Latest Full Roundup | 887/485/143/309 and More — Are the COVID-Era Visa Concessions Still in Effect?


Over the past two years, the Department of Home Affairs introduced a range of legislative measures to support visa applicants affected by the pandemic. Application requirements and grant conditions across many visa subclasses were relaxed to varying degrees depending on the circumstances.

As time has passed and conditions have improved, are these concessions still in place?

There has recently been a rumour circulating thatoffshore Subclass 309/100 Partner visa applicants can no longer be granted their visa while onshore in Australia— and quite a few people have been asking about it. So we’re using this as a promptto give everyone a full rundown on where the various COVID-era visa concessions currently stand.

Concession Period(CP)

First, some background on the concession period itself — known as the Concession Period (CP).
The Department of Home Affairs has detailed its COVID Concession Period in Regulation 1.15N (see figure below).The start date is written into the legislation under clause 1(a) — 1 February 2020,while the end date is to be determined by the relevant legislative instrument.However, clause 3 provides an additional power allowing the Department to set its own specific CP for individual visa subclasses, provided this does not conflict with clause 1.


At the time of writing,the legislative instrument defining this ‘end date’ has not yet been enacted — meaning all COVID-related concession provisions across all visa subclasses remain currently in effect.
There is an additional important distinction to make here:
① Some concessions enacted during COVID introduced direct legislative changes citing Regulation 1.15N;
② others made entirely independent legislative changes with no reference to 1.15N (meaning they are in all likelihood permanent);
③ still others operate within the framework of 1.15N but further narrow the conditions under which a particular visa’s concessions apply.

We will illustrate each of these with concrete examples for the relevant visa subclasses below.

First, a simple summary table

— the specific eligibility conditions will be expanded upon in the sections below.



Subclass 309/100 Partner Visa (Offshore)



Let’s start with the Subclass 309/100 Partner visa, which has attracted a lot of questions recently.
The rumour that the Subclass 309/100 visa can no longer be granted to applicants who are currently onshore in Australia is incorrect.

Many people will have seen the figure below — a legislative change made in August this year. The intent of that change was:if an applicant experiences domestic violence or their partner passes away,and there are sufficient grounds,they may still be granted PR.


Previously this protection applied only to onshore Subclass 820/801 Partner visa applicants.It has now been extended to cover offshore partner migration applicants under the Subclass 309/100 as well.

The Subclass 309/100 visa has been grantable onshore since the pandemic period, subject to the following conditions:(see Regulation 309.4.12 below)


1. Subclass 309/100 must be granted offshore, unless the conditions in point 2 apply;
2. the visa is granted after 26 February 2021, and the application was lodged before the end of the CP;
3. if condition 2 is met and the applicant is in Australia, the visa may be granted onshore.

So even if the Subclass 309/100 application was lodged from offshore, it is possible for it to be granted once you have entered Australia. Additionally, if you held a substantive visa at the time of applying, you may also be eligible to apply for a bridging visa — but we won’t go into detail on that here.



Subclass 143 Contributory Parent Visa



The relevant provision, Regulation 143.4.12, requires the Subclass 143 to be granted offshore. However, the concession conditions set out in subclause 2 require ALL five of the following criteria to be met (see figure below):


1. the application was lodged before 24 March 2021;

2. the applicant was in Australia on 24 March 2021;

3. the visa is granted after 23 March 2021;

4. the application was lodged before the end of the CP;

5. the applicant is in Australia.


Parent applicants who meet all of the above criteria may be granted their visa onshore; otherwise, an offshore grant is required.



Subclass 870 Sponsored Parent (Temporary) Visa




Under normal circumstances, the Subclass 870 Sponsored Parent (Temporary) visa can only be lodged and granted offshore once the sponsorship has been approved.


Currently, however, the application may be lodged onshore as soon as approval is obtained(see figure below)


— although note that if lodging onshore, the application must be submitted within 60 days.




Subclass 500 Student Visa



The concession allowing Subclass 500 visa holders to work without restriction was introduced to address Australia’s labour shortage.


This was clearly articulated in the post-Employment Summit report.This concession has been extended to 30 June next year. The COVID-associated Subclass 408 stream may follow a similar pattern.


If Australia’s employment situation has not improved by then, there is the possibility of a further extension.


In addition, after Australia’s employment participation rate reached a new high last month, it edged down 0.1% this month — making it difficult to forecast next year’s situation from the data. At the very least, those of you with work for now can comfortably apply for the Subclass 408 through to the end of this year and into early next year.



Subclass 485 Graduate Work Visa




Previously, the primary applicant for a Subclass 485 visa was required to be onshore in Australia to both lodge and be granted the visa.


Over the past two years, requirements have been relaxed to allow offshore applicants to lodge, without the requirement to have held a student visa for the preceding six months.Furthermore, the relevant legislation contains no CP restriction, meaning these changes are long-term.


The following applicants may apply (provided they meet the other requirements including ASR and language):

1. there is no requirement for the applicant to be onshore in Australia when lodging — whether you are in Australia or overseas, you can apply directly;

2. there is no requirement for the applicant to be onshore in Australia when the visa is granted — applicants both in Australia and overseas may be granted the visa;



Subclass 489 to Subclass 887 Skilled Regional Visa




The Subclass 887 has three concessions in effect over the past two years:

1. Previously, the Subclass 887 required onshore lodgement —Regulation 887.2 now permits offshore lodgement;

2. For the grant, it is now the case regardless of whether the CP is still in effect — the visa can be granted whether the applicant is onshore or offshore.


3. Additionally,onshore applicants affected by the special circumstances have a reduced work requirement of just 9 months full-time;applicants who spent time offshore and therefore lost some qualifying time may also be eligible for a reduction in their residency requirement.


Of course, what most Subclass 887 applicants are really waiting for is faster processing times — not simply relaxed lodgement requirements 🙁

In summary, although Australia has been progressively returning to normal across all areas,the CP has not yet ended, and all concessions remain in effect.


For certain visa subclasses,the concessions are of ongoing effect— for example, the Subclass 887 grant concession and the Subclass 485 lodgement concession.


We encourage everyone to keep up to date with relevant developments and plan accordingly.


Need help lodging your visa application

or have questions about any of the policies above?

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