Visa changes to support 457 & 482 Visa holders

The Minister of Immigration announced this week that there will be some positive changes coming for temporary skilled workers looking for a pathway to permanent residency. These changes will benefit skilled workers who remained here during the pandemic and encourage them to stay in Australia permanently.

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Minister Hawke said.

These visa changes will improve access to permanent residence for:

• Existing 482 visa holders (Temporary Skill Shortage) in the short-term stream
• Legacy 457 visa holders (Temporary Work Skilled) who no longer meet the age requirement.

Under these new arrangements, existing 482 and 457 visa holders granted in ‘Short–term’ occupations, who have remained in Australia during the pandemic, may be eligible to apply for the 186 ENS Permanent Visa. This will extend to legacy subclass 457 visa holders who no longer meet the maximum age limit of 45 years. 

“This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic, while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,” Minister Hawke said.

“There are currently about 20,000 primary Temporary Skill Shortage and 457 visa holders in Australia who may benefit from these arrangements. Most of these workers are employed in the highest-skilled occupations and the largest cohorts of workers benefiting from these changes include those currently employed in the health and hospitality industries, including many workers in regional Australia,” Minister Hawke said.

When can we expect these changes?

At this stage, there has been no indication as to when these arrangements will commence or whether all occupations will be included.

In the meantime, you can take our online eligibility assessment to find out if you are eligible to apply now. Click here to take the assessment

Travel without a Travel Exemption 

From 1 December 2021, fully vaccinated eligible visa holders can travel to Australia without needing to apply for a travel exemption. 

Some of the eligible visas include:

• 482 Visa – Temporary Skill Shortage visa
• 482 Family Visa
• 457 Visa – Temporary Work (Skilled) visa
• 457 Family Visa
• 494 Visa – Skilled Employer Sponsored Regional (Provisional) visa
• 491 Visa – Skilled Work Regional (Provisional) visa
• 417 Visa – Working Holiday visa
• 462 Visa – Work and Holiday visa

What next?

If you already hold one of these visas, you can book a flight after December 1st 2021 and enter Australia if you are fully vaccinated. 

If you have applied for one of these visas and it hasn’t been approved yet, you’ll need to wait until your visa is approved before you can travel. Our migration agents are expecting to start receiving approvals very soon! Make sure your application is up to date including medicals and police checks if required. 

If you’d like to apply for one of these visas, click the visa type below and we can get started!

• Apply for a job in Australia with 482 Visa sponsorship available  
• 482 Visa – Temporary Skill Shortage visa
• 482 Family Visa
• 457 Visa – Temporary Work (Skilled) visa
• 457 Family Visa
• 494 Visa – Skilled Employer Sponsored Regional (Provisional) visa
• 491 Visa – Skilled Work Regional (Provisional) visa

See a full list of eligible visas below:

Section 48 Bar

If you have had a visa cancelled or refused since last arriving in Australia and you are either do not hold a visa (you are unlawful) or you hold a bridging visa, you will likely be ‘section 48 barred’.

If you are ‘section 48 barred’ you aren’t eligible to lodge most other visa applications while you are in Australia (there are some very limited exceptions). This usually means that you need to leave Australia before applying for another visa.

Becoming unlawful in Australia or overstaying your visa is likely to negatively affect your future visa applications (including citizenship).

Section 48 Bar Update

On 28 October 2021, the section 48 Bar (S48 Bar) was updated to include additional visa subclasses.

From 13 November 2021, an S48 Bar waiver is available for skilled visa applicants for the following subclasses:

• 190 Visa
• 491 Visa
• 494 Visa

This means that applicants with a Section 48 bar can apply for a 190, 491 or 494 visa without leaving Australia from November 13th.

If you have a Section 48 Bar, book an appointment to speak to one of our migration agents about a 190, 491 or 494 visa or take one of our free online eligibility assessments to find out if you can apply.

Coronavirus and Temporary Visa Holders

The Australian Government is carrying forward initiatives to assist temporary visa holders during the coronavirus crisis.

These initiatives aim to provide some flexibility in relation to further visa applications and adjust visa conditions, as well as seeking to support critical industries.

The jobkeeper initiative will enable the Government to subsidise wages of Australian citizens and permanent residents, while many New Zealanders will also be covered by this initiative, but not temporary residents.

However, other initiatives will assist temporary visa holders during this period.

