As the worldwide rollout of vaccines commences, assistance for those stranded in or outside Australia due to the coronavirus pandemic continues with various changes to the Migration Regulations 1994 (Cth) that will take into effect from 27 February 2021.

Onshore visa grants for child, prospective marriage, partner and dependent child visas

Family visas, unlike skilled visas, primarily because they have existed for many years with no major reforms, have offshore and onshore subclasses but with similar criteria for grant. The Government along with those affected, recognise the absurdity of needing to depart Australia with international borders closed and for the sake of their visa application being granted when the regulations require it.

As promised, changes will take into effect from 27 February 2021 to allow the following visa subclasses to be granted in Australia, and obviously provided as long as the visa applicant(s) meet all criteria for grant:

• Subclass 101 – Child visa,

• Subclass 102 – Adoption visa,

• Subclass 300 – Prospective Marriage visa;

• Subclass 309 – Partner visa; and

• Subclass 445 – Dependent Child visa.

This will only apply to visas granted during a concession period, which has currently existed since 1 February 2020 and without any confirmed end date.

Furthermore, the right to seek a review to the Administrative Appeals Tribunal (AAT) has been added for sponsors of the above family visa applicants if the particular visa application is refused after 27 February 2021.

The duration of prospective marriage visas has been extended. It is now discretionary for a prospective marriage visa to be granted for between 9 and 15 months by stipulating a date within this timeframe. If a date is not specified, the visa duration will be 9 months at the time of visa grant.

No visa application charge for 457 or 482 visa holder unable to enter Australia

A new clause has been added which, subject to an as yet unreleased legislative instrument, will not require former Subclass 457 – Temporary Work (Skilled) visa and Subclass 482 – Temporary Skill Shortage visa holders to pay a visa application charge (VAC) for a new 482 visa application if they were unable to enter Australia due to COVID-19.

This has been created so these former visa holders are not disadvantaged by international border closures.

Distinguished Talent no more…now Global Talent

The government has concentrated heavily on attracting highly-skilled global talent to Australia in specialised areas to stimulate industry and provide beneficial economic outcomes.

In recognition of the takeover of the global talent program to the existing Subclass 858 – Distinguished Talent visa, the name of this visa subclass will change from a “Distinguished” to a “Global” Talent visa.

In addition, a new definition of Prime Minister’s Special Envoy for Global Business and Talent Attraction, who is a Senior Executive Service employee who occupies, or is acting in, the position of Prime Minister’s Special Envoy for Global Business and Talent Attraction, has been created.

Endorsement by the Prime Minister’s Special Envoy for Global Business and Talent Attraction will be required to validly lodge a Global Talent visa under an additional pathway. This pathway is for potential applicants who represent exceptional talent or have a high-value business that has the potential to create jobs and who is therefore likely to make a significant contribution to the Australian economy.