Options After The 408 COVID Pandemic Event Visa Closes

The Government recently announced the closure of the Subclass 408 Pandemic Event visa to all new applicants, as of 2 September 2023. If you currently hold a Pandemic Event visa, you may be wondering what options you have to stay in Australia once your visa expires.

In this article, we outline the changes that have been introduced to the Pandemic Event visa (including the COVID 408 visa ending and when will the COVID visa end) and how these changes impact current subclass 408 visa holders. We then explore the skilled and partner visa options, in particular, employer sponsored and employer nominated skilled visas, that you may like to consider to remain in Australia (whether that be temporarily initially, with a pathway to permanent residency, or immediate PR visa options). We also outline how you can use your time on your COVID visa (for example, work experience already accumulated as the holder of a Pandemic Visa as well as things you can do now going forward during the time you have remaining in Australia as the holder of a Pandemic Event Visa) to later qualify for another visa subclass, such as a Skilled or Partner visa.

We begin our discussion by taking a look at the changes to the Subclass 408 Pandemic Visa that have been recently announced by the Government.

Changes To The Subclass 408 COVID Visa

In a significant change recently announced by the Government, as of 2 September 2023, the 408 COVID visa is only open to applications from existing Pandemic Event visa holders. All other visa holders are ineligible for the Pandemic Event visa.

If you currently hold a Pandemic Event visa, you remain lawful in Australia until your Pandemic Event visa expires. You can also apply for a subsequent Pandemic Event visa until it is fully closed to all applicants as of 1 February 2024.

If you are granted a subsequent Pandemic Event visa, it will be issued for a period of six months. A Visa Application Charge (VAC) of $405 is payable at time of lodgement of the application. You are also liable to pay a Subsequent Temporary Application Charge of $700. A VAC is payable for each dependent family member.

When Will The COVID Visa End?

Importantly, commencing from February 2024, the Pandemic Event visa will be closed to all applicants.

Why Is The COVID 408 Visa Ending?

The Subclass 408 Pandemic visa was introduced as a temporary measure for temporary visa holders impacted by the COVID-19 travel restrictions during the pandemic. Now that Australia’s borders have reopened, the 408 COVID visa is no longer required. The Australian Government has announced the staged closure of the 408 COVID visa program, to allow current holders of this visa time to make plans for the end of their current visa.

So, what do these changes mean for current holders of a Pandemic Event visa?

What Do These Changes Mean For Existing Subclass 408 Pandemic Visa Holders?

If you currently hold a COVID-19 Pandemic Event visa, it will remain valid until it expires, or you are granted another visa.

You may be eligible to apply for a subsequent Pandemic Event visa of up to 6 months, until the visa is closed to all applications on 1 February 2024.

If you lodge a subsequent Pandemic Event visa application, you will be required to pay a VAC of $405.00. A VAC is also payable for each family member included in the application (dependent visa applicants aged 18 years and over are liable to pay $405, while dependent visa applicants under 18 years of age are required to pay $105 at the time of application lodgement).

Please also note that you can only apply for a subsequent Pandemic Event visa if, at the time of application, you hold or have held a COVID-19 Pandemic event visa within the last 28 days and you meet other visa requirements.

What About All Other Visa Holders?

If you currently hold a visa other than a Pandemic event visa (including a Student, Temporary Graduate or Visitor visa), you should explore other visa options to remain in Australia, or make arrangements to depart Australia. You are no longer eligible to apply for a Pandemic Event visa.

Let us now take a look at the requirements that you need to meet in order to be eligible for a subsequent COVID visa (up until 1 February 2024).

How Can You Qualify For A Subsequent COVID-19 Pandemic Event Visa

If you are an existing subclass 408 COVID visa holder and you would like to apply for a subsequent subclass 408 pandemic visa before 1 February 2024, at time of application you must:

• have evidence of your employment or an offer of employment; and
• hold a COVID-19 Pandemic event visa that expires in 28 days or less, or have held a COVID-19 Pandemic event visa that expired less than 28 days ago.

At time of application, you must provide evidence of your employment or an offer of employment. Evidence of employment must confirm:

• the dates of your employment;
• the sector you are working or intending to work in; and
• a description of your current or future position and duties.

Evidence can include payslips, an employment contract and/or a letter from your employer.

If you apply for a COVID-19 Pandemic event visa and you do not hold a COVID-19 Pandemic event visa at time of application, you are not eligible for a subsequent Pandemic Event visa.