Find out more about the below:

• Temporary Skilled Visa Holders
• International Students
• Working Holiday Visa Holders
• General informaiton about Coronavirus (COVID-19)

Temporary Skilled Visa Holders

Holders of Subclass 457 or 482 visas who have been “stood down” but not terminated will maintain their visa validity and businesses will still be able to extend stay of those visa holders under existing arrangements.

Businesses will also be able to reduce the hours of the visa holder without the person being in breach of their visa condition or the business breaching their sponsorship obligations, which is a variation on usual arrangements.

These visa holders will also be able to access up to $10,000 of their superannuation this financial year. Usually, withdrawal of superannuation can only occur after departing Australia and cessation of the work visa but this concession has been introduced to address those suffering financial hardship.

Those visa holders who have been terminated are subject to existing laws, meaning their visas could be cancelled, but should the be re-hired or find an alternative sponsor will still have the opportunity to apply to remain. If re-employed by the same employer, the time they have already worked will count towards the qualification period for applying for an Employer Nomination visa.

If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

International Students

Students are encouraged to rely on family support, part-time work where available and their own savings to sustain themselves in Australia. The Government’s position is that when applying for their visas, they demonstrated that they can support themselves completely in their first year.

Students who have been here longer than 12 months who find themselves in financial hardship will be able to access their Australian superannuation.

The Government will undertake further engagement with the international education sector who already provide some financial support for international students facing hardship. It is understood that some education providers are providing fee discounts to international students.

The Government will also be flexible in cases where Coronavirus has prevented international students meeting their visa conditions (such as not being able to attend classes).

International students are usually able to work up to 40 hours per fortnight once they have commenced their course, but those working in aged care and as nurses, as well as those working for major supermarkets, have had these hours extended to support these critical sectors. From 1 May, the concession for extra working hours at supermarkets will be removed as more Australians are recruited.
If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

Working Holiday Visa Holders

Working Holiday visa holders who work in agriculture or food processing will be exempt from the six month work limitation with the one employer and will be eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months.

These visa holders, though, must self-isolate for 14 days before taking up employment in a different region. To support implementation of self-isolation arrangements for visa holders and avoid spread of COVID-19 the government is working with states and territories on enforcement and sanction mechanisms. Employers will need to commit to providing safe accommodation for agricultural workers that complies with social distancing requirements.

Arrangement will also need to be in place for a declaration between employers and employees that all protocols necessary to ensure human health and accommodation requirements have been met.

Seasonal Worker Programme and Pacific Labour Scheme workers will also be able to extend their stay for up to 12 months to work for employers who participate in those schemes. Employers will similarly be responsible for ensuring healthy living arrangements. These employers will need to continue to engage with the Department of Employment

Note that any Working Holiday visa holders breaching social distancing laws will be fined, sent home and the breach will affect any future visa applications.

New Zealand Citizens

444 visa holders who arrived after 2001 have access to the JobKeeper payment. Those who have lived in Australia for 10 years or more have access to JobSeeker payments for six months.

New Zealanders should consider returning to New Zealand if they are unable to support themselves through these provisions, work or family support.

While these changes are detailed, there are visa holders that may find them confusing. If you have questions, book a consultation with one of our experienced Registered Migration Agents to discuss your specific situation.
If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

General informaiton about Coronavirus (COVID-19)

Find more information about Coronovirus at the links belo:

For the latest information see Department of Health – Novel coronavirus

For advice on travelling outside of Australia see Smart Traveller.

457 & 482 Visa Holders & Coronavirus

The major groups of sponsored visa holders have 457 and 482 visas. The conditions on these two visas are similar but not identical.

Both visas have cancellation provisions where employment is terminated.

But both also allow for unpaid leave – such as for a sabbatical, study, recreational unpaid leave in excess of annual leave taken, parental leave, etc. For the 482 visa, a 3 month period of unpaid leave is permitted without the visa holder being considered to be in breach of their visa conditions, while for the 457 visa it is 12 months.

Periods of unpaid leave beyond 3 months on a 482 visa are, under policy, permitted where the sponsor is obliged to provide the leave (such as for maternity leave) or where exceptional circumstances apply. While no formal recognition exists, we would be confident that the coronavirus would constitute exceptional circumstances.

For any unpaid leave, it is expected the arrangement is mutually agreed with a formal application approved by the employer.

