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Covid-19 Pandemic Visa
Finally, there is a little bit of relief and good news for temporary Visa holders caught with expiring visas. The DHA has opened up a new visa opportunity, which is aimed at assisting those whose visas are expiring in the next 28 days, and who cannot apply for another visa of the type that they currently hold.
A good example of this would be someone who has exhausted the opportunity to apply for a new Working Holiday Visa, or who cannot apply for a new student visa because they have e.g. completed their course or do not intend to study further.
It is also aimed at keeping people here who can help with the pandemic relief effort in areas such as health and agriculture, and any other industry deemed “essential” (more about this below).
What is the visa called?
It is called, “The COVID-19 Pandemic event for Subclass 408 (temporary activity) Visa”, but we’ll call it the COVID -19 Pandemic Visa or simply the CV19 Visa.
The CV19 is a special new visa option contained within the Subclass 408 (temporary activity) Visa “family”.
Subclass 408 visas are visas for “temporary activities” including for example superyacht crew activities, domestic workers employment, research, government-endorsed event participants etc.
Within the Subclass, there is provision for developments of new visa subtypes such as this new one, to allow for unprecedented or unexpected events, such as the pandemic that we are currently experiencing.
Essentially, what the government has done, is to create a “government-endorsed event” under the Subclass 408 visa requirements. The government-endorsed event is the Coronavirus pandemic, and this event allows temporary visa holders who meet the criteria laid down by the legislation, to apply for the Subclass 408 – CV19 Stream Visa.
What will the new visa do for me?
The new visa option provides a pathway for temporary visa holders to lawfully remain in Australia, and who would otherwise be required to leave Australia but for the Coronavirus pandemic – and are also unable to leave Australia.
It allows holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to the supply of essential goods and services.
What requirements do I need to meet?
There are specific requirements for this visa option which are:
- You must hold a visa that is 28 days or less from its expiry date or,
- Have held a visa that is no more than 28 days from ceasing to be in effect.
- You are unable to apply the same temporary visa that you hold or have held, or any other temporary visa other than the Subclass 408 visa.
- You must be part of the response to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health.
- You must have substantially complied with the conditions of your last visa.
- You must have health insurance.
- You cannot perform as an entertainer (weird I know, but it’s there in the criteria!)
What are “workforce shortages?
You will find the government’s complete list of non-essential services here – which, by logical deduction do not have workforce shortages because they are shut down – unless they have met one of the exceptions, such a providing take away services if a restaurant or cafe.
There does not appear to be a published list of “essential services” or areas of “work shortages” although agriculture, public health and aged care are listed in the “explanatory statement” accompanying the relevant new legislation – which clearly states that relevant work shortage areas “are not limited to” the occupational groups listed.
Much has been said in the press/online about supermarket and health care workforce shortages, and we’re guessing that construction would be included too, as it’s continuation is so vital to the economic recovery.
One of our large franchise clients who operates convenience stores told us this week that some stores are crazy busy and they can’t find staff, and some are not busy at all – which makes us think that even within some industries there will be shortages in some geographical areas and not in others.
We will update this article when further information about “workforce shortages” comes to hand.
How much does the CV19 Visa cost?
The cost of the visa is nil ($0.00).
Please note also that the Subsequent Temporary Application charge or $700 DOES NOT apply to this visa application.
It is therefore free of any government charges
Can I add my partner to a visa application of this type?
Yes, but you will have to provide evidence that you are in a de facto relationship for at least six months.
Will I have work rights?
You will have work rights if you are employed in the essential areas which the government has listed and which you will find here. We have also listed some of these areas above.
Need help?
Of course we are ready and able to assist you your Subclass 408, CV19 Stream application, with a nominal professional fee, which will give you peace of mind that your application is professionally and accurately prepared.
Our Team at AHWC Immigration Law has alos set up the following facilities to assist you at this time.
These are:
- Our helpful Facebook group, which you will find here.
- The Resource Centre page on our website, which contains helpful links and articles. You will find it here.
- And finally, we have Consultations via telephone or Zoom, which you can book here.
Stay Safe!
