Changes in visa condition

Between July 2016 and April 2017 around 47,000 visas got cancelled. Among several reasons, one of the prime reason was breaching the visa condition. Under the new migration act by Immigration Department of Australia, online vilification based on gender, sexuality, religion and ethnicity would subject to the cancellation of visa.

Existing condition 8303 has been further amended to extend its scope according to the Migration Legislation Amendment Regulations 2017 on effect on 18th November.

According to the Immigration Department: It sends a clear message, explicitly requiring that the behavior of temporary visa holders is consistent with Australian government and community expectations. It advises visa holders what sorts of behavior can result in visa cancellation.

This condition now also applies to temporary graduate visa (Subclass 485), skilled regional (485), student visa and visitor visa.

The following is the information from Department of Immigration and Border Protection, Australia:

Changes To Visa Judgment Arrangements

From 18 November 2017, you will no longer be able to lodge an application in person at any offices of the department for the following visa sub-classes:

You must lodge Partner visa (including Prospective Marriage visa) and Temporary work (International Relations) visa applications online through ImmiAccount.

New Conditions For Temporary Visas

If you apply for and are granted a temporary visa on or after 18 November 2017, you will be subject to new visa conditions during your stay in Australia:

  • Visa condition 8303 prohibits activities that endanger or threaten any individual, or activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
  • Visa condition 8304 requires temporary visa holders to identify themselves by the same name in all dealings with Commonwealth, state or territory government agencies. If you change your name, you must inform all government agencies of this name change as soon as possible. This includes the Department of Immigration and Border Protection.
  • Visa condition 8564 requires individuals not to engage in criminal conduct.

You must send Parent visa applications by post or courier to the following addresses:

Post application to:
Parent Visa Centre
Locked Bag 7
Northbridge WA 6865

Courier application to:
Parent Visa Centre
Wellington Central
Ground Floor
836 Wellington Street
West Perth WA 6005

Visa Integrity Changes

Public Interest Criterion 4020 has been strengthened by increasing the period in which previous instances of fraud can be considered from 12 months to 10 years, for any visa applied for on or after 18 November 2017. Permanent Humanitarian and Protection visa applications are not required to meet Public Interest Criterion 4020 so are unaffected by this change.

In addition to existing visa application requirements, permanent visa holders who are being considered for cancellation of their visa will not be eligible to apply for a Resident Return Visa (RRV) on or after 18 November 2017.

Individuals will not be able to apply for a Bridging Visa E (BVE) if their last visa was cancelled because they:

  • breached condition 8303
  • breached condition 8564
  • were found to be a risk to the health, safety or good order of the Australian community or a segment of the Australian community, or the health or safety of an individual or individuals.

Please do not hesitate to contact us for more details.