Prospective Marriage Visa

Working Holiday Visa (Subclass 462/417)

Subclass 403 Pacific Labour & Seasonal Worker Visa

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