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Ruslan-Ahmadzai

Ruslan-Ahmadzai

Solicitor specialising in corporate immigration.Registered Migration AgentSpecialities: Migration Law, Employer Compliance in Immigration, Business Stream Visas, Family and Partner Visas, CPD Training.

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Home Affairs released new guidelines for those who are planning to leave Australia on or after June 10 2020)

Due to the current COVID-19 situation in Australia, including state and territory border restrictions, business closures and social distancing requirements, international visitors are encouraged to return home when possible to do so.

Temporary visa holders should be aware that if they wish to return to Australia while COVID-19 restrictions are in place, they will generally need a travel exemption.

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From 11 June 2020, TRA is streamlining the way applications and documents are submitted to Trades Recognition Service (TRA)for all steps of the JRP.

Step 1: Provisional Skills Assessment

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On 3 June 2020, the Australian Government has prohibited the export relating to equipment that could be used in the efforts to stop the spread of COVID19, this includes the following items:

  • disposable face masks
  • disposable gloves
  • disposable gowns
  • goggles, glasses or eye visors
  • alcohol wipes
  • hand sanitizer

In certain circumstances, exemptions to the abovementioned items may apply if:

  • a person departing Australia takes a reasonable quantity of the items for personal use
    • This exemption also applies to goods loaded as ship’s stores where the quantity is reasonable for personal or crew use
  • the items are exported to a relative of the person for the relative’s personal use, and the export is not by international mail
  • the items are exported by a humanitarian organisation, and the export is not by international mail
  • the items are manufactured by the exporter, and the export is not by international mail
  • export of the items is in line with the exporter’s normal business activities (and the exporter has an ABN and is registered under the GST Act) and the export is not by international mail. For example:
    • they traded in these items (or similar forms of personal protective equipment or hygiene products) before 30 March 2020. This applies to companies that have regularly exported these types of goods or distributed them within Australia
    • they export these items to a company they regularly export to or to a related entity (such as an Australian company exporting to an overseas branch or office of that company)
    • they entered into a contract to export these goods prior to 30 March 2020
  • the items are imported into Australia solely for the purpose of export to another country (transhipment) and remain in customs control while in Australia

Exporters who are eligible for an exemption should provide, or be willing to provide, evidence of their eligibility to their customs broker for assessment by the Australian Border Force, if required.

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Fraud within the Visa and Citizenship Programmes is a high risk for the Department. People may present bogus documents, conceal information or provide false or misleading information where they would otherwise fail to meet the criteria for a visa. They may commit fraud to facilitate people smuggling, human trafficking, drug trafficking or terrorist operations.

Public interest criterion (PIC) 4020 is intended to significantly increase the level of integrity in visa applications by providing a strong disincentive to those considering giving, or causing to be given, a bogus document or information that is false or misleading in a material particular. It also requires applicants to satisfy the delegate as to their identity.

PIC 4020 is one of the Public Interest Criteria in Schedule 4 of the Migration Regulations 1994 (the Regulations). Where PIC 4020 is among the criteria for grant of a visa, unless the requirement to satisfy PIC 4020 is waived under PIC 4020(4), it must be met in order for the visa to be granted. Failure to satisfy PIC 4020 is grounds for visa refusal not for visa cancellation.

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Department of Home Affairs has released latest information to assist specific industries as well as employers hit by the ongoing pandemic.  As we continue to climb out of the lockdown, certain concessions are nonetheless required in order to ensure that the roadmap to recovery.

Agricultural sector:

Home Affairs and the Border force will apply flexible arrangements to allow critical workers, including Seasonal Worker Programme and Pacific Labour Scheme participants and Working Holiday Makers, to extend their stay in Australia:

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