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Immigration Lawyers Melbourne

Temporary Activity VISA 408 & COVID-19 (Coronavirus)

immigration lawyers temporary activity visa 408 covid 19 coronavirus

Dear clients,

On 4th April 2020, the Department  advised that certain temporary visa holders in Australia would be able to apply for a Temporary Activity (subclass 408) Visa in the ‘Australian Government endorsed events’ (AGEE) stream as a result of changes proposed in the wake of COVID-19 Pandemic.

You will note that the pandemic is specified as an ‘Australian Government endorsed event’ in the instrument specifying details for Temporary Activity Visa 408.[

The criteria for Temporary Activity Visa 408 are basically that the applicant is:

(a) In Australia;

(b) Unable to depart from Australia as a result of the COVID-19 pandemic;

(c) Either:

(i) the holder of a temporary visa that is 28 days or less from ceasing to be in effect; or

(ii) was the holder of a temporary visa that ceased to be in effect not more than 28 days before    the application for a Subclass 408 Visa is made; and

(d) Unable to make a valid application, or meet the Schedule 2 criteria, for:

(i) a visa of the same Subclass 408 as the visa mentioned in paragraph (c); or

(ii) a temporary visa of any other Subclass other than a Subclass 408 Visa.

The visa application charge is nil.

Temporary Activity VISA subclass 408

This would greatly assist Working Holiday Visa holders who have not completed the work experience required to get a second or third Subclass 417 Visa, and it is further applicable to:

–  Those already in Australia with the Seasonal Worker Program whose visas are expiring; and

–  Holders of other Temporary Work Visas / TSS 482 Visa /457 Visa currently employed in critical sectors.

Critical Sectors under Temporary Activity VISA (subclass 408)

As it is a criteria for the grant of a subclass 408 Visa in the ‘Australian Government endorsed events’ stream, that you are going to “undertake work directly associated with an event”, the applicant must work in what is being called a “critical sector”, though this is not defined in the legislative instrument. The Department’s website lists “critical sectors” as including healthcare, disability and aged care, childcare and agriculture. Again, you must be in Australia to be granted the COVID-19 Pandemic Event Visa.

The Explanatory Statement for the instrument specifies the migration regulations and eligibility criteria , and further states:

“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 supply of essential goods and services, provided the applicant falls within the class of persons specified by the instrument.”

Book a consultation today at Erskine Rodan & Associates to discuss your visa options available during COVID-19 from the competent Immigration Lawyers in Melbourne. CALL +61 3 9329 8744

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