Subclass 870 (parent): 90 days overseas before new application?
It is commonly said that a subclass 870 visa holder who is overseas must stay overseas for 90 days before they can make a further 870 visa application. With respect, that is wrong.
Subclass 870 (parent): really not a pathway to PR?
The explanatory statement to the legislative instrument that created visa subclass 870 states that the new visa "is not intended to be a pathway to any other parent category visa". However, with respect, the legislation has not achieved that purpose. For instance, we explain how it is possible to apply for an 870 visa and then, while that application is pending, apply for a 143 visa, and vice-versa.
Subclass 191: time spent on either 491 or 494 counts?
Applications for the new subclass 191 visa will be open from 16 November 2022. One of the Schedule 1 requirements for that visa is that the applicant has held a 491 visa for 3 years or a 494 visa for 3 years. But if, for instance, a person has held a 491 visa for 2 years and a 494 visa for 1 year, will that person be eligible for visa 191?
Persons and events specified for subclass 408
The new instrument specifies the Australian Government Endorsed Event (AGEE) and classes of persons for the purposes of a Subclass 408 visa.
Subclass 494: SAF and refunds
The new Subclass 494 visa will "replace" subclass 187 on 16 November 2019. What will be the SAF amount for the new subclass? On what circumstances will the SAF for subclass 187 be refundable?
Subclass 494: transitional provisions
The new Subclass 494 visa will "replace" subclass 187 on 16 November 2019. However, that does not necessarily mean that 187 nomination and visa applications must be made before that date.
BVE: new instrument under cl 050.218(8)(c)(ii)
"Under paragraph 050.212(8)(c) of Schedule 2 to the Regulations, the reasons for the delay in making an application for a Protection (Class XA) visa must be acceptable to the Minister. The instrument operates to specify a class of persons who are not required to satisfy the Minister with an acceptable reason for a delay in making an application for a Protection (Class XA) visa".
Subclass 494: tougher visa conditions
The visa conditions for the new subclass 494 are completely different and much more strict compared to subclass 187. For instance, subclass 494 visa holders: will need to commence work within 90 days; will not be able to cease employment for more than 90 days; will need to notify Immigration of any change to their phone number or email address; etc. And the list of requirements goes on. Non-compliance might lead to visa cancellation.
Subclass 494: health waiver available?
The new Subclass 494 visa will "replace" subclass 187 on 16 November 2019. But will the health waiver, which is available for some subclass 187 applicants, be available for subclass 494?
Subclass 494: linking new nomination to existing visa application?
The new Subclass 494 visa will "replace" subclass 187 in November 2019. What happens if the existing nomination application is not approved? Understand whether it will be possible to link a new nomination application to an existing visa application and why.