Therefore, employers only have an obligation to notify the Department of Home Affairs of cessation of employment where the employee has been permanently terminated.

Periods of unpaid work do not count towards the amount of time a 457 or 482 visa holder must work before they qualify to apply for an Employer Nomination Scheme visa in the Temporary Residence Transition Stream.

The Department of Home Affairs, The Government and MIA are working through issues relating to temporary visa holders attempting to find solutions.

Here is what you need to know as a 457 or 482 visa holder:

• Reduced work hours
• Other work
• Government Stimulus
• Leave Without Pay (LWOP)
• Termination
• General informaiton about Coronavirus (COVID-19)

Reduced work hours or wages

Part-time Work

The issue with part-time work is it would reduce earnings and this may result in a failure of sponsors to meet their obligations as it would constitute less favourable terms and conditions of employment or earnings less than the nominated salary in their 482 nomination application. Part-time work is permitted at the end of a period of maternity leave, sick leave OR significant personal reasons. The hourly rate of pay must not reduce and the duties must not change.

There are also specific exclusions of part-time work under certain Labour Agreements.

Policy does not yet specify what is covered under ‘significant personal reasons’ and whether this would cover businesses affected by the coronavirus but further guidance is expected to be issued soon by the Department of Home Affairs.

Reduction in Salary

Where wages are reduced, it creates a problem as the nomination for that person was approved on the basis they were being paid guaranteed annual earnings at or above the market rate for their occupation. Where wages are reduced, a new nomination is required and there is a risk it would be refused.

If the wages reduced to less than $53 900 – the Temporary Skilled Migration Income Threshold (TSMIT), a nomination approval would not be possible.

For non-sponsored temporary visa holders, there are no specific restrictions. For example, part-time employees who hold student visas or Working Holiday visas can be employed for less hours or not at all without there being any immigration implications. Employers should at all times employ those visa holders in line with the conditions on their visas (for example student must only work a maximum of 40 hours per fortnight while their course is in session).

If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

Other work

Primary holders of 457 or 482 visas are not permitted to work for any employer other than the one which sponsored their visa. Doing so is a breach of their visa condition likely to result in visa cancellation. This includes casual work for other employers and even voluntary work which would normally attract remuneration.

They also may not work in a different occupation for their sponsored employer. If a change is proposed, a new nomination is required. Exceptions to this occur for temporary periods of up to 60 days (such as backfilling a job temporarily vacant).

457 and 482 visa holders are restricted under conditions 8107 and 8607, meaning they are limited to working only in their nominated occupation. Sponsors are also obliged to ensure that their 457 and 482 visa holders work in the nominated occupation.

If a 457 or 482 visa holder is found to be working in a different occupation, they are at risk of having their visa cancelled and the sponsor may face sanctions.

In order to change occupations, a 457 or 482 visa holder would need to lodge a new nomination in the new occupation and have this nomination approved before commencing in the role.
If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

Government Stimulus 

To receive the JobKeeper benefits, employees need to meet the below criteria.
Essential details of the Jobkeeper program:

• The program provides subsidies to employers to assist paying wages of employees of $1500 per fortnight.
• Both the employer and employee must satisfy eligibility criteria.
• Employers with a turnover under $1 billion must show a loss of 30% of revenue compared to a comparable period a year ago.
• Employers with a turnover over $1 billion must show a loss of 50%.
• Big banks subject to the banking levy are not eligible
• Employees must have been employed on 1 March
• May be full-time, part-time or long-term casuals employed longer than 12 months as at 1 March
• Employees must be aged 16 or over and be Australian citizens, permanent residents or holders of a non-protected special category visa who has been residing continually in Australia for 10 years or more, or a New Zealander on a special category (subclass 444) visa. This leaves out all temporary visa holders such as students, subclass 457, 482 or 485 holders and Working Holiday visa holders.
• Employers will be paid $1500 per fortnight per eligible employee and then the employer must pay the balance of the salary. Tax is deducted as usual.
• The provision will last for a maximum of 6 months from 30 March.
• Payments will be made to the employer monthly in arrears.
• If an employee ordinarily receives less than $1,500 in income per fortnight before tax, their employer must pay them, at a minimum, $1,500 per fortnight, before tax. It is therefore possible for a long-term casual or part-time worker to receive more than their ordinary pay. This is as money provided to employers to subsidise wages must all be used for employees.
• Employees who have been stood down must also receive the $1500 and the Government hopes employers who sacked employees would re-instate them and pay them a minimum of $1500 per fortnight before tax.
• Payments will start first week of May – employers should register on the ATO website here – https://www.ato.gov.au/general/JobKeeper-payment/
• Employers must continue superannuation payments but note where the jobkeeper payment exceeds the usual salary an employee receives, superannuation payments only need to be made o top of the usual salary.

