NEW VISA SUBCLASS 408 DURING COVID-19 PLUS EXTENDED WORK HOURS

The COVID-19 pandemic has given rise to concern about temporary visa holders in Australia.

There is concern that current temporary visa holders be able to continue to support themselves whilst onshore. There is also much-needed demand for current temporary visa holders to be employed in critical sectors during the crisis and thus contribute to supporting Australia’s ongoing essential services.

At this trying time for everyone the Government is making a number of changes to temporary visa holder arrangements during the coronavirus crisis in order to protect the health and livelihoods of Australians, support critical industries, and assist with the rapid recovery post the virus.

These measures include:

• a new visa pathway for temporary residents

and

• temporary relaxation of working conditions for certain Working Holiday and International Student visa holders.

NEW Visa Subclass 408 Pathway

COVID-19 Pandemic Event visa eligibility:

The purpose of declaring the COVID-19 pandemic as a government-endorsed event is to implement a measure to respond to workforce shortages in relation to areas including, but not limited to, agriculture, aged care and public health and provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia who would otherwise be required to depart Australia.

A visa to remain in Australia for those who:

• Are unable to depart Australia as a result of the COVID-19 pandemic
• have a current temporary visa that will expire within 28 days or have held a temporary visa that expired within the last 28 days
• are not eligible to apply for the same visa they currently hold or for any other suitable visa; and
• who are engaged in or have the relevant skills to undertake critical work relating to the supply of essential goods and services

COVID-19 Pandemic Event – Key Criteria and conditions include but not limited to:

• This visa is valid for the duration of the event (COVID-19 pandemic)
• This visa allows for family unit members who meet the health and character criteria to be added to the application at any time.
• There is no Visa Application charge
• You are required to maintain adequate health insurance for the duration of the visa
• You must have adequate means of support for the intended period of stay

Condition CHANGES for Current Temporary Visa Holders

Working Holiday Makers

Limited flexibility has been approved for Working Holiday Maker (WHM) visa holders during the COVID-19 pandemic, namely:

WHM visa holders who are employed in critical sectors including healthcare, disability and aged care, childcare and agriculture are exempt from the six (6) month work limitation of only one employer. WHM visa holders who have completed three or six months of specified work may be eligible for a second or third working holiday maker visa.

If you have not undertaken the required period of specified work AND your visa is due to expire withing 28 days and you are employed in a critical sector you may be eligible to apply for the 408 visa under the COVID-19 government-endorsed event.

International Students

The Government is taking a flexible approach in relation to student visa conditions where COVID-19 restrictions have prevented conditions being met, such as attendance at class or use of online learning.

Under normal circumstances, most International Student (IS) visa holders may work up to 40 hours per fortnight whilst their course is in session.

In light of these exceptional circumstances and the need to ensure continuity of the supply of critical services, the Department of Home Affairs and the Australia Border Force will exercise discretion in relation to student visa holders working beyond their usual work limitations in specified industry sectors.

Certain student visa holders are temporarily permitted to work more than 40 hours per fortnight to support the supply of essential goods and services for Australians if they are:

• employed in the health sector, enrolled in a health-related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID-19
• employed by registered supermarkets (this temporary measure ceased on 1 May 2020 for supermarkets)
• employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider
• employed by a registered National Disability Insurance Scheme (NDIS) provider

Note: On 7 March 2020, the Government decided to temporarily relax the 40-hour work limit for student visa holders working in supermarkets. This temporary measure ceased on 1 May 2020 for supermarkets.

How can Great Migration Strategies help?

Talk to our Migration Agents today to see how Great Migration Strategies can assist you with your employment visa requirements. Contact us on (0412) 388 830 or by visiting the Contact Us page on our website.