Ending the COVID-19 Concession Period & Location Requirements for Grant of Visa

The COVID-19 Concession, which was commenced on 1 February 2020 to assist certain temporary and provisional visa holders, including individuals on a pathway to permanent residence, who were disadvantaged by the consequences of the COVID-19 Pandemic, finally ended on 25November 2023. The COVID-19 Concession was welcomed by many and helped many certain temporary and provisional visa holders as well as Australian Economy to recover after COVID-19 Pandemic lockdown.

While COVID-19 concession ended on 25November 2023, but these concessions not ended for all. The concessions provided in the Migration Regulations are not being repealed at this time, as there remains a legacy cohort for whom the concessions still apply, for example, applicants who applied for a visa during the concession period but who have not yet had a visa decision. The concession provisions remain in effect for this legacy cohort.

Effects on TGV visa subclass 485:

From 26 November 2023 subclass 485 visas(all stream) must be lodge in Australia but the applicant may be in or outside Australia, but not in immigration clearance when the visa is granted.

Subclass 485 subsequent entrant could belodge either in or outside Australia.

Effects on Partner and Child visas:

Partner Subclass 309/820 Visa:

The COVID-19 Concession allowed Partner(Subclass 309 and 820) visa applicants to be either in or outside Australia at the time of visa grant. Previously subclass 309 applicants were needed to be outside of Australia and subclass 820 applicants in Australia at the time of their visa decision.

From 26 November 2023, after the COVID-19 concession ended, Subclass 309/820 visa applicant may be in or outside Australia, but not in immigration clearance when the visa is granted.

Prospective Marriage (subclass 300) Visa:

For Prospective Marriage (subclass 300)visa, the application for the visa was made before the end of the concession period and applicants who was in Australia at any time during that concession period, their visa could be granted in Australia, but not in immigration clearance. For those who was not in Australia at any time during that concession period, they must be outside of Australia.

Child (subclass 101) Visa:

For Prospective Marriage (subclass 300)visa, the application for the visa was made before the end of the concessionperiod and applicants who was in Australia at any time during that concessionperiod, their visa could be granted in Australia, but not in immigrationclearance. For those who was not in Australia at any time during thatconcession period, they must be outside of Australia.

Sources:

https://www.legislation.gov.au/Details/F2023L01542

https://www.legislation.gov.au/Details/F2023L01544