Subclass 408 Temporary Activity Visa

John Kim · 01 May 2020

The Australian Government has announced the new temporary activity visa under subclass 408 in a bid to support public health professionals in the face of the COVID-19 situations.

Now officially created under the Temporary Activity visa stream, the new subclass 408 Australian Government Endorsed Event (AGEE) visa (hereinafter “COVID-19 Pandemic Visa”) has been implemented as an interim measure for the purpose of responding to the unprecedented circumstances which Australia is facing now, caused by the pandemic of COVID-19. As such, given its temporary nature, this visa will be frequently reviewed, revised and ultimately be abolished once the pandemic is controlled.

Eligibility

To be eligible for this visa, you must meet the following criteria:

currently residing in Australia
unable to depart Australia due to COVID-19 border shutdowns
current visa is to expire within 28 days or last temporary visa expired less than 28 days ago
no other visas available in the given circumstances
employed in a critical industry sector and your employer is able to provide evidence that it is difficult to replace your role with another permanent resident or citizen.

Critical sectors

If you are currently holding a working holiday visa;

working in industries such as agriculture, food production, processing and distribution, and aged, child and disability care; and
unable to return to your home country or ineligible for other visas,

then, you are eligible to apply for the COVID-19 Pandemic visa.

A Seasonal Worker Programme visa holder whose visa is set to expire within the next 28 days is also eligible to apply for the COVID-19 Pandemic visa.

Similarly, so long as the visa holder is employed in the above critical sectors, anyone whose visa is temporary, has no other option to extend and cannot return to their home countries can apply for the COVID-19 Pandemic visa. In this case, you will be required to provide evidence of your employment together with the application form.

Last Resort

Even if you are a temporary visa holder staying in Australia but not working in the critical sectors, you may be eligible to apply for the COVID-19 Pandemic visa on the basis that you are unable to return to your home country. Once the visa is granted, you will be lawfully allowed to stay in Australia until you can return to your home country safely.

If you are currently on a bridging visa and your original visa application has been rejected, then you will not be eligible for this visa.

For more information, please follow this link.

Key Contacts

John Kim

Partner

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