Earlier in March, the Government announced other initiatives for business –

• Boosting Cash Flow – the Government is providing up to $100 000 to eligible small and medium sized enterprises that employ people with a minimum payment of $20 000. This will be done via Business Activity Statements. A full summary is here – https://treasury.gov.au/sites/default/files/2020-04/fact_sheet-boosting_cash_flow_for_employers.pdf
• The Government will guarantee unsecured loans of up to $250 000 for a term of up to 3 years
• Increasing the instant asset write-off – business can immediately deduct purchases of eligible assets of less than $150 000, up from $30 000.
• Increasing the threshold at which creditors can issue a statutory demand to $20 000 up from $2000.

Businesses should fully avail themselves of these provisions.
The Government has not announced any financial support tailored towards temporary residents in Australia impacted by the Coronavirus. It would appear that only holders of 491 and 494 visas may be eligible for Special Benefit if they have no other means of support, but there is no indication for any support for 457, 482 or other visa holders who have lost employment during the crisis.

Additionally, most of these visa holders are unable to travel home due to closed borders, potentially creating a large number of people with no work or financial support in Australia.
If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

Leave Without Pay (LWOP) 

482 and 457 visa holders are eligible to be placed on unpaid leave and are not considered to be in breach of their visa conditions (e.g. to study, for holiday leave without pay; sick leave without pay; parental/carer/personal leave; maternity and/or paternity leave).

457 and 482 visa holders are still considered to be employed, even if they aren’t receving a salary, however, there are some thing to consider:

Under Immigration policy, the period of unpaid leave should not exceed three months unless:

• the sponsor is obliged to provide the leave under Australian workplace laws (e.g. maternity leave); or
• exceptional circumstances apply.

It is expected that Leave Without Pay (LWOP),

• it is mutually agreed upon by the employer and employee; and
• a formal application for leave without pay that has been approved by the employer

We expect that the Department of Home Affairs will release a Covid-19 specific policy surrounding the ‘exceptional circumstances’.

Please note: There are different policies for unpaid leave for the 457 (8107) and the 482 (8607) visas. The 8107 condition allows up to 12 months’ leave on a 457 visa.

If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

Termination

Where an employee has been terminated, employers are obliged to notify the Department of Home Affairs no later than 28 days after their last day of employment.

The employee will then have 60 days (90 if they hold a 457 visa) to identify an alternative employer or make a visa application. After that period elapses, the Department of Home Affairs will write to them notifying that grounds exist for visa cancellation, to which they will have a further 28 days to respond if they are still in Australia.

If their visa is then cancelled, they become unlawful and are subject to detention and removal.

If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

General informaiton about Coronavirus (COVID-19)

Find more information about Coronovirus at the links belo:

For the latest information see Department of Health – Novel coronavirus

For advice on travelling outside of Australia see Smart Traveller.

COVID-19 Extended Trading Hours

We have extended our trading hours to help answer any of your visa and COVID-19 related questions.

ASM is open for business and here to help. We have extended our trading hours until 9 pm, for your convenience during this uncertain time.

Our agents can advise employers and visa holders on their obligations, entitlements and options throughout the COVID-19 pandemic and beyond.

The Migration Institue of Australia is working with the Department of Home Affairs to find solutions for visa holders and businesses alike during the unprecedented time. Speak to one of our migration agents today to get the most up to date information about your individual circumstances.

• For Employers
• For Visa holders
• General informaiton about Coronavirus (COVID-19)

For Employers

Find out more information about the below information and more:

• Sponsorship Obligations
• JobKeeper and JobSeeker ayments
• Reduction in work
• Overseas workers
• Termination
• Leave Without Pay
• Forced annual leave

If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

For Visa Holders

Find out more information about the below information and more:

• JobKeeper and JobSeeker payments
• Work entitlements
• Finding a new job
• Leaving Australia
• Expending your visa
• Visa expiry
• Applying for a new visa
• Transition to permanent residency
• Permanent visa holder
• Bridging visa holders
• Visa cancellation

If you have any questions, book a phone or Skype appointment to speak to one of our migration agents 

General informaiton about Coronavirus (COVID-19)

Find more information about Coronovirus at the links belo:

For the latest information see Department of Health – Novel coronavirus

For advice on travelling outside of Australia see Smart Traveller.

