NIL Visa Application Charge Class Added to COVID Event Subclass 408 Visa
By operation of Legislative Instrument 20/283 coming into effect on 6 January 2021, LIN 20/229 is amended by the insertion of two new subsections 8(3) and (4) for the purposes of Regulation 408.229(C) of Schedule 2 and Item 1237(2)(a)(i) of Schedule 1 to the Migration Regulations 1994. These amendments entitle certain visa applicants to a VAC waiver when applying for a Subclass 408 Visa.
What Does the New Subsections Entail for the Subclass 408 Visa?
The new subsection 8(3) provides that an applicant is eligible for a nil (zero) Visa Application Charge (VAC) if they are currently employed or in receipt of an offer of employment in aged care, agriculture, childcare, disability care, food processing or health care sector; and hold or held a substantive temporary visa with 90 days or less from the expiry date, or the visa expired no more than 28 days before making an application.
The new subsection 8(4) further provides that seasonal workers need not pay VAC provided that they work or in receipt of an employment offer under the Seasonal Worker Program; and hold or held a Subclass 403 (temporary Work (International Relations) Visa in the Seasonal Worker Program stream with 90 days or less before expiry date, or the visa ceased to be in effect not more than 28 days before application.
Moreover, the original subsection 8(2) of LIN 20/229 is amended to provide allowance for any applicant whose substantive temporary visa is 90 days or less from expiring to apply for a new Subclass 408 before their current visa expires.
Eligibility for the Benefits of the New Amendments for Subclass 408 Visa Applicants
To be eligible for the benefits of these new amendments, applicants must be in Australia, unable to apply for the same substantive temporary visa they currently hold or previously held, and unable to make an application for any other substantive temporary visa other than the Subclass 408.
Lastly, the new section 6A provides that LIN 20/283 applies to applications made on or after but not finally determined before the commencement of this instrument.
How Can Agape Henry Crux Help You
If you want to find out more about your eligibility or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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