Other Requirements To Qualify For A Subsequent Subclass 408 Visa

To qualify for a subsequent subclass 408 pandemic visa, other key criteria to be met include the following:

Genuine Temporary Entrant

You must meet a Genuine Temporary Entrant requirement to qualify for a subsequent subclass 408 visa. This requirement ensures that the temporary visa program is not used to maintain ongoing residence in Australia.

The Department of Home Affairs (the Department) must be satisfied that you have a genuine intention to remain in Australia temporarily, for the purpose for which the visa is granted (to work if you are employed or have an offer of employment in any sector of the economy).

When assessing your application, the Department will consider:

• your situation (including your current employment, family situation, future prospects and general circumstances in your home country);
• your immigration history;
• your compliance with visa conditions (that is, whether you have complied substantially with the conditions of your last substantive visa held or any subsequent bridging visa, and whether you intend to comply with the conditions to which the subclass 408 visa would be subject); and
• any other relevant matter.

Have Adequate Means Of Support

To qualify for a subsequent subclass 408 visa, you must have, or have access to, adequate means to support yourself and your dependents during the period of your intended stay in Australia.

How To Apply For A Subsequent Subclass 408 COVID Visa

To apply for a subsequent subclass 408 visa, you must lodge your application online on ImmiAccount.

If you are the primary applicant, you need to be onshore to apply for a subclass 408 COVID visa.

Now that we have discussed how you may qualify for a subsequent COVID visa, let us now take a look at the potential visa options that you may consider after the 408 COVID Pandemic Event Visa closes.

Visa Options To Consider After COVID 408 Visa Ending

Employer Sponsored Visa

One requirement to qualify for a subsequent 408 COVID visa is that you are either working, or you have an offer an employment to work for an employer in any sector in Australia. As such, you may like to consider an employer sponsored visa with your existing or prospective employer, which will allow you to remain in Australia to continue working for your employer/commence working for your prospective employer.

The Subclass 482 Temporary Skill Shortage (TSS) visa is a temporary employer sponsored visa which allows you to live and work in Australia for up to either two or four years, depending on which stream you apply for. It also provides a pathway to permanent residence after two years if specified requirements are satisfied.

To apply for a TSS visa, three applications must be lodged, namely:

• your sponsoring employer must apply for, and be approved as, a Standard Business Sponsor (SBS). Alternatively, your employer may enter into a labour agreement with the Government, which provides more flexible terms than an SBS;
• your sponsoring employer must apply to nominate you for the position; and
• you must separately apply for the visa.

All three applications can be submitted at the same time. If your employer already has an approved sponsorship or labour agreement in place, then only a nomination and visa application are required (sponsorships and labour agreements generally last for a period of five years).

TSS Visa Streams

The Subclass 482 TSS visa comprises of three visa streams, as follows:

• Short-term stream – if the nominated occupation is included on the Short-term Skilled Occupation list (STSOL). With this visa, you can work in Australia for up to two years (or for up to four years if an international trade obligation applies);
• Medium-term stream – if the nominated occupation is included on the Medium and Long‑term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). With this visa, you can work in Australia for up to four years; and
• Labour Agreement stream – your sponsoring employer must enter into a labour agreement with the Department. This is an alternative to the standard business sponsorship application which is required to sponsor workers under the short-term or medium-term stream. With this visa, you can work in Australia for up to four years for your sponsoring employer.

Some of the main requirements that apply to the TSS visa are set out below.

Sponsorship Application

Your sponsoring employer must be lawfully operating a business, and have a strong record of, or a demonstrated commitment to, employing local labour, and declare that they will not engage in discriminatory recruitment practices. There must also be no adverse information known to the Department about the business, or a person associated with the business (or it is reasonable to disregard this information).

Alternatively, your employer can apply for a labour agreement. To learn more about labour agreements, including the different types of labour agreements and the process of applying for one, please refer to our Labour Agreement Visa article.

