The economic impact caused from the COVID-19 pandemic has created significant uncertainty for the jobs of many temporary visa holders of the 457, and the 482 subclasses as many Australian businesses have been forced to cease trading during this challenging period. There are, however, still plenty of opportunities for these visa holders to remain in Australia and seek alternative options to extend their stay in the country.
IMPORTANT CONSIDERATION FOR TEMPORARY WORK VISAS
If you are a 457 or a 482 visa holder and lost your job, you will be in breach of your visa conditions if you do not seek another sponsoring employer within 60 days of ceasing your employment. It is, therefore, vital for 457 or 482 visa holders who have recently been stood down or terminated from their job to seek alternative options and consider applying for other visas to ensure they remain lawfully in Australia.
ALTERNATIVE OPTIONS AVAILABLE FOR 457 & 482 VISA HOLDERS
FAMILY AND PARTNER VISAS
Applying for a partner visa entitles an applicant to Medicare so your healthcare should be covered. The Government has lifted the newly arrived residents waiting period for Austudy, JobSeeker Payment, Farm Household Allowance, Parenting Payment Single and Partnered and Special Benefit. The lifting of the waiting period is currently in effect. If you are the primary carer of a child, you may also be eligible for some payments. There may be possible access to government financial support. However, your circumstances may vary depending on your partner’s conditions, contact No Borders Migration for a free consultation to assess your eligibility, today.
Holding a 457 visa or 482 visa means you may also be eligible to apply for the permanent employer-sponsored (Subclass 186) visa. This visa allows workers nominated by their employer to live and work in Australia permanently and is an application for permanent residence in Australia. Depending on the duration of your employment with your current employer, you may be eligible for the temporary residence transition scheme, allowing those who have held a 457 or a 482 visa to apply for the 186 visa in the same (or closely related) position with the same employer. The second of the two 186 visa streams is the direct entry stream. This option enables applicants to apply directly for permanent residence with a nominating employer. However, a higher threshold will apply, and different criteria will need to be satisfied for applicants to be eligible under this stream.
457 and 482 visa holders should also note that certain factors must first be considered to ensure an applicant’s eligibility for the 186 visa. It is best to consult with a registered migration agent for assistance as considerations such as the specific occupation to determine your eligibility under this option. Work experience and qualifications must be taken into account as these may influence your ability to apply. A migration agent can also advise as to which stream is most applicable to your circumstances as making applying under the incorrect stream can be a costly and stressful exercise. Applicants for a 186 visa are further eligible to enrol in Medicare and access the benefits of the Australian healthcare system as an application for a 186 visa is an application for permanent residence in Australia.
DISTINGUISHED TALENT VISA
If you are internationally recognised in your field and have a record of exceptional and outstanding achievement in either a profession, the arts, sport, or research and academia, then you may qualify for a distinguished talent (subclass 858) visa. The 858 visa is for those who are still internationally prominent within their chosen area, would be an asset to the Australian community and can seek a nomination from an Australian peak body/nomination or an Australian citizen or Australian permanent resident. Applicants for this visa must evidence their reputation in their field and demonstrate that they would have no difficulty in obtaining employment in Australia. The 858 visa is an application for permanent residence and applicants will again be eligible to enrol in Medicare upon applying. If you believe that you may qualify for this visa, you should consult with a migration agent who can assist you in determining your eligibility.
Holders of other temporary work visas /457 visa/ TSS 482 visa currently hired in crucial sectors may be suitable for a Temporary Activity visa (Subclass 408 Australian Government Endorsed Event (AGEE) stream) visa. The COVID-19 Pandemic event visa is only available to people who are onshore and have 28 days or less remaining on their current visa or were their last substantive visa has expired up to 28 days previously. To be granted a 408 visa, you must also meet the health and character requirements, have adequate health insurance, be able to support yourself and any dependents and be a genuine temporary entrant. For more information, consult with a migration agent who can assist you in determining your eligibility.
Typically, an international student must not engage in work in Australia for more than 40 hours per fortnight, however, to meet the high demand for essential items during the pandemic, the Australian Government have announced that international students can extend their working hours.
TRAINING, TEMPORARY ACTIVITY AND SKILLED VISAS
Please contact No Borders Migration for a free consultation to assess your eligibility today.
The importance of obtaining help for your visa application from an experienced migrant agent can save you not only a lot of stress and time but also money. What applicants may not realise is that many of the required documents for visa applications come with an expiry date, and to avoid unnecessary costs in reorganising the same documents it is best to consult a migration to assist you with your timing.
If you require assistance, No Borders Migration professional legal team can assist you with your application. Please contact us on 07 3876 4000 or email at [email protected] or fill out a free consultation form.