COVID-19 Update on Travel Ban affecting sponsors and 457/TSS visa holders

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.