Nomination Application

Your sponsoring employer must satisfy a number of prescribed requirements for nomination approval, which include the following:

• your sponsoring employer must be an approved sponsor or have a labour agreement in place;
• your sponsoring employer must nominate an occupation from a list of eligible skilled occupations, or as specified in a labour agreement;
• there must be no adverse information known to the Department about your sponsoring employer, or any person associated with the business;
• the position must be genuine and be full-time employment;
• your sponsoring employer must provide a written contract of employment for you (as their proposed sponsored worker);
• you must be employed as a direct employee, or as an employee of an associated entity if the entity is an Australian business sponsor;
• your sponsoring employer must meet requirements relating to your nominated salary and employment conditions;
• your sponsoring employer must provide evidence of labour market testing where required (this relates to advertising in the local labour market); and
• your sponsoring employer must not engage in discriminatory recruitment practices.

Visa Application

Short-term Stream

You must meet the following key requirements to qualify for grant of a TSS visa in the short-term stream:

• demonstrate that you have at least two years of employment experience in the nominated occupation or in a related field (this should generally be full-time employment completed in the last five years, although the Department may consider part-time employment). The nominated occupation must be included on the STSOL;
• have a relevant skills assessment (if required for your occupation);
• meet the genuine temporary entrant requirement. This is concerned with ensuring that you intend to genuinely reside in Australia temporarily and to comply with your visa conditions; and
• meet an English language requirement.

The nomination application must also be approved.

Medium-term Stream

You must meet the following key requirements to qualify for grant of a TSS visa in the medium-term stream:

• demonstrate that you have at least two years of employment experience in your nominated occupation or in a related field (should generally be full-time employment completed in the last five years, although the Department may consider part-time employment) and your nominated occupation must be included on the MLTSSL;
• have a relevant skills assessment (if required for your nominated occupation); and
• meet an English language requirement.

The nomination application must also be approved.

Labour Agreement Stream

You must meet the following key requirements to qualify for grant of a TSS visa in the labour agreement stream:

• demonstrate that you have at least two years of employment experience in your nominated occupation or in a related field (this can be disregarded if the labour agreement specifies otherwise);
• have a relevant skills assessment (if required according to the labour agreement); and
• meet an English language requirement, which is generally the same as that which applies to applicants in the short-term stream (unless the labour agreement specifies a different English language competency requirement).

The nominated occupation must be included in a labour agreement between your sponsoring employer and the Department.

To learn more about the TSS visa program, please refer to our Subclass 482 – A Guide to Temporary Skill Shortage article.

How To Qualify For Permanent Residence Under The TSS Visa Program

You may be eligible for permanent residency via the Subclass 186 Employer Nomination Scheme (ENS) visa program under the Temporary Residence Transition (TRT) stream if you hold a TSS visa in the short-term, medium-term or labour agreement stream.

To qualify, you must have worked on a full-time basis for your sponsoring employer for at least two out of the last three years.

Alternatively, if you are sponsored under the labour agreement stream, your sponsoring employer may nominate you for permanent residency in accordance with the terms of the labour agreement.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For An Employer Sponsored Visa?

You can use your time in Australia as a Pandemic Event visa holder to gain the required employment experience to be eligible for a TSS visa, and obtain a skills assessment for your occupation (where required). You can also use the time to improve your English and prepare/complete an English language test to qualify for a TSS visa. And importantly, a Subclass 485 visa gives you the time to develop the necessary rapport with an employer to encourage them to sponsor you for a TSS visa.

Employer Nominated Visa

The Subclass 186 ENS visa program is an employer nominated permanent residence visa which comprises of the following visa streams:

• Temporary Residence Transition (TRT) – this requires you to hold a Subclass 482 visa and to have worked for your sponsoring employer on a full-time basis for at least two years;
• Direct entry – to qualify under this stream, you must have at least three years of relevant skilled employment experience and a positive skills assessment in your nominated occupation (unless an exemption applies). This stream grants immediate permanent residence (unlike the TRT and labour agreement streams, which require you to hold a TSS visa for a certain period before being eligible for an ENS permanent residency visa); and
• Labour Agreement – your nominating employer must have a labour agreement in place under this stream. You must have the minimum qualifications, experience and English language skills that are suitable to perform your nominated occupation (as set out in the labour agreement). You may be eligible for an ENS permanent residency visa if you hold a TSS visa that was issued in accordance with the terms of the labour agreement. Alternatively, you may be eligible to qualify for permanent residency under the TRT stream after two years.

This option requires two applications to be lodged in all cases: one for the nomination (which relates to the position) and one for the visa (which requires that you meet specified criteria for grant of the visa).

