What is a 408 Visa?
A Subclass 408 Temporary Activity Visa enables applicants to perform specific types of work in an approved special program on a short-term and temporary basis in Australia. Eligible family members may also be included in the application with the primary applicant.
There are several activity types that may qualify under this visa program, including a new Australian Government Endorsed Event (AGEE) which was recently introduced in response to COVID-19, after it was declared a pandemic by the World Health Organization on 11 March 2020. This provides a pathway for certain former and current holders of temporary visas to lawfully remain in Australia, who would otherwise be required to leave Australia but due to the COVID-19 pandemic, are unable to depart.
The addition of the COVID-19 pandemic as an approved activity under this visa program also aims to respond to workforce shortages in critical areas including agriculture, aged care and public health during the pandemic. It enables holders of temporary visas who are engaged in, or who have the relevant skills to undertake, critical work relating to the supply of essential goods and services, to be eligible.
Australian Government Endorsed Event (AGEE)
To qualify under this activity category, the relevant major Australian event must be legislated by the Minister. As a result of the recent change to the Regulations, the COVID-19 pandemic has been specified as an AGEE for this purpose.
Only eligible classes of persons may apply for this visa. To qualify under the COVID-19 visa stream as an ‘eligible class of person,’ the applicant must meet the following key criteria:
- Be in Australia and be unable to depart as a result of the COVID-19 pandemic; and
- Either currently hold a substantive temporary visa that is 28 days or less from ceasing to be in effect; or have held a temporary visa that ceased to be in effect no more than 28 days before the application for a Subclass 408 visa is made; and
- Be unable to validly apply, or meet visa grant criteria for, the same temporary visa noted above, or for any other substantive temporary visa subclass, other than the Subclass 408 visa; or
- Be in Australia and be unable to depart as a result of the COVID-19 pandemic; and
- Either currently hold a substantive temporary visa which has a condition attached prohibiting the holder from working in Australia, or was the holder of a substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and
- in receipt of an offer of employment from an approved provider or a service provider of a Commonwealth-funded aged care service to undertake work in the aged care sector.
The applicant must also seek to remain in Australia to undertake work directly associated with the COVID-19 pandemic. This is designed to cover holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services. This includes, but is not limited to, agriculture, aged care and public health.
The visa application charge for this new visa stream is nil.
There is no requirement for a person or organisation to pass the sponsorship test or pass the support test in relation to the applicant under this stream (which applies to certain other activities that are eligible under this program).
What are the requirements to qualify for a Subclass 408 visa under the COVID-19 stream?
The applicant must meet the following key requirements to qualify under this visa stream:
- Not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents;
- Have adequate arrangements for health insurance during the period of their intended stay in Australia;
- Genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
- whether the applicant has complied substantially with the conditions to which their last substantive visa, or any subsequent bridging visa (where applicable) was subject;
- whether the applicant intends to comply with the conditions to which the Subclass 408 visa would be subject; and
- any other relevant matter;
- Have adequate means to support themselves (or have access to adequate support) during their intended stay in Australia;
- Public Interest Criteria (PIC), including health and character;
- Special Return Criteria (SRC); and
- Have a good immigration record.
How do you apply for a Subclass 408 visa under the COVID-19 stream?
The application must be lodged online (except in certain prescribed circumstances where a paper form is permitted). Applicants must be located onshore at the time of application lodgement.
What is the visa period for a subclass 408 visa under the COVID-19 stream?
The grant period is based on the duration of the activities proposed in the visa application, up to the maximum period of stay allowed. The maximum stay period that can be granted is four years under this visa stream. A secondary applicant’s visa term will be the same as for the primary applicant and will end on the same day as the primary applicant’s visa ends.
The government is yet to clarify how long they will grant the 408 visas for.
Among the visa conditions to which a subclass 408 visa holder is subject, is condition 8107, which states that the holder must not:
- cease to be employed by the employer in relation to which the visa was granted;
- work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
- engage in work for another person or on the visa holder’s own account whilst undertaking the employment in relation to which the visa was granted.
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The Department of Home Affairs has also released further information and Frequently Asked Questions on the new Subclass 408 visa, which you can access here.
