408 Visa – The ‘Last Resort’ Visa. How the Subclass 408 Visa Could Keep You in Australia


… The Temporary Activity (subclass 408) visa was designed by the Department as a measure of last resort for those temporary residents currently stranded in Australia due to the travel restrictions imposed by the Australian Government in response to the pandemic.

In solution to this problem, the Department introduced a new sub stream under the subclass 408 visa in which ‘Covid-19 Pandemic’ was added to the Australian Government Endorsed Events to permit the extended stay of temporary visas holders in Australia until the outbreak has subsided. The 408 visa contains a variety of sub-categories in which applicants may perform specific types of work on a short-term and temporary basis, including Australian Government Endorsed Events, under which Covid-19 Pandemic is attached.

To be eligible for the 408 visa Covid-19 Pandemic sub stream, the applicant is:

  1. in Australia at the time of application; and
  2. unable to depart Australia due to the Covid-19 Pandemic; and
  3. either:
    1. the holder of a temporary visa that is 28 days or less from expiring; or
    2. the holder of a temporary visa that expired no more than 28 days before making an application for a subclass 408 visa; and
  4. unable to make a valid application or meet the criteria for:
  5. the same subclass of visa they currently hold; or
  6. a temporary visa of any other subclass other than a subclass 408 visa


The most important yet imprecise requirement of the 408 visa is the necessity for applicants to be employed in critical sectors including agriculture, health care, disability and aged care and childcare. There is currently no official occupation list available to determine the eligibility of specific positions and the definition of critical sector is not limited to the examples provided above. It may prove sufficient if you can demonstrate that your work directly contributes to the provision of essential goods and services, however, there is a subjective element to this assessment and one for which a registered migration agent could provide valuable assistance.

To be granted the 408 visa, applicants must also meet the health and character requirements, hold adequate health insurance for the duration of their stay, evidence their ability to financially support themselves and any dependents and establish that they are a genuine temporary entrant.

In summary, you may be eligible for the 408 visa if you are in Australia and unable to depart, have no other visa options and currently work in a critical sector or contribute to the provision of essential goods and services.

If you believe that you meet the above criteria, or your visa has or is about to expire, please contact No Borders Migration Agency and speak with an experienced migration agent.  

Book a free consultation today and let us help you find a way forward.