Some of the main requirements that apply include (note these vary depending on which stream you apply for) include the following:

• Your skilled occupation must be listed on a specified skilled occupation list (if you are being nominated under the Direct Entry stream) or in a labour agreement (if you are being nominated under the Labour Agreement stream) and you must have the minimum qualifications and/or employment experience as specified for your nominated occupation. Alternatively, your nominated occupation must be in the same 4-digit ANZSCO unit group which formed the basis for granting your Subclass 482 visa (under the Temporary Residence Transition stream);
• you must be under 45 years of age at the time of application (unless an exemption applies or a labour agreement specifies otherwise);
• a positive skills assessment may be required (particularly under the Direct Entry stream); and
• you must have at least Competent English (unless a labour agreement specifies otherwise).

For further information on the subclass 186 ENS visa, we recommend that you refer to our article on the Employer Nomination Migration Scheme.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For An ENS Visa?

You can use your time in Australia as a Subclass 408 Pandemic visa holder to gain the required employment experience and to obtain a skills assessment for your occupation (where required). You can also use the time to improve your English and prepare/complete an English language test to qualify for an ENS visa.

Regional Employer Sponsored Visa

If the position which you are currently working in (or which you are proposed to fill) is located in regional Australia, then you may like to consider an employer sponsored regional visa by your current/prospective employer.

The Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa is a provisional visa which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if you meet specified requirements at that time. The SESR visa requires you (and any dependents) to live, work and study only in a designated regional area of Australia. The term of the subclass 494 visa is five years.

As a SESR visa holder, you can travel to and from Australia on an unrestricted basis over the visa term. You are also entitled to enrol in Medicare.

Like with the TSS application, to apply for a SESR visa, there are three applications:

• Sponsorship application – to be lodged by your sponsoring employer, or alternatively, your sponsoring employer must apply for a labour agreement (as sponsorships and labour agreements generally last for a period of five years, your sponsoring employer will need to lodge an application for sponsorship or a labour agreement if they do not already have a current sponsorship approval or labour agreement in place);
• Nomination application – to be lodged by your sponsoring employer (this relates to the nominated position); and
• Visa application – to be lodged by you as the visa applicant (you must meet visa grant criteria relating to such things as your qualifications, skills, experience, English language proficiency and age to qualify for a SESR visa).

You may be sponsored for a subclass 494 skilled employer sponsored regional visa under either the employer sponsored or labour agreement stream.

Employer Sponsored Stream

To sponsor you under the employer sponsored stream, your sponsoring employer must meet a number of requirements, including:

• be an approved Standard Business Sponsor (SBS) and an Australian business;
• demonstrate that the nominated position is genuine, full-time and likely to exist for five years;
• you must be engaged as an employee under a written contract of employment (unless an exemption applies);
• the nominated position must be located in a designated regional area;
• the nominated occupation must be on the prescribed skilled occupation list;
• labour market testing must be undertaken demonstrating that your sponsoring employer is unable to find a suitably qualified and experienced Australian worker or eligible temporary visa holder to fill the nominated position (unless an exemption applies);
• unless your nominated annual earnings are $250,000 or above, your sponsoring employer must demonstrate that the Annual Market Salary Rate (AMSR) is at least equal to or greater than the Temporary Skilled Migration Income Threshold (TSMIT);
• your nominated annual earnings must not be less than the AMSR, and must be equal to or greater than the TSMIT;
• an independent body (called a Regional Certifying Body) must also assess the AMSR; and
• the terms and conditions of employment for nominated overseas workers must be no less favourable than for Australian employees.

Labour Ageement Stream

Alternatively, the Labour Agreement stream is for employers in regional Australia who have a labour agreement with the Government to source skilled overseas workers to work in an occupation specified in the labour agreement for five years. Subclass 494 visa holders under this stream are also eligible to apply for permanent residence after three years.

Requirements to Qualify For A SESR Visa

To qualify for a subclass 494 visa, outlined below are some of the key requirements that you must satisfy:

• be aged under 45 years at time of application (unless an exemption applies or otherwise specified in a labour agreement);
• have a positive skills assessment for a skilled occupation on the prescribed skilled occupation list (unless an exemption applies) or in accordance with a labour agreement;
• have a minimum of three years employment experience in your nominated occupation (this should be on a full-time basis and at the skill level required for your occupation) or as otherwise specified in a labour agreement. Generally, you must have gained your experience within the last five years. The Department may consider equivalent part-time work; and
• have a minimum level of Competent English (unless otherwise specified in a labour agreement).