COVID-19 Update

UPDATED: 25th March 2020 (MIA)

The Department of Home Affairs, The Government and MIA are working through issues relating to temporary visa holders attempting to find solutions.

The recent measures to combat COVID-19 have been felt by all Australians: citizens, permanent residents, temporary visa holders and unlawful non-citizens.

Find out more about the below:

• Negotiations for employer-sponsored visas
• AAT Arrangements
• Travel restrictions
• General informaiton about Coronavirus (COVID-19)

Employer Sponsored Visas

The Government has estimated at least one million people may become unemployed as the coronavirus wreaks havoc on Australian businesses. Unfortunately, Subclass 482 and 457 visa holders are among the hundreds of thousands of temporary residents who have already lost their jobs.
At this time, temporary visa holders are not entitled to the same government benefits as Australian permanent residents.

Measures MIA have asked the Department to implement:

• immediately waive visa condition 8503 (No further stay) so onshore visa holders can remain lawful
• create a COVID-19 specific fee-free visa solution which allows work rights and access to Medicare for the duration of the emergency
• consider extending temporary visas automatically until 30 October 2020 in the first instance
• immediately remove LMT and SAF requirements
• MIA has also raised issues specific to visa and business sponsorship obligations in relation to the part-timing of jobs, leave without pay, stand-downs and retrenchments.
• Matters pertaining to eligibility for Subclasses 186/187 TRT provisions
• The Government doesn’t want to see temporary workers become unlawful non-citizens.

As we don’t know how long this pandemic will continue to affect businesses, we are urging anyone who is eligible to apply for permanent residency now to do so. Not only to potentially gain access to government benefits including Centrelink and Medicare but also because the future of employer-sponsored visas is uncertain.

Permanent Visa holders may apply for Medicare & Centrelink benefits.

Find out if you are eligible to apply for a 186 or 187 visa here

If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

AAT COVID-19 arrangements

The AAT is implementing measures to protect tribunal members, registry staff, appellants and support services workers. The following measures have been put in place:

• the AAT will not be conducting any ‘in person’ hearings for the foreseeable future
• hearings will be conducted by telephone, where the matter is suitable to this format of hearing, including taking witness evidence and interpreted proceedings
• applications are being triaged and where these are suitable, complete and able to be decided ‘on the papers’, this will be done
• where cases are decision/hearing ready members may email the AAT to notifying that the case is ready for consideration
• a single central email address will be provided shortly by the MRD for this purpose, members are asked to only use that address and refrain from emailing tribunal members or other AAT officers
• protection visa hearings – where face to face hearings are less essential, ie where appellants’ credibility is not at issue in the case and the risk of harm well established by other means, the Tribunal wil attempt to continue to hear these cases by telephone or possibly even on the papers.
• Tribunal registry staff and members will be commence working remotely and patience is requested during these challenging times.
• those who may have difficulty in participating in a telephone conference/hearing due to disability, location, etc should contact the Tribunal to discuss other ways the case may be decided.

Further updates will be provided by the Deputy President Redfern at a meeting on 9 April 2020.
If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

Travel Restrictions (Exemptions) 

The Department of Home Affairs has updated its online information, documentation required and forms to apply for exemptions to the travel restrictions for:

• NZ citizens usually resident in Australia
• Immediate family members of an Australian citizen or permanent resident
• Transiting travellers

Additional exemptions may be applied for from the Commissioner of the ABF for:

• ​Foreign nationals travelling at the invitation of the Australian Commonwealth Government to assist in the COVID-19 response or whose entry would be in the national interest
• Critical medical services, including air ambulance and delivery of supplies, that regularly arrive into Australia from international ports
• Persons with critical skills (for example, medical specialists, engineers, marine pilots and crews) by exception
• Diplomats accredited to Australia and currently resident in Australia and their immediate family
• ​Case-by-case exceptions may also be granted for humanitarian or compassionate reasons.

