New COVID-19 pandemic: Subclass 408 Visa. And options for those whose visa is about to run out - and some other bits and pieces)
Anthony Robinson
Owner & Principal Solicitor: Master Immigration Lawyer at AR Law Services: Australian Immigration & Regulatory Lawyers. Specialist Crimmigration & Blockchain Lawyers.
As regular readers of this and my other posts will know the Australian Government introduced a new visa to assist with the COVID-19 pandemic on 4 April 2020: the Subclass 408. This new visa sits within the existing subclass 408 visa but has a new "pigeon-hole" called the Australian Government Endorsed Event - and naturally because it is the department it has a cherry acronym - AGEE. The visa permits foreign nationals who have temporary residence status to continue remaining in Australia because of the Covid-19 situation. The main requirements are:
- the person is physically in Australia;
- will assist with addressing workforce shortages in areas such as agriculture, aged care and public health; and
- unable to depart because of the COVID-19 pandemic.
This application should be made within 28 days or less of the current visa expiring. There is no visa fee charge.
Subclass 482 or 457 visas and their working hours
Also note that the Department of Home Affairs has indicated that sponsored employees will be able to be stood down and not be in breach of their visa conditions. The department has also indicated that sponsors will be able to reduce working hours (no limit has been set) without them or visa holders breaching their obligations.
Superannuation payments for temporary visas – examples include student, working holiday
Those on temporary visas have been encouraged by the government to seek the support of family members and rely on savings. The government has also suggested those who have been here for more than 12 months will be able to draw on their superannuation contributions but this is something individuals should query further with their superannuation provider.
Student visa work hours
On 7 March, the government allowed international students working for major supermarkets to work past their 40 hour a fortnight restriction.
International students working in the aged care and nursing industries will continue to have unrestricted work rights during this period.
Working Holiday Visa holders (WHV) employed in the agriculture, health, disability care, childcare, aged care or supermarket industry
WHV are limited to working with an employer for a maximum of six months. During this pandemic, those employed in the agriculture, health, aged, disability and childcare industries will be exempt from the six-month work limitation.
So the situation is still fluid but a little clarity or at least some issues are slowly gaining some focus.