How To Qualify For Permanent Residence Under The SESR Visa Program

To be eligible for a Subclass 191 Permanent Residence (Skilled Regional) visa, you must have held a Subclass 494 visa for at least three years.

Other key requirements include that you must:

• have complied substantially with the conditions on your subclass 494 visa and any subsequent bridging visa that you held;
• have complied with visa condition 8579 whilst you held the subclass 494 visa (this condition requires you to live, work and study only in a designated regional area of Australia); and
• provide Notices of Assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years that you held a Subclass 494 visa.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For An SESR Visa?

You can use your time in Australia as a 408 COVID visa holder to gain the required employment experience to be eligible for an SESR visa, and obtain a skills assessment for your occupation. You can also use the time to improve your English and prepare/complete an English language test to qualify for an SESR visa. And importantly, a Subclass 485 visa gives you the time to develop the necessary rapport with an employer to encourage them to sponsor you for an SESR visa.

General Skilled Migration Visa Options

Alternatively, you may like to consider a General Skilled Migration (GSM) visa, which is point-tested, and which requires you to achieve a minimum score of 65 points in the Migration Points Test to qualify.

Another important feature of the GSM visa program is that you must first submit an Expression Of Interest (EOI) with the Department and be granted an invitation to apply for the relevant visa. You cannot apply for the visa without receiving an invitation first. Invitations are issued in what are called ‘invitation rounds.’ See a rundown of the latest invitation round results in our Skill Select Invitation Round article.

The GSM visa program consists of the following visa subclasses:

• Subclass 189 Skilled (Independent) visa – this visa does not require sponsorship by an employer, state or territory government, or family member in Australia. You need to attain at least 65 points to qualify and to submit an EOI with the Department. Please note that the granting of invitations is a highly competitive process and so you should aim to achieve the highest points score possible to improve your chances of securing an invitation. This visa grants you immediate permanent residence in Australia;
• Subclass 190 Skilled (Nominated) visa – this visa option requires a State or Territory Government sponsorship. You need to attain at least 65 points to qualify and to submit an EOI with the Department. You must also separately apply for State or Territory Government nomination approval. Note that each jurisdiction sets its own requirements for granting sponsorship approval. This option focuses more on the attributes that your selected state or territory requires when issuing invitations, rather than purely focussing on the points score. And so a score of 65 points can be sufficient to obtain an invitation. Be mindful that sponsorship requirements, such as English language and work experience requirements, may differ to Immigration requirements for grant of the visa. The subclass 190 visa grants immediate permanent residence in Australia; and
• Subclass 491 Skilled Work Regional (Provisional) visa – this visa option requires a State or Territory Government sponsorship. You need to attain at least 65 points to qualify and to submit an EOI with the Department. You must also separately apply for State or Territory Government nomination approval. Each jurisdiction sets its own requirements for granting sponsorship approval. As with the subclass 190 visa, a score of 65 points may be sufficient to receive an invitation. This is a provisional visa which provides a pathway to permanent residency via a Subclass 191 Permanent Residence (Skilled Regional) visa after three years. Importantly, you must live, work and study only in a designated regional area as the holder of a subclass 491 visa. This means the position that you are being nominated to fill must be located in regional Australia.

Let us now take a look at some of the main requirements to qualify for a GSM visa.

Skilled Independent Visa

The Subclass 189 Skilled (Independent) visa is a permanent residence visa with the following key requirements:

• you must first submit an EOI and await an invitation to apply for the visa. A set number of invitations are issued by the Department periodically in invitation rounds;
• your skilled occupation must be listed on a prescribed skilled occupation list and you must possess the minimum qualifications and/or employment experience as specified for that occupation;
• you must be under 45 years of age at the time the invitation is received;
• a positive skills assessment is required;
• a minimum points test score of 65 must be achieved in the Migration Points Test; and
• you must have Competent English (note this a defined term and is based on either your country of passport, or by achieving a minimum English test result in a prescribed English language test).

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For A Subclass 189 Visa?

You can use your time in Australia as a 408 COVID visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation and to score additional points in the Migration Points Test. You can also use the time to improve your English and prepare/complete an English language test to qualify for a Subclass 189 visa.

