Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022, dated 11 March 2022, expands the kind of work an applicant can be doing, or have an offer to do, to be eligible for grant of a Subclass 408 visa by removing the limitation to work in key sectors and provides a nil visa application charge amount, for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations for applicants in a class of persons specified in the instrument.
The instrument repeals the Migration (LIN 20/229: COVID- 19 Pandemic event for Subclass 408 (Temporary Activity) visa, which provided a pathway for substantive temporary visa holders in Australia to stay in Australia and work in key sectors of the economy (agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality) to support Australia during the COVID-19 pandemic. The new instrument removes the limitation to work in key sectors, to be eligible for grant of a Subclass 408 visa. It modifies the class of persons that are specified for paragraph 408.229(c) of Schedule 2 to the Migration Regulations 1994 (the Regulations), in relation to the COVID-19 pandemic (specified for this instrument as an ‘Australian Government endorsed event’ for paragraph 408.229(b) of Schedule 2 and subclause 9204(2) of Schedule 13 to the Regulations.
The instrument also repeals visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 and provides a nil visa application charge for the classes of person specified in this instrument for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations.
According to the new instrument, the following applicant falls within a specified class of persons for paragraph 408.229(c) of Schedule 2 and for subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations 1994 (the Regulations)
1. An applicant who, at the time of application:
a) is in Australia; and
b) is working, or in receipt of an offer to work, in Australia; and
c) either:
i. holds a relevant temporary visa with work rights that is 90 days or less from ceasing to be in effect; or
ii.held a relevant temporary visa with work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.
2. An applicant who, at the time of application:
a) last arrived in Australia before 21 February 2022; and
b) is in Australia; and
c) is working, or in receipt of an offer to work, in Australia; and
d) either:
i. holds a substantive temporary visa without work rights that is 90 days or less from ceasing to be in effect; or
ii. held a substantive temporary visa without work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.
3. An applicant who, at the time of application:
a) is in Australia; and
b) is employed by, or in receipt of an offer of employment from a Commonwealth funded aged care service; and
c) either:
i. holds a relevant temporary visa that is 90 days or less from ceasing to be in effect; or
ii. held a relevant temporary visa that ceased to be in effect not more than 28 days before the application
4. An applicant who, at the time of application:
a) is in Australia; and
b) either:
i. holds a Subclass 403 Seasonal Worker visa that is 90 days or less from ceasing to be in effect; or
ii. held a Subclass 403 Seasonal Worker visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and
c) is employed by, or in receipt of an offer of employment from, an approved employer under the Seasonal Worker Program.
The instrument is registered on the Federal Register of Legislation on 15 March 2022 and commenced on 16 March 2022. It is currently in force.
To access the instrument, click here.