COVID-19 Pandemic Visa Application Form – Pages 12-14

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We have received a lot of questions regarding the new COVID-19 Pandemic visa in Australia. Whilst we have endeavoured to answer most of your questions in our Facebook group, we are seeing a recurring pattern of confusion around the pandemic visa application form, particularly pages 12 and 14. In order to help you during this time, we have answered your most pressing issues below.

 

Subclass 408 Visa – What is it?

The Australian government has released a new stream of the Subclass 408 Visa in response to the current COVID-19 pandemic and the visa restrictions placed on many migrants. This visa is free and is a temporary visa in order to:

1. help critical industries who are understaffed and could use sufficiently skilled workers; or
2. to ensure that others do not subsequently become unlawful should they have no other visa options and are unable to leave Australia.

To check if you meet the criteria, we have page on the COVID-19 pandemic visa eligibility here.

 

COVID-19 Pandemic Visa – Page 12-14

We have obtained clarification from the Department of Home Affairs relating to the Australian organisation details on Page 12 to Page 14.

If you are not currently employed or will not be seeking work in Australia as the holder of the COVID-19 Pandemic visa and you do not meet the requirements for any other visa, you can continue to lodge the application by submitting the following information on page 12 – 14 of the online form:

 

Page 12

Australian Organisation

Legal Registered Name: Unknown

Industry Type: select the industry most applicable to the work you intend to undertake in Australia (or whatever your usual industry is)

Registration identifier

Business Registration type: select Certificate of Incorporation

Business Registration ID: enter your phone number

Office address and person contact details: enter your own details here

Position: enter ‘self’

 

Page 14

Activity

Position details: select the options most appropriate to your circumstances.

Note: If you are not intending to work while on this visa select

Occupation Grouping as ‘other’ and

ANZSCO as ‘occupation unknown’

Duties/activities: Provide further details of your circumstances

 

By entering this information, the online form should allow you to proceed to lodgement.

 

Will I get work rights?

The short answer is that you may get full work rights, however this will depend on your circumstances.

Currently, Schedule 2 of the 408 visa allows for specific visa conditions to be attached, one of which is Condition 8107.

Condition 8107 has the following relevant restrictions:

• If the visa was granted to enable employment:
• • You must not cease to be employed by your employer in relation to which the visa was granted; or
  • You must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
  • You must not engage in work for another person or for yourself while undertaking the employment in relation to which the visa was granted
• If the visa was not granted to enable employment
  • You must not cease to undertake the activity in relation to which the visa was granted; or
  • You must not engage in an activity inconsistent with the activity in relation to which the visa was granted; or
  • You must not engage in work for another person or for yourself if it is inconsistent with the activity in relation to which the visa was granted

Our reading of Condition 8107 leads us to the following conclusions:

• For visa applicants who receive a 408 visa and have indicated they will be employed in an essential service, you should receive full work rights in the occupation stated in the application form (e.g. Nurse)
• For visa applicants who receive a 408 visa because they do not have any other visa options, you might not receive work rights. If any work is undertaken, you may be in breach of Condition 8107 as the reason the 408 visa was granted was to permit you to remain in Australia due to a lack of other visa pathways.

We expect more information to become available over the next week or so, please watch this space.

In the meantime, if you are worried about your eligibility or confused about your future in Australia, please book a consultation to speak with an experienced migration agent or lawyer who can help to clarify your situation!

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