COVID-19: Refunds and nil VACs; 408 visa economic recovery event; European nations and Vietnam not requiring government support for 462 visas

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More legislative instruments were registered over the last few days to issue those disadvantaged by the coronavirus pandemic refunds and facilitating nil visa application charges (VACs) for further applications on one hand, and preparing to ramp up expected incoming international visitors who will assist with Australia’s economic recovery on the other. This includes adding a Post COVID-19 recovery event as an Australia Government Endorsed Event for the purposes of a Subclass 408 – Temporary Activity visa and removing the need for evidence of government support for more countries for Subclass 462 – Work and Holiday visas.

Nil visa application charges (VACs) for visitor visas and former 482 visa holders

Former Subclass 600 – Visitor visa holders in any stream other than the Frequent Traveller stream will be able to apply for a further 600 visa with a nil VAC if:

  • They are outside Australia at the time of applying;

  • The application is made between 27 February 2021 and 31 December 2022,

  • They were granted a 600 visa, other than in the Frequent Traveller stream, while outside Australia before 21 March 2020,

  • That 600 visa expired, or will expire between 20 March 2020 and 31 December 2021 and was either a multiple entry visa or a single entry visa that was not used, and

  • If they made a previous application after 27 February 2021 for a 600 visa with a nil VAC, a decision has not been made on that application. This excludes applications that are invalid or withdrawn.

As previously reported, former Subclass 457 – Temporary Work (Skilled) visa and Subclass 482 – Temporary Skill Shortage visa holders will pay a nil VAC for a 482 visa if:

  • They are outside Australia when they apply;

  • The application is made between 27 February 2021 and 31 December 2022; and

  • They previously held a 457 visa or 482 visa which ceased to be in effect between 1 February 2020 and 31 December 2021.

There are two further things to distinguish between this nil VAC instrument and the one for 600 visas.

The first is that combined applications (partners and children) of the primary visa holder who are part of the 482 visa application, will also benefit from a nil VAC. Secondary applicants are not possible with 600 visas.

The second is the terminology of “ceasing to be in effect” for a 482 visa compared to “expired” for a 600 visa is important. It is likely many 482 visa holders who were unable to re-enter Australia had their visa cancelled because they breached visa condition 8607 by ceasing work for more than 60 days.

Having a visa cancelled due to breaching visa condition 8607 is not considered a “malicious” breach as there is no potential exclusion period (Public Interest Criterion 4013) that may result in breaching this condition, unlike visa cancellations for other breaches of conditions.

The phrase “ceasing to be in effect” will allow those who had their visa cancelled for breaching 8607 to pay a nil VAC.

VAC refunds for prospective marriage, working holiday makers and 403 visa holders under the Seasonal Worker Program or Pacific Labour Scheme stream

Refunds of VACs are available to several former visa subclass holders.

Subclass 300 – Prospective Marriage visas

There are three circumstances where a former prospective marriage visa holder can request a refund:

  • Their visa ceased between 20 March 2020 and 5 October 2020 while they were outside Australia and they request a refund by 31 December 2022;

  • Their visa ceased between 20 March 2020 and 5 October 2020 while they were in Australia but due to COVID-19 were unable to marry their sponsor before their visa ceased, such as due to bans on interstate travel or quarantine restrictions, and request a refund by 31 December 2022; and

  • Their visa was in effect between 6 October 2020 and 10 December 2020 and they were outside Australia on 10 December 2020 and did not enter Australia after that date as a prospective marriage visa holder and they request a refund by 31 December 2022. Their prospective marriage visa must have ceased or they had asked, in writing, for their visa to be cancelled before they request a refund.

Refunds will not be issued:

  • If the visa holder did not marry their sponsor because of COVID-19 restrictions limited the type of wedding they and their sponsor may have preferred, such as the number of guests allowed;

  • They or their sponsor notified the Department of Home Affairs (Home Affairs) they no longer intended to marry before their visa ceased; or

  • Their visa was cancelled for any reason other than by request.

Subclass 417 – Working Holiday visas and Subclass 462 – Work and Holiday visas

For working holiday makers, all the below requirements must be met to be eligible for a refund:

  • Their visa was granted before 20 March 2020 and they either did not enter Australia as that visa holder, or left Australia between 20 March 2020 and 31 December 2021 and did not re-enter Australia on that visa, and

  • Their visa ceased between 20 March 2020 and 31 December 2021 while they were outside of Australia, and

  • If their visa was cancelled, it was only cancelled because they requested it in writing, and

  • They have not applied for another 417 visa and they are unable to be granted another 417 visa because they do not satisfy the age requirements, and

  • They request a refund by 31 December 2022.

The need to not be able to obtain another visa if over the upper age limit, 30 or 35 depending on the country of the passport holder, is imperative to the chances of being able to obtain a refund.

Subclass 403 – Temporary Work (International Relations) under the Seasonal Worker Program or Pacific Labour Scheme stream

Both the Seasonal Worker Program and Pacific Labour Scheme stream can request refunds if:

  • Their visa was granted before 20 March 2020 but they were not able to enter Australia before their visa expired,

  • They request a refund by 31 December 2021 and at the time the refunds request decision was made the visa had ceased,

  • If their visa ceased because it was cancelled, it was cancelled only because the visa holder requested it to be cancelled.

408 visa adds Post COVID-19 recovery event

Some may say it is too early to consider the coronavirus pandemic over, however, the government has its eyes firmly on economic recovery and have added another event to the Australian Government Endorsed Event stream for a Subclass 408 – Temporary Activities visa.

This event, commencing from 27 February 2021 and called the Post COVID-19 economic recovery event, runs alongside the current COVID‑19 Pandemic event. This means applicants will need to select the right “sub-stream” when applying for a 408 visa.

The eligibility requirements for a 408 visa under the Australian Government Endorsed Event stream and the Post COVID-19 economic recovery event are that they:

  • Are employed full time as an essential staff member of a business that is relocating to Australia and will assist in Australia’s response to the economic effects of COVID-19;

  • Will assist with the establishment of the business’s operations in Australia;

  • Make an application for a Subclass 408 visa in relation to the event between 27 February 2021 and 30 June 2022; and

  • Have not previously been granted a Subclass 408 visa under this event.

It is likely that an “essential staff member” will need to be a senior manager as it seems the company must be relocating and not establishing an Australian subsidiary of an existing business intent to remain in a country other than Australia. A 482 visa is the visa of choice for such a situation.

462 visas: Czech Republic, Ecuador, Greece, Hungary, Slovak Republic, Vietnam no longer require evidence of government support

The list for those not needing government support, usually in the form of a letter, grows for Subclass 462 – Work and Holiday visas.

The latest instrument, which commences 1 March 2021, adds Czech Republic, Ecuador, Greece, Hungary, Slovak Republic, Vietnam to the existing list of countries that are not required to provide evidence of government support.

The education requirements have been tweaked slightly. A major difference is the removal of the need for Czech Republic and Spanish applicants to hold tertiary qualifications, but now only needs to have successfully completed at least two years of tertiary education and higher education, respectively.

The instrument also makes small administrative amendments to how an application can be validly lodged by removing the need to lodge an application by the end of the next day if they received an authorising email to lodge a non-internet application. It also removes specific addresses for Chinese nationals applying for their first 462 visa.

Consultation with the various foreign governments was conduction prior to these amendments. The removal of the red tape in applying for evidence government support will help in attracting potential applicants from the countries affected.