State Sponsored Visa

One key benefit of applying for a state sponsored GSM visa is that an approved sponsorship allows you to claim additional points towards the points test. You should also be aware that you will need to meet specific requirements for the sponsorship approval, which are in addition to Immigration requirements for visa grant, and which vary for each State and Territory. You will also be subject to additional obligations to your sponsoring State or Territory, as a condition of the sponsorship approval, should your visa application be successful.

Skilled (Nominated) Visa

The Subclass 190 Skilled (Nominated) Visa is a state sponsored permanent residence points-tested visa which requires a State or Territory Government to nominate you. This option grants you an additional five points towards the Migration Points Test, on account of the nomination.

The following key requirements to qualify for a subclass 190 visa must be met:

• you must first apply to a State or Territory Government for nomination approval. You must meet specified requirements to be granted approval (which may be different to the criteria which you must satisfy when applying to the Department for the visa itself);
• you must also submit an EOI with the Department and be invited to apply for the visa (this is normally required to be done at the same time as you lodge your nomination application);
• your skilled occupation must be listed on a prescribed Skilled Occupation List, and you must possess the minimum qualifications and/or employment experience as specified for your selected nominated occupation;
• you must be under 45 years of age at the time the invitation is received;
• a positive skills assessment is required;
• a minimum points test score of 65 must be achieved in the Migration Points Test; and
• you must have Competent English.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For A Subclass 190 Visa?

You can use your time in Australia as a Subclass 408 Pandemic Visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation, to score additional points in the Migration Points Test and to meet State/Territory nomination criteria. You can also use the time to improve your English and prepare/complete an English language test to qualify for a Subclass 190 visa.

Skilled Work (Regional) Visa

The Subclass 491 visa is a provisional GSM visa which provides a pathway to permanent residence after three years subject to meeting certain requirements. This visa requires you and any visa dependents to live, work and study in a designated regional area of Australia and requires an approved sponsorship by a State or Territory Government. Alternatively, you may be sponsored by an eligible family member who is usually resident in a designated regional area of Australia. This visa option grants you an additional 15 points towards the points test, for the sponsorship. The Subclass 491 visa term is five years.

The main requirements to qualify for visa grant are listed below:

• you must first apply to a State or Territory Government for Sponsorship (note that the requirements and occupation lists vary for each State and Territory);*
• you must also apply for an invitation to apply for the visa (again, this is normally required to be done at the same time as you lodge your Sponsorship application);
• your skilled occupation must be listed on a specified list of skilled occupations, and you must possess the minimum qualifications and/or employment experience as specified for your nominated occupation;
• you must be under 45 years of age at the time the invitation is received;
• a positive skills assessment is required;
• a minimum points test score of 65 must be achieved; anf
• you must have Competent English.

*This step does not apply if you elect to be sponsored by an eligible relative.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For A Subclass 491 Visa?

You can use your time in Australia as a COVID-19 Pandemic Event visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation, to score additional points in the Migration Points Test and to meet State/Territory nomination criteria. You can also use the time to improve your English and prepare/complete an English language test to qualify for a Subclass 491 visa.

Sponsorship Requirements

State Sponsorship

As noted above, each State and Territory Government sets its own requirements for sponsorship approval. They also each release their own Skilled Occupation List which specifies which occupations they may sponsor, depending on their needs based on labour market shortages. These lists are updated periodically, as the State or Territory assesses its changing labour needs. Special conditions may also apply to some occupations, which means they are subject to additional requirements for sponsorship approval (for example, a higher minimum English language competency or specified employment experience).

Each State and Territory has a specific number of places each year for which it may issue sponsorship approvals under the general skilled migration program. Once these are filled for a given year, the program is then closed to new applications. If you find yourself in this situation, you will need to wait until the program re-opens to submit your application.

Requirements for State Sponsorship approval can include:

• achieving a specified minimum test score in an English test, which may be higher than the minimum score that is required for the visa application. English test results can also depend on the occupation which you are applying for;
• skilled employment experience in your nominated occupation for a specified minimum period. Some or all of this experience may need to have been performed in the sponsoring State or Territory;
• achieving a minimum specified points score in the points test (including State sponsorship points); and/or
• having resided in the sponsoring State or Territory for a specified minimum period.

It is important to note if you are applying for a State sponsorship-based visa, you will need to satisfy three sets of requirements as part of this process:

• requirements for sponsorship approval, which will differ for each State and Territory (application made to the relevant sponsorship authority);
• requirements for lodging a valid EOI (application made to the Department); and
• requirements for visa grant (application made to the Department).

