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408 VISA RELEASE FOR TEMPORARY VISA HOLDERS CAUGHT IN AUSTRALIA / TASMANIA PROVING FINANCIAL SUPPORT

Australian Government, Department of Home Affairs have provided a fact sheet on the COVID-19 Subclass 408 – Temporary Activity visas with some important details:

This visa allows applicants to come to Australia on a temporary basis to participate or observe in an Australian research project and work in a skilled position under a staff exchange arrangements.  

Critical sectors are currently considered to be: agriculture, food processing, health care, aged care, disability care and childcare;

To apply to work, applicants will need to provide evidence confirming their date of employment, which critical sector the applicant is working in and evidence that no Australian citizen or permanent resident can fill the position.

For doctors and nurses, they must also provide evidence of their qualifications (and likely AHPRA registration) and a letter of offer from a hospital or clinic.

Those approved this visa on the basis of working in a critical sector will have work rights and may be granted a visa for a further 12 months;

Also, those approved this visa because they have no other choice (visa of last resort) will be granted a visa for up to 6 months to remain in Australia lawfully. They will need to provide a statement stating why they cannot apply for another visa, why they are unable to depart Australia before their current visa expires, and what actions they are taking to arrange their departure as soon as travel restrictions are lifted and/or flight availability resumes.

The instrument that enables any temporary visa holder in Australia who cannot leave Australia as a result of the coronavirus pandemic and who is unable to make a valid application or meet the requirements for any other visa to apply for a Subclass 408 – Temporary Activity visa was registered.

The instrument creates a class of person to satisfy certain criteria for this visa if they are affected by the COVID-19 pandemic, which is ironically classified as an Australian Government endorsed event. Typically, these events are short-term sporting and festival events.

The class of applicant who can be considered for this visa must be in Australia and unable to depart Australia as a result of the COVID-19 pandemic and is either the holder of a temporary visa that is less than 28 days from expiring or was the holder of a temporary visa that expired not more than 28 days before they lodge their 408 visa application.

Importantly, visa applicants must be unable to make a visa application, or meet the Schedule 2 criteria, for the same subclass of visa they hold or last held; or a temporary visa of any other subclass other than a Subclass 408 visa. Effectively, this requirement means that a 408 visa is the visa of last resort for anyone who cannot leave Australia and cannot meet the requirements for any other visa.

Current advice from the Department of Home Affairs (Home Affairs) also states that a 408 visa may be appropriate for any temporary visa holders working in these sectors. This includes:

• Subclass 500 – Student visa holders and employer sponsored
• Subclass 457 – Temporary Work (Skilled) visa and
• Subclass 482 – Temporary Skill Shortage visa holders.
• Seasonal workers holding 403 visas with a visa condition 8503 – No Further Stay attached will have this condition automatically waived.

The visa application charge is nil. Many temporary visa holders will, however, want to consider what visa they will be eligible for other than a 408 visa as this may affect their rights to apply for a better visa in the future. Examples include the visa necessary to hold or have recently held for a Subclass 485 – Temporary Graduate visa, or a Subclass 186 – Employer Nomination Scheme visa under the Temporary Residence Transition stream.

TASMANIA PROVING FINANCIAL SUPPORT TO TEMPORARY VISA HOLDERS IN FINANCIAL HARDSHIP:  The Premier of Tasmania state declared this week that the state will be providing up to $3 million provision to the appraised 26,000 temporary visa holders in the Apple Isle if they have financial hardship.

The State Tasmania was one of the first states to successfully shut its borders to the rest of the world, excepting non-essential travellers from entering, with other states subsequent suit. This degree to protect its own people turned out to help contain a coronavirus outbreak a couple of weeks ago.

In gratitude of the input temporary visa holders play in supporting the Tasmanian economy, the government will extend their Pandemic Isolation Assistance Grants to overseas nationals should they be in financial hardship. If they succeed, they will receive $250 per individual or up to $1000 per family. They cite low income international tourists as an example.

This slightly runs security to the policies of the Federal Government who have encouraged any overseas national, particularly international visitors, who cannot support themselves in Australia to depart as soon as applied.

The Federal Government definite against financially assisting temporary visa holders except for New Zealand citizens in Australia who hold a Subclass 444 – Special Category visa. 

They have instead focussed on assisting industries in critical sectors to keep overseas nationals in Australia working by creating a pathway for those whose visas are expiring and cannot meet any other visa criteria to apply for a Subclass 408 – Temporary Activity visa under the Australian Government endorsed event stream, and allowing supermarket and aged care businesses, and organisations that employ nurses to register so their existing international student employees can work in excess of 40 hours per fortnight should this condition apply.

They have also relaxed their policies to allow employer sponsored temporary workers to work part-time as otherwise this would be in breach of their sponsor obligations.

While other measures may indirectly benefit temporary visa holders in Australia such as business tax breaks, Tasmania is likely the first state to directly provide financial assistance to temporary visa holders.

For further information on the State Nomination updates and on finding eligibility towards Residence visa applicatio, please contact us by email at:  neville@bilimoriaassociate.com or call us +91 44 28227222 / 28239229 / 43508191 to guide you and your family for Immigration application to Australia.

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