The Department of Home Affairs has included the COVID-19 pandemic event in the Australian Government endorsed event under the 408 Temporary Activity visa by virtue of a legislative instrument on 3 April 2020 which relates to persons who are:

• in Australia; and
• unable to depart Australia as a result of the COVID-19 pandemic; and
• either

- the holder of a temporary visa that is 28 days or less from ceasing to be in effect; or
​- was the holder of a temporary visa that ceased to be in effect not more than 28 days before the application for the 408 visa; and

• unable to make a valid application, or meet the relevant visa application criteria for a visa of the same subclass or other temporary visas

​
The Department in its explanatory statement explained that the purpose of this new event is to implement a measure to respond to critical workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health.
 
It is designed to allow temporary visa holders 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 above.
 
Please contact us for further information/advice if you think you might be eligible to apply for the 408 visa.

1. Working holiday makers ​

• visa holders who are supporting critical sectors such as health, aged and disability care, agriculture and food processing, and childcare will be exempt from the 6-month work limitation with one employer and are eligible for a further visa to keep working in those critical sectors if their current visa expires in the next 6 months 

2. New Zealanders on 444 visas

• who arrived in Australia before 26 February 2001 will have access to welfare payments and the JobKeeper payment
• who arrived in Australia after 26 February 2001 will have access to the JobKeeper payment, and those who have lived in Australia for 10 years or more, have access to JobSeeker payments for 6 months
• who cannot support themselves through the above provisions, work or family support, should consider returning to New Zealand

3. Temporary graduate visa holders

• can access superannuation if needed for support

4. Visitor visa holders 

• unless eligible for other visa types, and/or cannot support themselves financially or through family support, should consider returning home ​

5. Student visa holders 

• who have been in Australia for minimum 12 months can access superannuation if needed for support

 
If you have any queries regarding the above or otherwise, please contact us for further advice.
.
​#globalmobility #nfworkforcemobility

The Department of Home Affairs has on the weekend announced concessions relevant to visa holders currently in Australia as follows:
 
Visa holders stood down

• may maintain their visa validity
• may extend their visa subject to the sponsoring employer being willing to do so
• may work reduced hours without the risk of breaching visa conditions; may take leave without pay or part-time work
• may access to up to $10,000 in superannuation for this financial year

Visa holders laid off

• may seek a new sponsor

• if they cannot find a new sponsor, the government is urging visa holders to leave Australia subject to their visa conditions

• if 4-year 457/TSS visa holders (in the medium-term stream) can be re-employed after the coronavirus pandemic, their time already spent in Australia will count towards the skilled work experience for permanent residence

If you have any queries, or require any advice, please contact us.
.
​#globalmobility #nfworkforcemobility

Effective from 12pm on 25 March 2020, in order to protect the health of the Australian citizens and permanent residents, they are precluded from travelling outside Australia unless they fall within the exemptions referred to below. 
 
Exemptions 

1. a person ordinarily resident in a country other than Australia
2. a person who is a member of the crew of an aircraft or vessel (other than the outgoing aircraft or vessel) or is a worker associated with the safety or maintenance of an aircraft or vessel (other than the outgoing aircraft or vessel)
3. a person engaged in the day-to-day conduct of inbound and outbound freight
4. a person whose travel is associated with essential work at an offshore facility
5. a person who is travelling on official government business (including a member of the Australian Defence Force)
6. a person who is granted an exemption by an Australian Public Service employee in the Australian Border Force in exceptional circumstances

 
Criminal offence
An Australian who fails to comply with the travel ban may commit a criminal offence and be:

• imprisoned for a maximum of 5 years; or
• fined $63,000

We strongly recommend that businesses ensure that their Australian employees do not travel outside Australia until the travel ban is lifted.

​If you believe an exemption applies to your Australian employee, please contact us for advice and confirmation.

Current travel ban
From 9pm 20 March 2020, only Australian citizens and permanent residents, New Zealand citizens who are usual residents in Australia and their immediate family members CAN travel to Australia.
 
Temporary visa holders in Australia
Under the current immigration policy:

• 457/TSS visa holders can work remotely if their employment contracts allow them to do so
• part-time work is not allowed at this stage but this might change subject to the Department’s change in policy
• leave without pay is acceptable for up to 3 months unless the sponsor is obliged to provide the leave under Australian workplace laws  – we are awaiting a response from the Department on potential extensions and /or concessions 

Nevertheless, onshore temporary visa holders need to apply for another temporary or permanent visa if they wish to extend their stay in Australia.
 
Employers should be aware that there are other options available to their sponsored 457/TSS employees to remain in Australia and gain permanent residency subject to eligibility:

• TSS visa (renewal)
• 494 regional provisional visa
• Global Talent Employer Sponsored program
• Global Talent Independent program
• 189 Independent/190 State Nominated skilled visas
• 820/801 partner visa if their spouse/de-facto partner is Australian

 
Temporary visa holders outside Australia
Any temporary visa holder (including 457/TSS visa holder) who is currently outside Australia will not be permitted to enter into Australia, UNLESS:

• the visa holder is the spouse of an Australian citizen/permanent resident or New Zealand citizen who is a usual resident in Australia
• the visa holder is travelling at the invitation of the Australian Commonwealth government for the purpose of assisting in the COVID-19 response or the entry would be in the national interest
• the visa holder is in critical medical services, including air ambulance and delivery of supplies that regularly arrive into Australia from international ports
• the visa holder has critical skills (for example, medical specialists, engineers, marine pilots and crew) by exception
• the visa holder has humanitarian or compassionate reasons which are assessed on a case-by-case basis

Please contact us for a merits and eligibility assessment in relation to your visa holders currently insider or outside Australia.
 
We can also advise you on updated travel ban or restrictions, and on compliance issues such as sponsor obligations under the COVID-19 situation and other associated matters.