REGULATION CHANGES TO ENHANCE COMMUNITY SAFETY AND VISA INTEGRITY

The Australian government is introducing new regulations to enhance visa integrity and clearly communicate what is expected from non-citizens during their stay in Australia.

 

Changes for Temporary Visas

Individuals who apply for, and are subsequently granted, a temporary visa on or after 18 November 2017 will be subject to new conditions during their stay in Australia:

  • Visa condition 8303 will prohibit 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 will require 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, including the Department of Immigration and Border Protection, as soon as possible.
  •  Visa condition 8564 will require individuals not to engage in criminal conduct. Individuals who are subject to this condition, and who receive a criminal conviction during their stay in Australia, may have their visa cancelled.

Changes for all visas

Regulations are also being tightened with respect to all visa applications to improve overall visa integrity:

  • 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 affected by this change.
  • 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.
  • Bridging Visa E (BVE) application criteria have been amended to prevent an application from a person whose last visa was cancelled due to a breach of conditions 8303 or 8564, or because they were deemed a risk to the community. The Department can still grant a BVE to such individuals without application where appropriate.

If you want to know more about these, or have questions about visa application, please feel free to contact us.

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