Your Obligations

If your visa application is successful and you are granted either a subclass 190 or 491 visa, you will be subject to additional obligations to your sponsoring State or Territory. These requirements differ for each jurisdiction but generally, can include the following:

• reside in the nominating State or Territory for a specified minimum period;
• advise your address details;
• complete surveys; and/or
• provide other information as requested.

Sponsorship By An Eligible Relative

Alternatively, if you are applying to be sponsored by an eligible relative, they will need to meet prescribed requirements to be eligible to be approved as your sponsor.

Your sponsoring family member must be at least 18 years of age, an Australian citizen or permanent resident, or eligible New Zealand citizen, and be related to you as the primary visa applicant (or to your spouse or de facto partner, if they are also applying for the visa). Related is a defined term in the migration provisions.

The sponsor will need to provide a signed undertaking to assist you, to the extent necessary, financially, and in relation to accommodation and to participate in an Adult Migrant English Program (AMEP) English language program, for two years.

Also be aware that electing to be sponsored by an eligible family member means that you will need to satisfy two sets of requirements as part of this process:

• requirements for lodging a valid EOI (application made to the Department); and
• requirements for visa grant (application made to the Department).

Get More Information About An Employer Sponsored Visa

To learn more about applying for an employer sponsored skilled visa, we recommend that you refer to the following articles.

Employer Sponsored Visas

Employer Nomination Migration Scheme

Labour Agreement Visa

482 Visa Employer Obligations

457 Visa Replacement

Employer Sponsor Visa Requirements

Changes To 457 Temporary Work Skilled Visa

Business Requirements For Accredited Sponsorship

Self Sponsor Visa Australia

Does 482 Visa Require Skills Assessment

How To Sponsor An Employee For A Work Visa Or Permanent Residency

Overview Of Australian Work Visas And Employer Sponsorship

Guide To Australian Sponsorship Visa Costs

How To Become A Sponsor

Labour Market Testing Requirements

Requirements For Regional Employer Sponsored Skilled Visas

How To Renew 482 Visa And Extension Limitations

Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders

Minimum Salary For Visa Sponsorship

How To Sponsor A Worker From Overseas

Applying For Temporary Skill Shortage Visa

Obligations For Standard Business Sponsorship

How To Become An Accredited Sponsor

How To Become A Temporary Activities Sponsor

Seasonal Worker Program Replaced By The Pacific Australia Labour Mobility (PALM) Scheme

Guide To Hiring And Employing Overseas Workers

What To Do When 482 Visa Nomination Is Refused

Visa Options For Employer Sponsors And Skilled Workers

Employer Sponsored 494 Visa Processing Times

Short And Medium Term Stream Visas

Expanded eligibility for permanent residence for TSS visa holders

All Subclass 482 TSS Visa Holders To Be Eligible For Permanent Residency From 25 November 2023

Get More Information About A Skilled Visa

To learn more about applying for a skilled visa, including key features and eligibility requirements, we recommend that you refer to the following articles.

Australian Skilled Migration Visa List

General Skilled Migration Visa Options

SAF Skilling Australians Fund Levy

General Skilled Migration Visa Points

Subclass 491 Regional Visa

Subclass 190 State Sponsorship Visa

Australian Skilled Occupations List

Australian Permanent Resident Visa Case Study

State Sponsorship Visas In Australia

South Australia State Sponsorship Opportunities

Skilled Regional Visa Australia

Regional Sponsor Migration Scheme

Regional Sponsored Visa Requirements

English Requirements For Skilled Visas

Tasmanian Skilled Migration Nomination Pathways In 2023-24

Introduction Of The Innovation and Early Careers Skills Exchange Pilot Under The A-UKFTA

South Australian Skilled Migration Nomination Pathways In 2023-24

Partner Visa Options

If you are in a married to, or in a de facto relationship with, an Australian partner (being an Australian citizen or permanent resident visa holder, or an eligible New Zealand citizen), you may like to consider applying got a Partner visa, which provide a pathway to permanent residency in Australia. Plus, you can apply for a Partner visa onshore in Australia with a Subclass 820/801 Partner visa.

A key feature of a partner visa is that your Australian partner must sponsor you for the visa.

A critical aspect in determining your eligibility for a Partner visa is based on assessing the nature of your relationship with your Australian partner, this is, whether you are in a married or de-facto relationship (as defined in the migration provisions).

