Recent introduction of subclass 408 temporary visa to remain in Australia during COVID-19

The Subclass 408 visa is a temporary activity visa that allows applicants to work in Australia or to participate in projects and activities on a temporary basis.

 

For example, scholars and postgraduate students may visit academic institutions to observe or participate in research projects (visiting scholars); entertainers engage in entertainment performances; participate in high-level sports competitions or sports training programs; etc. To be eligible for the 408 visa, the applicant must have the skills to undertake the activity to be carried out in Australia, be supported or sponsored and meet additional requirements of the relevant stream.

 

There are ten activity types under the Subclass 408 visa as follows.

  • Invited Participant in an Event

  • Sport

  • Religious Worker

  • Domestic Worker

  • Superyacht Crew

  • Research

  • Staff Exchange

  • Special Programs

  • Entertainment

  • Australian Government Endorsed Event

 

New legislative instrument of 3rd April 2020 specifies and includes the event of COVID-19 Pandemic as a new visa application pathway temporarily introduced in response to the outbreak under the Australian Government endorsed events stream - 408 temporary event visa.

 

For certain temporary visa holders who have been affected by the epidemic and the ban and are unable to leave Australia, there is now an opportunity to apply for this visa.

 

Who Can Apply for the Subclass 408 Visa

 According to the latest regulations, the COVID-19 pandemic event visa is only available to applicants who:

  • remain in Australia if you have no other visa options and are unable to depart Australia due to COVID-19 travel restrictions; and

  • be a holder of visa about to expire in 28 days or you had held a visa in the past in the last 28 days before the application; and

  • you are unable to make a valid visa application or meet visa grant requirements for any other visas in Australia.

  • remain in Australia to assist in critical sectors including healthcare, disability and aged care, childcare and agriculture during the COVID-19 pandemic.

 

Which Industry is the Subclass 408 Temporary Activity Visa For

The purpose of the instrument is also to implement a measure to respond to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health. The instrument is designed to allow holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to the supply of essential goods and services, provided the applicant falls within the class of persons specified by the instrument.

 

Although there is no clear direct confirmation on the areas of the sectors that the applicant must be in, in order to apply for the current stream, the visa is intended to assist workers in critical sectors including healthcare, disability and aged care, childcare and agriculture during the COVID-19 pandemic.

 

Applicants do not need to obtain written approval to apply for the COVID-19 Pandemic Event Visa

The applicant must perform work related to the COVID-19 event.

Subclass 408 Visa Provisions

It is important to note here that the holder must also perform the required work after being granted the visa, which is also required by the terms of the visa.

408 visas are usually accompanied by the 8107 Work Limitation clause.

  • The holder must work for a specific employer or perform a specific job.

  • One can neither stop working for an employer nor change employers, occupations or positions.

  • Must engage in the activities permitted by the visa and must not engage in other activities or carry out such activities for themselves/others.

  • If it is mandatory to have a license, registration or membership to do a certain job, then the requirements must also be met.

 

These visas are intended by the Australian Government to help Australia weather the epidemic and cushion its economic impact. The visa is also at risk of being canceled if you stop working once you get it, or if you switch to a job in another industry.

 

How long is the Subclass 408 Visa Valid?

This COVID-19 outbreak is unprecedented and does not have a fixed start and end. According to repeated statements by the Australian government, the effects of the new epidemic may last for at least six months, therefore it may be reasonably expected that the visa grant to last at least that long.

Note that this visa cannot be renewed and will need to be reapplied for to remain in Australia before expiry.

 

How Can Agape Henry Crux Help You

Our firm has created a Special Coronavirus (COVID-19) Taskforce to help our clients battle through and find solutions during this Pandemic. Our team is equipped and trained to advise you on across a wide range of issues you may be encountering.  Please contact us on 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter.

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