Immigration Updates 1 February 2021

SC 485 Temporary Graduate Visa Changes

Two recent issues with the SC 485 Temporary Graduate visa program have caused concern and disruption for applicants.

The announcement that SC 485 visa holders would be eligible for a second visa if they had studied and then lived and worked in a regional or other regional area for two years, has led to questions from members as to whether the applicant must have undertaken their full course at a regional or other regional educational institution.

We have requested clarification from the Department on this point and received a statement that the applicant must have ‘graduated’ from a regional or other regional education institution.

We have asked for further clarification given that an applicant may have undertaken part of their course at a non regional institution and transferred to a regional institution before they graduate. You will be informed when clarification is received.

The seeming barrier for previous secondary SC 485 visa holders to apply for another SC 485 as the primary applicant is causing significant distress to affected applicants.

It is not yet clear if this change has been as a result of a drafting error or is deliberate.

We expects to have an answer shortly on this matter and will inform members when the information is received.

 

Global Talent Independent changes – Masters and Honours students

As you are aware, changes to the Global Talent Independent program now prevent Masters and Honours students from receiving an invitation, based solely on their academic qualifications.

This policy change affects all future EOI assessments, and applies to EOI submissions made by candidates who have not yet received an invitation to the Global Talent program by 20 January 2021.

EOI candidates who submitted an EOI prior to the policy changes and have not been invited are encouraged to review their eligibility and to consider applying again when they meet the new requirements.

New eligibility requirements:
Applicants must demonstrate that they are highly skilled in one of the target sectors and:

  • prove they are internationally recognised with evidence of outstanding and exceptional achievements
  • still be prominent in their field of expertise
  • provide evidence that they would be an asset to Australia, in their field of expertise
  • have no difficulty obtaining employment in Australia or becoming established in their field
  • have a recognised organisation or individual in Australia endorse them as global talent, in the same field as the applicant.

Applicants must meet a high standard and show an exceptional track-record of professional and outstanding achievements. This may include senior roles, patents, professional awards, international publications, media articles and international memberships.

Applicants should have the ability to attract a salary at or above the Fair Work high income threshold.

In assessing the applicant the Department considers:

  • current salary shown through payslips or a contract, or
  • future job offers outlining remuneration, or
  • recent PhD graduates and certain PhD students with relevant qualifications in the target sectors.

 

Legislative Updates

There have been two instruments released. Re: clients about travel to Australia.

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Determination 2021 – F2021L00061

and

Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021 – F2021L00062

Both instruments relate to the implementation of additional public health measures to strengthen safeguards for international travel.

A person who fails to comply with these requirements may commit a criminal offence punishable by a maximum of 5 years imprisonment or 300 penalty points or both.

The measures require all air crew and passengers to:

  • wear face masks or face coverings for the duration of the travel, and
  • to have returned a negative COVOD-19 test results within 72 hours of the flight commencement, and
  • not to have been in close contact with a COVID-19 positive person within that 72 hours

Arrangements for travellers with connecting flights and special arrangements for children under five are detailed in the explanatory statements. Please note that the explanatory statements for both instruments download as one document.

 

Processing Updates

We are informed at a meeting at the Department last week that no offshore visitor visa applications are being processed.

Staff usually engaged in processing these visas have been redeployed to process partner visas to ensure the announced increased 2020-21 partner planning levels are met.

 

NZ Quarantine free travel

Quarantine free travel from NZ has resumed for travellers under the following conditions:

  • they have been New Zealand for 14 days or more and not been in a designated COVID-19 outbreak location, and
  • are travelling to Australia on a quarantine-free flight.
  • Travellers do not need to be NZ citizens but must meet the above criteria, but will need a valid visa to enter Australia
  • New Zealand citizens will be granted a Special Category visa (subclass 444) (SCV) on arrival if eligible
  • Airlines determine which flights are quarantine free flights.

Quarantine-free travel from NZ is permitted to New South Wales, the Australian Capital Territory, the Northern Territory, Queensland and Victoria. Other states may be added at a later date.

These conditions do not apply to NZ citizens who have been outside NZ or who have not been in New Zealand for the last 14 days or more.