In support of the South Australian Government’s on-going response to the Coronavirus, Immigration SA is implementing visa eligibility criteria changes and will prioritise the processing and nomination of health and medical workers.  

Both the Marshall State Government and the Morrison Federal Government have acknowledged the need to urgently find more medical and health professions to join the Australia’s Healthcare System. 

Epidemiology experts are predicting there will be an intense as well as lengthy infection period for the Coronavirus. 

This post was last updated on April 14, 2020

We write this post with a very heavy heart for all the employers who have to make the most difficult decision of all, whether to continue to employ people or let them go and place them in unemployment.

As we are now in the second month of what is unprecedented dual health and economic impacts sweeping across the globe the coronavirus COVID-19 pandemic has immediately affected the very way businesses and people interact with each other.

The recent Australian Government emergency announcements touch on every part of society. From an Australian Migration perspective, across the board, there are difficulties faced by employer sponsors and employees that are sponsored; there are difficulties faced by families that are separated by distance or face uncertainty regarding their visa status as borders lockdown and flight schedules continue to be cancelled; and there are a whole host of temporary visa holders who do not have the protections from the Australian Government that ordinary Australian Citizens and Permanent Residents have access to.

In an announcement from the office of The Hon Alan Tudge MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on April 4, 2020 The Federal Goverment answered our question:

"While citizens, permanent residents and many New Zealanders have access to unconditional work rights and government payments

(including the new JobKeeper and JobSeeker payments), temporary visa holders do not. " Source: https://minister.homeaffairs.gov.au/davidcoleman/Pages/Coronavirus-and-Temporary-Visa-holders.aspx  

The Australian Government has introduced a new stream for people whose visas have expired or are about to expire.

The temporary visa subclass 408 is no eligible to Visa Applicant’s whose visa was held in the last 28 days and are unable to apply for the same visa or do not meet any eligibility criteria for another visa.

The purpose of the new visa stream provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.

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

Bruno arrived in Adelaide as a student visa and fell in love with Australia's laid back lifestyle.

Work Visa Lawyers helped Bruno with his successful Skilled Regional (Provisional) 489 visa application under the ANZCO 391 111 Occupation of Hairdresser.

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

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