We have put together two videos discussing this topic and will continue to bring you updates as we all move the Coronvirus situation.

VIDEO 1 -Coronavirus - Australian Travel Bans, Student & Visitor Visa Holders Options and The Rush Back

This Article was last updated on Monday April 6, 2020.

As we write this update, we have a very many people worried for the future and concerns for loved ones abroad and in Australia due to the disruption the Coronavirus crisis is causing as the number of confirmed cases rise globally by the hour.

At this point in time, many plans for the future have been disrupted as a result of the lockdown or shutdown of airports and countries to foreigners.

Our thoughts are with anyone who finds themselves in this position. As specialist in the area of partner and family migration we have been considering how the Coronavirus crisis may be affecting you and created

the following Questions and Answers below:

491 Visa - Australian (Skilled Worker Regional) Provisional - Questions and Answers

As the Visa subclass 491 is still quite a new visa subclass for the Australian Department of Immigration, we have been receiving a huge amount of questions, so we thought we would collate them all in one place. Hopefully you will find these answers useful, if you don’t find the answer to your 491 visa question please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Living and Working in Regional Australia
Occupation and Skills
English Language Skills
My family and My Visa
My Health and Character
Processing Times and Costs
Moving towards Permanent Residency

In 2018, one quarter of all Australian marriages were between a local and foreign born person.
That’s 28,452 marriages in Australia and potential spouse visas. (Source: https://www.smh.com.au/lifestyle/life-and-relationships/home-is-where-the-heart-is-or-is-it-20191223-p53mgt.html)

Partner visa processing times have steadily increased over the past two years.

We have previously written about the processing times here: https://www.workvisalawyers.com.au/news/all/australia-partner-visa-processing-times-update-march-2017

The current processing times are such that for a Temporary Partner (subclass 820) visa (onshore) 22 to 29 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820)

And for a Partner Provisional (subclass 309) visa (offshore) 17 to 20 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore)

The Department is receiving more applications in a migration program year (same as the financial year, from 1 July to 30 June) than it will be able to process in that year, which is affecting your ability to get the visa granted.

The Australian 2019/20 bushfire season has been one of the worst natural disasters our country has faced.

We have previously discussed the impact of the bushfires on various visa subclasses in our recent article: https://www.workvisalawyers.com.au/news/all/how-will-the-bushfire-crisis-impact-on-australian-visas-and-immigration-1.html

Among the affected visa holders, Working Holiday (subclass 417) and Work and Holiday (subclass 462), have felt the biggest impact. Working holidaymakers may have experienced disruptions to their work and thus, are unable to meet the specified work required to extend their visas. Others may have been turned away from fire and drought affected areas as there is simply no work available.

Following recommendations from the National Bushfire Recovery Agency, changes to working holiday visas were announced today. These changes are mutually beneficial for fire affected regions and working holiday visa applicants and holders.

We are here to answer your questions about the Skilling Australians Fund levy

The Australian 2019/20 bushfire season has been one of the worst natural disasters our country has faced. Our thoughts are with those who have suffered from these fires and we praise the efforts of all firefighters, especially the volunteer brigades who have worked so hard to protect life and property at their own mortal risk and continue to do so. 

This month Work Visa Lawyers has chosen to support the South Australian Country Fire Service Foundation with a financial contribution.

We have all seen the heart wrenching media images of immediate loss of people, wildlife and property but the social impacts will be far-reaching and persist long after the fires have been extinguished. In particular we would like to acknowledge the loss suffered locally in our native South Australia, particularly the Kangaroo Island Community. We have assisted the Southern Ocean Lodge for many years and we wish everyone involved in the lodge the best possible outcomes in the difficult time.

Every year, hundreds of people who apply to renew their Australian passport or apply for citizenship by descent for their overseas-born children are notified by the Department of Home Affairs that they have ceased to be an Australian citizen some years ago. Often, this cessation comes without notice and the notification that they do not hold current Australian citizenship is shocking and can cause significant distress. Prior to 2002, many Australians who obtained the citizenship of another country were not aware that they will also automatically cease to be an Australian citizen.

Automatic Cessation of Australian Citizenship

Prior to 2 April 2002, a person of full age who by some voluntary or formal act other than marriage, did an act or thing to acquire the citizenship of another country ceased to be an Australian citizen under section 17 of the Australian Citizenship Act 1948 (Cth) (‘old Act’). There was no requirement to report the acquisition of another citizenship and the cessation occurred automatically as an operation of law.

Due to the automatic effect of section 17, the Department of Home Affairs does not have comprehensive records of those who lost their Australian citizenship under this provision. As such, errors may have been made when issuing evidence of Australian citizenship, Australian passports or in assessing citizenship applications. This means that you may hold an Australian passport without actually being an Australian citizen!

Full Age

From 26 January 1949 to 30 November 1973, a person aged 21 or over was considered of full age and would have lost their Australian citizenship once they obtain citizenship from another country.

From 1 December 1973, a person aged 18 or over was considered to be of full age.

Location of Citizenship Acquisition

Prior to 22 November 1984, section 17 of the old Act applied to those who acquired another citizenship whilst outside of Australia.

Between 22 November 1984 and 2 April 2002, an adult ceased to be an Australian citizen upon acquiring another citizenship, regardless of whether they were in or out of Australia.

Ex-Citizen Visa

Under section 35 of the Migration Act 1958 (Cth), those who were affected by section 17 automatically acquired an ex-citizen visa which allowed them to lawfully remain in Australia. Once they leave Australia, they could not re-enter without a valid visa.

How you may come to find out of your loss of Australian citizenship under section 17:

• After applying for Australian citizenship by descent for their overseas-born children

• After applying to renew Australian passport

• After applying for proof of Australian citizenship

• Attempting to re-enter Australia after a long period of time living overseas

Repeal of section 17

After much lobbying, especially from the expatriate community, major amendments were made to the old Act in 2002. From 4 April 2002, dual nationality was introduced for Australian citizens, allowing a person to simultaneously hold both Australian citizenship and the citizenship of another country. However the change was not retrospective, meaning those who lost their citizenship under section 17 do not automatically regain their Australian citizenship.

Resuming Australian Citizenship:

Resources

If you were affected by section 17 and wish to regain your Australian citizenship, speak to us today about an application to resume your Australian citizenship.

Call us on (08) 8351 9956 or +61 8 8351 9956 to book an appointment or click on the button below for online booking:

Book an Appointment

Sources:
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0102/02bd078

Citizenship Policy and Instructions 27 – Resuming Australian Citizenship issued on 24 May 2019
Migration Act 1958 (Cth) s 35

The latest report on invitations issued by the Department of Home Affairs shows another of extremely low number of invitations in December 2019.
There were 250 invitations issued for Skilled Independent visa (subclass 189) and a low number of 200
Skilled Work Regional (Provisional) visa (subclass 491) invitations awarded – the first month in availability.