The have been changes made by the Australian Immigration authorities. Following are the ones important to note:

• Introduction to new sponsored parent visas postponed
• 4020 fraud public interest criterion has undergone changes
• Not having a Health Care Debt and New requirements for health insurance
• Temporary Residents have to use a single identity when dealing with the Government department and note engaging in criminal conduct

This article goes on to explains how these changes will affect visa applicants.

5th December 2017 Updates
The Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 F2017L01425 was disallowed on/from 5th December 2017.

As a result, the changes to the following are no longer in effect:

• 4020 fraud public interest criterion has undergone changes
• Not having a Health Care Debt and New requirements for health insurance
• Temporary Residents have to use a single identity when dealing with the Government department and note engaging in criminal conduct

It is important to note that the changes may still apply to applications lodged between 18th November and 5th December 2017.

4020 Public Interest Criterion seems to be the main concern –there might be a re-introduction in of other initiatives in the instrument states the Government and most possibly a revised version might come into effect with changes to4020.

Update on Temporary Sponsored Parent Visa
Nov 2017 saw the announcement of temporary sponsored parent visas by the Government.

It is important to note that the the Migration Amendment (Family Violence and Other Measures) Bill 2016has been referred to a Senate Committee for Considerationand has not yet passed the Senate yet.

4020 Fraud Public Interest Criteria – The changes
Discontinuance of F2017L01425 has rendered the changes useless

On the other hand, the 4020 Public Interest Criteria has undergone significant changes.

If false or misleading information is provided this can get the 4020 into effect thus resulting in refusal of a visa application. In the past, the information that would be looked into by the Immigration department that would be provided in either:

• The application that is presently processed
• A 12 month period of holding a visa; or
• Refusal of an application in the last 3 years (or 5 years in some cases).

The application can be rejected if false or misleading is given for:

• Visas held; or
• Visas applied for

Within the last 10 years.

Your future visa application for up to 10 years will be at stake in case if false or misleading information is provided in a visa application.

In the past, withdrawal of visa applications were granted if false or misleading information was submitted and this would not necessarily result in 4020 refusals for future applications. However, this is not the case anymore as the rule of 4020 will come into existence for any visa applications made within the last 10 years, regardless of the application being granted, refused or withdrawn.

One of the most frequented issues with 4020 is failure to declare past criminal records when lodging a visa application. In normal cases, a previous offence declaration is included in the visa application form. However, in case of insufficiency of this information or if not correctly completed, can trigger 4020 issues. This will have a detrimental effect on current and future application for next 10 years.

Public Health Care Debts
Discontinuance of F2017L01425 has rendered these changes useless.

Taking cognizance and expressing concern over the health care costs incurred by temporary visa holders in Australia but not repaid is the Australian Government

This has resulted into a new visa condition called 8602 which asks of the temporary visa applicants to not have any of public health debts that are outstanding.

Under the ambit of the list of health care debts are the medical costs due to the Australian state, orarea / federal governments. Cancellation of current will be implied in case of the temporary visa holder incurring a public health debt. This will also make their life difficult to obtain subsequent visas.

Clarification on Health Insurance Requirements
These changes are no longer in effect due to the disallowance of F2017L01425.

Many temporary visas have a requirement that the applicant hold suitable health insurance for grant and that they continue to do so whilst in Australia on their visa.

A definition of “Adequate arrangements for health insurance” has been added to the Migration Regulations. This allows the Australian Minister to specify what kind of health insurance will meet visa requirements.

Single Identity Condition 8304
Discontinuance of F2017L01425 has rendered these changes useless.

A new visa condition 8304 has been created which requires temporary visa holders to:

• Using a single identity when dealing with the Government department, territory or federal
• Immediate intimation to the relevant Australian Government agencies in case the visa holder changes name and ensuring that the change is given effect

This change has been done to reduce the risk of identity fraud.

Criminal Conduct Condition 8564 and Violent/Disruptive Activities Condition 8303
Discontinuance of F2017L01425 has rendered these changes useless.

Any kind of criminal activity in Australiais prohibited under the Condition of 8564. In the past, this condition only applied to Bridging E visas but now will apply to a wide range of temporary visas as well.

There has been a broadening of Condition 8303 so as to prohibit activities which endanger or threaten people. This used to previously apply only to violent or disruptive activities affecting the Australian community more broadly.

This has in turn resulted into easier cancellation of temporary visas of people engaging in criminal or other dangerous activities in Australia.

The changes made to 4020 ensure a stricter adherence to that false or misleading information is not provided when making a visa application.

Increase in importance given to health insurance as his could affect people needing medical treatment in Australia. This is due to new health conditions being applied to temporary visas.