The Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 ('the Migration Amendment') will extend the validity of subclass 485, 489, 491 and 494 visas for those visa holders who were caught offshore during Australia's border closures from 1 February 2020 to 14 December 2021 in specified circumstances.
Schedule 1 of the Migration Amendment
Temporary Graduate Visas - Subclass 485
Schedule 1 of the Migration Amendment extends the validity of Subclass 485 visas to 30 September 2022. The extension will allow temporary graduate visa holders, who were caught offshore during Australia's border closures, to apply for a replacement subclass 485 visa which will be available from mid-2022.
This extension also applies to the members of the family unit of the primary visa holder and to visa holders whose visas expired during the border closure period.
To be eligible for extended validity of a subclass 485 visa, the primary applicant must have:
- Been offshore at any time between 1 February 2020 and 14 December 2021; and
- Held or still hold a subclass 485 visa which was in effect during that period, which has ceased or would have ceased before 1 October 2022; and
- Not had their subclass 485 visa cancelled; and
- Not been granted another substantive visa
Schedule 2 of the Migration Amendment
Part 1 - Skilled Regional Provisional Visas - Subclass 489
Schedule 2 of the Migration Amendment allows subclass 489 visa holders to meet permanent residency requirements by extending the validity of subclass 489 visas for three years from their original expiry date.
This extension also applies to the members of the family unit of the primary visa holder and to visa holders whose visas expired during the border closure period.
To be eligible for extended validity of a subclass 489 visa, the primary applicant must have:
- Been offshore at any time between 1 February 2020 and 14 December 2021; and
- Held or still hold a subclass 489 visa during that period; and
- Not had their subclass 489 visa cancelled
Part 2 - Skilled Work Provisional Visas - Subclass 491 and Skilled Employer Sponsored Regional Visas - Subclass 494
Schedule 2 of the Migration Amendment will also allow subclass 491 and subclass 494 visa holders to maintain their relevant pathways to permanent residency by extending the visa validity for three years from their original expiry date.
This extension also applies to the members of the family unit of the primary visa holder.
To be eligible for extended validity of a subclass 491 and a subclass 494 visa, the primary applicant must have:
- Been offshore at any time between 1 February 2020 and 14 December 2021; and
- Held a subclass 491 or subclass 494 visa during that period which is still in effect on 18 February 2022; and
- Not had their subclass 491 or subclass 494 visa cancelled
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.