Exemptions must be granted before these travellers undertaking travel to Australia.

If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

General informaiton about Coronavirus (COVID-19)

Find more information about Coronovirus at the links belo:

For the latest information see Department of Health – Novel coronavirus

For advice on travelling outside of Australia see Smart Traveller.

Coronavirus Update

UPDATED: 28th February (Department of Home Affairs)

The Department of Home Affairs has released some important informaiton for visa holders and visa applicants. Find out more about the below:

• Students in Australia
• Visa holders in Australia
• Visa holders and applicants outside Australia
• Travel restrictions
• General informaiton about Coronavirus (COVID-19)

Extended work rights for Students

Australia’s major supermarkets will temporarily be able to offer more hours to international student employees to help keep shelves stocked.

International students currently employed at the major supermarkets will be able to extend their working hours to help meet the high demand for essential items because of the coronavirus. Ordinarily, international students are subject to a maximum of 40 hours a fortnight during the term.

Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said the changes would help supermarkets meet the immediate high demand.

“Supermarkets across the country are struggling to keep shelves stocked with essential items, such as toilet paper, tissues, rice and pasta,” Mr Tudge said.

“To keep up with this demand, supermarkets have told us they need to give extra hours to current staff to stock shelves and serve Australian customers. While many of these will be Australian workers, international students will also be able to increase their hours,” Mr Tudge said.

The measures will be administered by the Department of Home Affairs and are available to major supermarkets including Woolworths and Coles, and only for existing employees in their existing roles. Other supermarkets can register with the Department if they believe the changes will assist them.

“The changes are short term and will be reviewed regularly to ensure they are working and that they are still required,” Mr Tudge said.

“We will continue to listen to businesses as the coronavirus situation develops and may consider expanding these measures to assist other sectors if and when required. We will also consider providing flexibility with other temporary visas should the need arise.”

Minister for Education Dan Tehan said the changes would help supermarkets meet immediate demand with their existing workforce and allow international students to support themselves.

“Our government is working to minimise the impact of COVID-19 in the higher education sector, this includes the impact on students supporting themselves while they study,” Mr Tehan said.

“This initiative will give international students more flexibility to work while studying and also allow employers to meet demand during a busy period.”

Employers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees.

If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

Visa holders inside Australia

I am a visa holder in Australia, my visa is about to expire and I cannot return to China. Can I extend my stay in Australia?
If you wish to remain in Australia beyond the expiry date of your current visa, you must apply for a further visa. Information on staying in Australia beyond your current visa expiry date can be found at:
When should I apply for another visa to remain in Australia?
An application should be made before your current visa expires. In this case, you may be eligible to be granted a bridging visa, which will keep you lawful in Australia until a decision is made on your visa application.
I am a visa holder in Australia and my current visa has the ‘No Further Stay’ condition attached? Can I stay in Australia?

If your current visa includes a ‘No Further Stay’ condition (includes 8503, 8534 and 8535), you are unable to make a valid application for most other visas while you are in Australia. If you wish to remain in Australia beyond your visa’s expiry date, a request to waive this condition must be made. Information on how to request a waiver can be found at:

We recommend that you not make a request for a ‘No Further Stay’ waiver if your current visa still has more than two – month’s validity remaining.

I am a visa holder in Australia and my visa has condition 8558 (Non Resident cannot stay for more than 12 months in any 18 month period) and I have already been in Australia for nearly 12 months in the last 18 months? Do I need to apply for a new visa in order to remain?

If you currently hold a visa which includes condition 8558, and you wish to remain in Australia for more than 12 months in any 18 month period, you will need to apply for a further visa in order to avoid breaching this condition.
I don’t have a valid visa. What do I do now?

If your visa has expired, you need to apply for a Bridging E visa (BVE) immediately in order to become lawful. A BVE is a short – term visa that lets you remain lawful while you make arrangements to leave, finalise immigration matters or wait for an immigration decision.

If you have questions about your visa, book a phone or Skype appointment to speak to one of our migration agents 

Visa holders & applicants outside Australia 

Do not attempt to travel to Australia within 14 days of leaving or transiting mainland China, unless you are:

• an Australian citizen
• a permanent resident
• an immediate family member of an Australian citizen or permanent resident including spouses / de facto partners, minor dependants and legal guardians
• a New Zealand citizen resident in Australia
• an accredited diplomat