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NEWS FLASH: Pandemic Event Visa Closure

While this is now old news, we felt that this was still an important change to immigration policy that we would news flash.

The Pandemic Event Visa has officially closed to new applications. As of 2 September 2023, the Pandemic Event visa will only be available to existing Pandemic Event visa holders. 

Why is the Pandemic Event visa closing? 

Now that Australia’s borders are open and temporary visa holder numbers in Australia have returned to pre-COVID levels, The Department of Home Affairs has decided that the Pandemic Event visa will no longer be required. 

Next steps for existing Pandemic Event visa holders and lodged Pandemic Event visa applications

As part of the staged closure: 

  • All visa applications lodged on or after 2 September 2023 will have a stay period in Australia of up to 6 months.
  • All applications lodged on or after 2 September 2023 will incur a Visa Application Charge of AUD405.00.
  • The Pandemic event visa closes to all new applications on 1 February 2024. 
  • At the time of application, you must hold a Pandemic event visa that expires in 28 days or less.
  • Applications lodged before 2 September 2023 will continue to be considered for a period of stay in Australia of up to 12 months. 
  • Your Pandemic Event visa will remain valid until its expiry, or you are granted another visa. 

Next steps for employers preparing for closure 

Employers of a Pandemic Event visa holder should check what their employee’s plans are, including whether they intend to transition to another visa or depart Australia. 

It is the responsibility of employers to ensure that they employ overseas workers with valid visas, otherwise, they risk significant penalties. 

If you found this article useful, give us a call and book your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers

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Game changing citizenship requirement changes for NZ citizens

From the 1st of July 2023, all New Zealand (NZ) citizens who are granted a special category visa (SCV) will be considered permanent residents for citizenship purposes. This will mean that all SCV holders will have a direct pathway to apply for Australian Citizenship without becoming permanent residents first. This is under the condition that the requirement of four years of residence and other eligibility requirements are met. In our view, this is a monumental shift in citizenship requirements, with a game-changing effect on NZ citizens who have made Australia their home.

Ordinarily, to meet the general residence requirement for the purpose of citizenship by conferral, an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. 

The changes that will take effect from 1 July 2023:

  • All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
  • New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
  • New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered permanent residents for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia as well as New Zealand citizens who are overseas but held an SCV before leaving Australia. 

These changes will impact children who are born in Australia on or after 1 July 2022 to an SCV holder as they will automatically acquire Australian citizenship at birth. 

The change will ultimately bring about new opportunities for New Zealand citizens and their children born on-shore, and will finally reward SCV holders who have lived in Australia for an extended period of time so as to receive the benefits associated with citizenship and be valued as  part of the Australian community. 

M Legal’s lawyers’ experience makes us well-equipped to help provide clarity on this entire process. With our knowledge, we can assist you with your next Australian Citizenship application and put the most robust case together for you to make this work easier for you.

If you found this article useful, give us a call and book your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers

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Here are the changes to the First Home Buyer Choice (NSW) and why they’re going to make a difference.

The new NSW First Home Buyer Choice scheme has given first home buyers an opportunity to lower the upfront costs of your purchase of a property, whilst also reducing the time needed to save a deposit, fast-tracking your way to a new home.

What is the First Home Buyer Choice?

First Home Buyer Choice is a government initiative that allows first home buyers the choice to either pay the existing upfront stamp duty (known as transfer duty) or an annual property tax when they are seeking to purchase:

  • Residential land (a new or existing home) for up to and including $1.5 million
  • Vacant land on which they intend to build a home for up to and including $800,000.

What is the difference between stamp duty and the annual property tax?

Stamp duty is an upfront payment required to be paid when purchasing a home. This payment is calculated as a percentage of the property’s purchase price or current market value. With a constantly shifting property market, stamp duty has continued to significantly increase over the years. This has made it, in some cases, increasingly difficult for first-home buyers to purchase a property.

To combat the increasing rates, the government has provided the alternate option of an annual property tax. The annual property tax is a series of payments that are based on the land value of the purchased property. This is typically deemed the lower upfront cost, particularly for first-home buyers needing to save their funds. However, it is important to remember that alike to stamp duty rates, this tax may become increasingly costly in the long run. The property tax rates for 2022-2023 and 2023-2024 include:

  • $400 plus 0.3% of land value for properties whose owners live in them
  • $1500 plus 1.1% of land value for investment properties.

*It is important to also note that once a property has opted into property tax, the eligible purchaser/transferee will remain liable for annual property tax until they no longer hold an interest in the property.

What are the eligibility requirements for a first home buyer in NSW?

The eligibility criteria given to first-home buyers in NSW include that:

  • You must be an individual (not a company or organisation)
  • You must be over the age of 18
  • You (or at least one person you’re buying with) must be an Australian citizen or PR
  • The property you are buying must be worth less or equal to $1.5 million
  • You must move into the property within 12 months of your purchase, and live in it continuously for at least 6 months.
  • You must sign the contract of purchase on or after 11 November 2022

What are the property requirements that fit within the First Home Buyer Choice?

  • Eligible properties include a house, townhouse, strata unit, company title unit, flat, duplex or a vacant block of residential land intended as the site of a first home.  
  • A property is not eligible if it includes a business or business premises or is the site of a holiday home. 
  • The value of the property (dwelling) you’re buying must not exceed $1.5 million. If you’re buying vacant land, it must not exceed the value of $800,000. 
  • You must move into the property within 12 months of purchase and live in it continuously for at least 6 months. 

It is important to also note that this application needs to be thoroughly checked and completed. Particularly with regards to submitting the correct and appropriately formatted documents in order to allow your application to be successful and to allow first-home buyers, when purchasing, to be at ease. 

M Legal’s lawyers’ experience within the property market, and particularly throughout the fluctuations caused by the pandemic, is well equipped to give you clarity on this entire process. With our knowledge, we can assist you with your First Home Buyer Choice application and put the most robust case together for you to make this work easier for you.

Contact Us

If you found this article useful, give us a call and book in your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers

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