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.

The Department of Home Affairs released on 16 November 2019 two regional visas, namely 494 Skilled Employer Sponsored Regional (Provisional) visa (494 visa) and 491 Skilled Work Regional (Provisional) visa (491 visa). Today we will focus on the 494 visa.
 
In summary
494 visa is temporary visa that can be granted for up to 5 years, it is similar to 457/TSS visa and the primary difference between 494 visa and 457/TSS visa is that 494 visa requires the visa applicant to work in Regional Australia (everywhere other than Sydney, Melbourne and Brisbane).
 
The visa is designed to respond to labour market shortages in regional Australia.
It enables employers to recruit skilled overseas workers who are willing to live and work in regional Australia on an ongoing basis. This visa can only be used if the employer is genuinely unable to source appropriately skilled Australian workers.
 
Application process

1. Sponsorship – where the employer applies for approval as a standard business sponsor (SBS) or seeks to enter into a labour agreement with the Commonwealth. The SBS is the same class of sponsor as used for the 457/TSS visa program. Australian businesses that are already approved as SBSs do not need to apply again.
2. Nomination – where the employer nominates an occupation for the nominee.
3. Visa – where the nominee identified in the nomination application applies for the visa.

 
Visa streams

• Employer Sponsored stream
• Labour Agreement stream

 
Nomination requirement
The employer must:

1. be a standard business sponsor (same as the one for 457/TSS visas)
2. be located in a designated regional Australia (everywhere except Sydney, Melbourne and Brisbane)
3. pay SAF levy at the time of nomination application
4. pay the nominee annual market salary rate (AMSR) and a regional certifying body from the relevant State or Territory must assess the AMSR for the nominated position and provide advice

Position must:

1. be on the eligible occupation list
2. be genuine
3. be advertised by the employer conducting labour market testing

 
Visa requirement
The visa applicant must:

1. be under 45 years of age unless exempted
2. have competent English
3. have suitable skills assessment unless exempted
4. have at least 3 years of relevant work experience
5. meet health and character requirement

 
Restrictions (Visa conditions)

• 8608 (mandatory) - must only work in the approved nominated occupation in the application.
• 8578 (mandatory) - must notify the Department of any changes on address, email address, phone number, passport.
• 8579 (mandatory) - must live, work and study in a designated regional area.
• 8580 (mandatory) - must provide evidence of details if requested by the Minister in writing within 28 days after the date of request.
• 8581 (mandatory) - must attend an interview if requested by the Minister in writing.
• 8504 (mandatory) – for visa holders who are outside Australia at time of grant, to make their first entry to Australia on a date that is set at 12 months from the date of visa grant.
• 8515 (discretionary) – for secondary visa holders – must not marry or enter into de facto relationship.

Pathway to PR
 
Yes, and available from 16 November 2022 after working for the employer for 3 years.
 
Benefits of new visas

• Priority processing of regional applications
• Lower cost to employers with only one SAF levy stage for the 494 nomination (compared to the two stages for the current TSS to 186 permanent resident pathway)
• Incentives for migrants to stay in regional areas longer term as they build ties through workforce and community participation
• Can apply for permanent residence without a second nomination stage, if eligible, through the subclass 191 visa from 16 November 2022
• Broader range of occupations available than non-regional pathways
• Expanded and consistent classification of regional areas

 
Please contact us today for further advice and assistance.