Australian Visa Frequently Asked Questions During COVID-19
To assist our clients and our inquirers who are looking for quick answers in the midst of COVID-19 Pandemic regarding their Australian visa including visa cancellation, visa refusal, sponsorship obligation, visa expiring or visa has expired, or travel restrictions, our team at Agape Henry Crux has compiled a list of Frequently Asked Questions below.
Note: Please click on each question to see the answers.
Agape Henry Crux Operations
+ 1. Are you guys still operating?
Yes, in fact due to the high volume of urgent case, our office hours have increased from 8am to midnight. For urgent matters, 24/7.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. Can I visit you office?
No, for the safety of our clients and staff we will not be accepting any onsite appointments.
Any consultation sessions will be conducted through telephone or videoconference – to your preference.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 3. How can I make an appointment?
You can make an appointment online via our website.
If you are an existing client, please contact your lawyer via email (processing@ahclawyers.com) or their direct mobile number if this was provided to you.
You can also contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 4. I want to drop off a document for my case – what’s the best way?
For a number of years now, our firm has been a participant of the sustainability initiative by going paperless. The best way is to use our client portal.
You may also email us:
- (a) for new enquiries: info@ahclawyers.com
- (b) for ongoing matters: processing@ahclawyers.com
If you do not have access to a scanner, please contact your lawyer for further instructions and arrangements.
People who are outside of Australia and wanting to come back or enter Australia
Besides from below FAQ, we also encourage everyone to visit and review the Department of Home Affair’s website.
+ 1. I have a visitor visa or other temporary visa granted before the Coronavirus became an issue, can I come in?
Yes, you may be able to travel back to Australia if you are an immediate family member of an Australian citizen or permanent resident and received approval to travel before arriving Australia.
Your entry to Australia will not be easy, and will be assessed on a case by case basis. We will review and assess your circumstances and advise you whether we may be of assistance.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. I have an employer sponsored visa and I was overseas on holidays. How can I come back to Australia?
We strongly advise you to appoint us as your lawyers to best argue your case to the Commissioner of the Australian Border Force to allow your return.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 3. I am an Australian citizen/PR, I have a family member that I would like to bring to Australia what’s the best option?
If they do not already have a visa, please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 4. I was overseas on a Bridging Visa B. Can I extend the entry date? How can I come back?
No, a Bridging Visa B cannot be extended if you are overseas. You will need to find alternative pathways to return to Australia.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
For Businesses - Sponsors/Nominators
+ 1. I run a business and have workers sponsored, but due to the mandatory closures, I cannot afford to keep them on what can I do?
You will need to consider your obligations under a number of laws, including but not limited to employment, immigration and taxation laws.
We understand that many businesses need to make hard and difficult decisions during this unprecedented times, including to stand down workers temporarily or terminating their employment.
If you do not satisfy the legal obligations, it may affect your future business’s sponsorship eligibility.
Please contact us to ensure that your business follows and satisfies all of your legal obligations to avoid future consequences.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. What are the consequences of my business terminating employment for the sponsored workers
You need to ensure that you have satisfied your legal obligations under the employment, immigration laws. There are severe consequences that may follow, depending on the nature of the termination.
Please contact us to ensure that your business follows and satisfies all of your legal obligations to avoid future consequences.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 3. Rather than full-time work, can our business give part-time work to our sponsored workers?
No, as it is a nomination requirement that the sponsored work visa holder is employed in a full-time position and under Department’s policy, such employment arrangements would generally be expected to continue for the entire period of the work visa.
However, we can assist it formulating several strategies to achieve the this issue and others that are associated.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 4. I have to close my business permanently, what are my obligations to the sponsored workers?
You would need to notify the Department of any sponsored worker that has ceased employment with you. This is part of your sponsorship obligations. In a few cases or circumstances, the sponsor is also required to pay travel costs to enable sponsored person to leave Australia. For Sponsorship obligations, visit: Sponsorship Obligations.
If you have not engaged the services of a professional, our firm has expanded it's services to support you during this difficult times, including negotiating financial commitments to your creditors.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
Employer sponsored visa holders (if you already have the visa)
+ 1. My sponsor is closing their business temporarily, can I work somewhere else during the closure?
Only in certain cases, this will be allowed.
In most cases, you will be in breach of your visa conditions which subjects your visa to cancellation.
Please check your visa conditions first to see whether if you are subject to any work restriction conditions.
If you are unsure, please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. My sponsor’s business closed permanently. What are my options?
Hang tight, contact us and allow us to formulate an aftermath strategy for your consideration.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 3. I am on 457/482 visa. Can I claim the period during the temporary closure as part of my work experience for 186 or other purposes?
Generally no, however our firm never shies from a challenge. We will need to review your circumstances to provide you options.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
Visa applicants pending decision
+ 1. Is the COVID-19 pandemic affecting the processing time for my application at the Department of Home Affairs/ AAT?
There is no clear indication the processing times of applications are being affected by the Department and AAT. Certain measures are being put in place by the Department and the Tribunal in light of the current situation which may affect the processing times.
Internally, at Agape Henry Crux, for some applications, the processing time is much quicker.
However, it's not always an advantage if your case is ready for decision. Some laws will cause your matter to be refused. For example, if you are a cook and your sponsor's business is now limited to take-way, your application may be refused.
Together, we may need to form strategies tailored to your situation.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. I am being sponsored by a business who had to close down temporarily, would it affect my visa outcome?
Theoretically, yes it will. Unless your case is argued strategically, it may lead to a refusal.
We have a complex case unit that deals with situations like this and have been successful in securing favourable outcomes.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 3. I am being sponsored by a business which closed down permanently – can I still get my visa?
No. We would be concern with time. If we have adequate time, we may be able to salvage your situation.
Allow us to properly assess your situation and offer the best strategy and solution for you.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 4. Can I still apply for Bridging Visa B – so that I can go and visit my family in my home country, and come back?
The travel bans currently in place affect incoming and outgoing passengers. There may be concerns that your travel overseas is a public risk by way of exposing the Australian community to COVID-19. You can still continue to apply for a Bridging Visa B, however there is a risk of the Bridging Visa B being refused. The travel bans may also been that you may not be able to return to Australia.
However, our firm has formulated a 2 stage process that increases the chance of success.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
Visa holders who's visas expiring soon (including 8503)
+ 1. My visa is expiring soon, but I do not want to leave due to global travel bans. What are my options?
There are over 100 visas in Australia – let us assess your elgibility and help you remain in Australia.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.
+ 2. I have a no further stay condition on my visa, and I cannot return to my home country. What can I do?
No further stay condition can be waived, and you will then be able to make other visas to allow you to remain lawfully in Australia.
Please make an appointment with us online, or contact us on +61 2 7200 2700 or info@ahclawyers.com.