Updates on covid-19, impact on employment and immigration and the Australian government's developing responses.

On Saturday 4 April 2020, the acting Minister for Immigration announced some changes to temporary visa arrangements which will be in operation during the COVID-19 crisis:

Update: Visa conditions and new visa available:

457/482 Visas remain valid 

457/482 visa holders who have been stood down (but not laid off) or had their hours reduced will not be in breach of their visa condition. Their visas will remain valid and sponsors will have the opportunity to extend their visa as per normal arrangements. This means that there is no requirement to notify the Department of Home Affairs (DOHA). It also means that even if they are not working for more than 60/90 consecutive days, they will not be in breach of their visa conditions.

However, 457/482 visa holders must only work for their sponsor and they must only perform the duties of their most recent approved nomination.

Those visa holders who have been laid off due to coronavirus should leave the country in line with existing visa conditions if they are unable to secure a new sponsor within the prescribed timeframe. However, should a 4-year visa holder be re-employed after the crisis, their time already spent in Australia will count towards their permanent residency skilled work experience requirements.

International students 

As more Australians are being recruited into supermarket roles, students working in supermarkets will have their working hours return to the maximum 40 hours a fortnight on 1 May 2020.

International students working in aged care and as nurses continue to have their hours extended to support these critical sectors.

The Government announced that DOHA will have a flexible approach in cases where the COVID-19 crisis has prevented international students from meeting their visa conditions (for instance, not being able to attend classes).

Working Holiday visa holders working in agriculture, health or aged care 

All Working Holiday visa holders working in agriculture, health or aged care will be able to extend their visa.

The 6 months’ limitation of working with one employer rule will not apply to them.

If they are moving into regional Australia, they will need to register with the Government’s website (Australia.gov.au) and self-isolate for 14 days in their current location.

Introduction of new subclass 408 visa to enable temporary visa holders to continue to stay in Australia 

As of 4 April 2020 a new visa subclass 408 has been created to deal with temporary visa holders whose visa has expired in the last or will expire within the next 28 days.

While temporary visa holders have been generally encouraged by the Australian Government to return to their own countries, exceptions allowing extended stay have now been created for certain temporary visa holders satisfying specific criteria.

   Criteria: 

• must hold a visa that is 28 days or less from ceasing to be in effect; or

• held a visa that is no more than 28 days from ceasing to be in effect;

     and 

• are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the subclass 408 visa;

• are be part of response to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health;

• are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services.

Travel bans 

Travel bans scheduled for visas to Australia continue, except for: 

• Spouse/de facto (309 and 820 visa holders) – with a need to prove relationship 

•  Legal guardians (definition available on DOHA’s website)

•  Child (101/102/445 visa holders)

•  New Zealander (444 visa holders) – need to prove residence in Australia 

Bridging visa B (BVB) holders who are caught offshore are not permitted to return to Australia unless they are immediate family members of an Australian/Permanent Resident. If their BVB expires while offshore, they will need to apply for a visitor visa when able to come back at the end of the crisis then to apply for a bridging visa A (BVA) once onshore.

Visa holders who are onshore, who cannot leave Australia and whose visa expires soon, and who cannot satisfy the criteria for the new subclass 408 visa, as explained above, are advised by DOHA to apply for a bridging visa E (BVE). If this is the only option (because they are already unlawful), they should indeed apply for a BVE but otherwise they should apply for visitor visa (subclass 600) and request afterwards a waiver of condition 8101 (no work whilst in Australia) imposed on the basis of financial hardship.

Update: Welfare payments and Medicare

457/482 and student visa holders will be able to access their superannuation but not Jobkeeper or Jobseeker payments 

457/482 visa holders will be able to withdraw up to $10,000 from their superannuation for this financial year.

Student visa holders who have been here longer than 12 months who find themselves in financial hardship will also be able to withdraw up to $10,000 from their superannuation for this financial year.

International students in their first 12 months are expected to support themselves given their visa application commitment that they had sufficient funds to support their stay in Australia.

Temporary resident visa holders, including working holiday visa holders will not have access to either of Jobkeeper or Jobseeker payments.

New Zealand citizens 

New Zealanders on a 444 visa and who arrived after 2001 will have access to the JobKeeper payments (not the JobSeeker payments). Those who have lived in Australia for 10 years or more also have access to JobSeeker payments for six months.

New Zealanders on SC 444 visas and who arrived before 26 February 2001 are eligible to access Australian welfare payments and the JobKeeper payments.

These are specific exemptions from other temporary visa holders who do not have access to JobSeeker or JobKeeper payments.

Access to Medicare 

There have been no changes to access to Medicare, so that no temporary visa holders will have access to Medicare other than by reciprocal arrangements between Australia and other governments. 

The coverage offered varies from agreement to agreement and the countries included are the United Kingdom, Sweden, the Netherlands, Finland, Norway, Malta, Italy, Belgium, the Republic of Ireland and New Zealand. 

You will find the summary of the press conference here and further information on the Department of Home Affairs’ website here. 

We remind you that the situation for visa holders and those seeking visas is evolving dynamically in response to the COVID-19 crisis. This means that the response of the Australian Government through regulation and policy is equally developing and is subject to rapid change.

We have been active as immigration lawyers since 1987 and subsequently also migration agents.

We remain able and pleased to assist visa holders and employers in these difficult times, as we have at all other times.

Our email for contact and further information is: info@hillmanlawyers.com.au

Website: https://www.hillmanlawyers.com.au/