November Migration Update

The Department of Immigration and Border Protection has been busy ‘tweaking’ various visa requirements and the next round of changes will commence 19 November 2016. Here is our summary of what will come from the 19 November changes.

8107 Condition Change

For all 457 visa applications granted on, or after, 19 November 2016 (including those applications lodged prior to that date) the time that a person may remain in Australia on a 457 visa without breaching condition 8107 will reduce. Previously, a 457 visa holder had 90 calendar days to depart Australia, find an alternative sponsor and be re-nominated, or lodge an alternative visa application before cancellation would be considered. From 19 November 2016, this period will reduce to 60 days.

This change does not impact those whose 457 visa was granted BEFORE 19 November 2016.

Adult Dependent Children and Visa Applications – Important!

From 19 November 2016, an age limit will be placed on adult children being included as secondary applicants in visa applications, excluding children with disabilities or humanitarian/refugee applicants. Previously, there was no limit to the age that a child could be, provided they met the dependency test (or they were accepted as disabled, or were humanitarian/refugee applicants). From 19 November 2016, the age limit will be 22 years. However, exceptions to this age requirement appear to be available to adult dependent children applying for a visa through a provisional/transitional pathway.

Adult Dependent Relatives as Secondary Applicants – No Longer!

In addition to imposing an age limit to adult dependent children, the 19 November 2016 removes the option for single adult dependent relatives to be included in a visa application as a secondary applicant. Only members of the nuclear family will be considered a Member of the Family Unit, except for humanitarian/refugee applications where the definition is broader. This means it will no longer be possible to include a single, dependent aunt, for example in a visa application as a secondary applicant.

If you think you are caught out by any of the changes, please contact us for advice on what options may be available to you.