New Migration Amendment Grants Offshore Visas while in Australia

Recent adjustments have been made to the Amendment Regulations by Schedule 1 that enable onshore grants for certain offshore family visas lodged outside of Australia following the COVID-19 travel related restrictions. The following visa subclasses affected by the new amendments are:

- Child (Permanent) (subclass 101) visa;

- Adoption (Permanent) (subclass 102) visa;

- Prospective Marriage (Temporary) (subclass 300) visa;

- Partner (Temporary) (subclass 309) visa; and- Dependent Child (Temporary) (subclass 445) visa.

Visa applicants for one of the above subclasses face considerable challenges in travelling to and from Australia due to the COVID-19 related travel restrictions and practical limitations that have been put in place.

The amendments that were made enable the ability to grant a visa to applicants who applied for any of the subclasses mentioned above while they are located in Australia at any time during the COVID-19 'concession period' and at the time of the visa grant without having to travel outside Australia.

The Migration Regulations describes the COVID-19 'concession period' under subregulation 1.15N(1) as the period commencing on 1 February 2020 and ending on a day specified by the Minister by legislative instrument. No announcement has been made as to when the concession period will end.

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