Immigration Round Up - May 2022
Following the re-opening of Australia’s international border to fully vaccinated visa holders in March of this year, there was still some uncertainty as to who needed to obtain a travel ban exemption.
In addition to clarifying and confirming Australia’s entry and exit vaccination requirements, the Department has also:
· Provided much need guidance on whether part-time work experience can be counted towards meeting the Direct Entry (subclass 186) skills requirement; and
· Extended the ability of student visa holders to work an unlimited number of hours.
Entering and Exiting Australia
From 18 April 2022, unvaccinated Australian citizens and permanent residents are now able to leave Australia without an individual travel exemption. Travellers entering or leaving Australia will no longer require a negative pre-departure test and cruise vessels can enter Australian territory. Prior to these changes, Australians who were not fully vaccinated were required to obtain a travel exemption before being permitted to depart Australia. This is great news for the cruising and tourism industry.
All incoming travellers will need to comply with the testing and quarantine requirements of the state or territory of their arrival, and any other state or territory to which they plan to travel. We strongly recommend checking these on a regular basis as they can change at short notice.
Non-exempt and unvaccinated international travellers who arrive in Australia are likely to be denied entry to Australia.
If you have any questions concerning an intended departure or entry to Australia, please do not hesitate to get in touch.
Direct Entry Work Experience
Under the Direct Entry Stream of the subclass 186 visa scheme, unless otherwise exempt, all primary applicants are strictly required to demonstrate they have at least 3 years of work experience in their nominated occupation. This is a critical requirement, and an application should not be lodged until such time as the applicant is confident that they meet this (and all other critical time of application criteria). Failure to meet this requirement will result in an application being unsuccessful.
Previously, Department policy expressly addressed the inclusion of part-time work experience and its suitability to be counted towards meeting the 3-year work experience requirement on a pro-rata basis. However, this reference was removed in subsequent updates and no further comment was provided.
The Department has now confirmed that this pro-rata calculation will remain allowable, however, experience gained through casual employment will not be counted towards the 3-year work experience requirement.
Given how important it is to ensure that this criterion is satisfied at the time of lodgement, we strongly recommend contacting us so that we can assist in addressing any questions you might have about whether you meet this requirement.
Student Visa Holders – Work Rights
Until further notice, the Government has extended its extraordinary decision to allow student visa holders to hold unlimited work rights.
This decision applies to all ongoing students as well as new student arrivals, including secondary student visa holders. Students will be able to work before their course of study commences. They will also be able to work more than 40 hours a fortnight in any sector of the economy.
Students must ensure they are aware of any changes to visa conditions, including work rights.
If you are a student, or you employ a student visa holder, please do not hesitate to contact us if you have any questions concerning work rights.
