4 April 2020
In early April the Federal Government announced plans to introduce a new visa stream to enable temporary residents to remain during the Covid-19 pandemic and work in critical areas of the economy.
The visa will only be available in limited circumstances, including where no alternative visa is available to perform the intended activities (if working in a critical sector), the current visa is about to expire, or the person is unable to leave Australia.
The visa has two purposes:
- to provide those who are working in Australia in a critical sector the ability to remain in Australia; and
- to provide a short term visa to remain in Australia to those who are unable to obtain another visa or return home due to the coronavirus.
Critical sectors are defined as agriculture, food processing, health, aged and disability care, or childcare. These critical areas may change over time and Home Affairs may add or remove sectors based on need.
Eligibility
- Have less than 28 days remaining on your current visa or your last substantive visa must have expired less than 28 days ago.
- Demonstrate that there is no other visa available for you to complete your intended activity
- Have and maintain adequate healthcare during your stay in Australia
- If subject to Condition 8503, 8534 or 8535, you must obtain a waiver prior to applying unless you are a Seasonal Worker Programme visa holder
- Working Holiday and Work and Holiday Visa holders can access the 408 AGEE COVID-19 pandemic visa to continue to work if engaged in a critical sector. These visas will be granted for a maximum of 12 months. Evidence of employment must be provided.
- Seasonal Worker Programme visa holders will be granted a 408 AGEE COVID-19 visa to continue work. These visas will be granted for a maximum of 12 months. The Department will automatically waive the ‘No Further Stay’ Condition 8503 attached to the current visa. Evidence of employment must be provided.
- Other temporary visa holders may be granted the 408 AGEE COVID-19 visa where they have no other visa options. The requirement the applicant ‘not be eligible for any other visa option’ is likely to be interpreted broadly – meaning that if a person is eligible to apply for an Onshore Visitor visa they will be ineligible for the 408 AGEE COVID-19 visa.
Those who are not working in a critical sector will be granted a visa without work rights.