Married And De Facto Relationships

The most important aspect of your application is to gather and submit evidence with your application to demonstrate that your relationship is genuine and that it satisfies the meaning of either a spouse or de facto relationship under the migration provisions.

What Is A Spouse Relationship?

To meet the definition of a spouse relationship under the migration provisions, your marriage must be legally valid under Australian law.

The definition of a spouse relationship also requires you to demonstrate that:

• you and your Australian spouse have a mutual commitment to a shared life as a married couple, to the exclusion of all others;
• your relationship is genuine and continuing;
• you are not living separately and apart on a permanent basis.

In assessing whether you meet this definition, the Department will examine the following:

• the financial aspects of your relationship;
• the social aspects of your relationship;
• the nature of your household; and
• your commitment to one another. 

This means demonstrating things like:

• jointly owning real estate and/or other major assets, joint responsibility for a lease or mortgage and/or a joint bank account (financial aspect);
• the relationship being known to third parties, having friends in common, receiving joint invitations, attending social events and travelling together (social aspect);
• sharing a household and domestic responsibilities, caring for and supporting children (where applicable), household bills and other mailed correspondence either in joint names or addressed to you individually at the same address (household aspect); and
• your intention to be in a committed, long-term and exclusive married relationship, having knowledge of each other’s background, family situation or other personal details, the terms of your wills, your superannuation beneficiary and maintaining contact for any periods spent apart (commitment aspect).

De Facto Relationship

To satisfy the definition of a de facto relationship, you must:

• not be married to one another;
• have a mutual commitment to a shared life to the exclusion of all others;
• have a genuine and continuing relationship;
• live together, or if you do live apart, this must only be temporary (i.e. you must not live ‘separately and apart’ on a permanent basis);
• not be related by family; and
• both be at least 18 years of age.

To demonstrate that you meet these requirements, as part of your application you need to address each of the following aspects of your relationship:

• Financial – to demonstrate the pooling of financial resources, joint asset ownership and/or assuming joint liabilities
• Social – to demonstrate that your relationship is recognised by others as being genuine (e.g. in the eyes of family and friends) and that you jointly engage in social events and travel/other activities, etc.
• Household – to demonstrate your living arrangements and how you organise your domestic responsibilities (e.g. cooking, cleaning, etc.) and provide care and support for children
• Commitment to one another – to demonstrate the length and history of your relationship, your intention for it to be a continuing one and how you maintained contact for any periods when you lived apart.

Duration Of Your De Facto Relationship

You must demonstrate that you have been in a de facto relationship with your Australian partner for a period of at least 12 months (as at the date when you apply for the Partner visa), unless you meet one of the following exemptions:

• you can demonstrate that compelling and compassionate circumstances exist for grant of the visa;
• your Australia partner (as your sponsor) either is, or was, the holder of a permanent humanitarian visa, and before grant of that visa, had declared the existence of your de facto relationship to Immigration;
• your sponsor has applied for a permanent humanitarian visa; or
• your relationship is registered with an Australian State or Territory Government.

Please note that any time spent dating or in an online relationship may not count as being in a de facto relationship.

Compelling And Compassionate

Meeting the ‘compelling and compassionate’ requirement would generally require one of the following circumstances to exist:

• there is a dependent child of the relationship; or
• it is illegal for you to live with your partner in a de facto relationship in your home country.

Be aware that there may be other reasons deemed acceptable by Immigration for the purposes of satisfying ‘compelling and compassionate’ and each case will be judged individually.

Relationship Registration

Registering your relationship with a State or Territory Government will result in the legal recognition of you and your de-facto partner as a couple and will bring with it certain legal rights and responsibilities. Each State and Territory has its own specific conditions that must be satisfied to register a relationship (contact your relevant State or Territory authority for more information if you are considering registering your relationship).

Partner Visa Application Process

For both the onshore and offshore partner visa options, you are required to lodge a combined application for a temporary and permanent residence visa. If you apply for an onshore partner visa, you will be granted a bridging visa, which will allow you to remain lawfully in Australia whilst you await processing of your subclass 820 temporary partner visa application.

At the first processing stage, you will be assessed for the temporary partner visa only. If your application is successful and the visa is granted, you will be permitted to reside in Australia with your partner whilst you await a decision on the permanent partner visa Australia, which the Department will commence processing once two years have passed since lodgement of your application.

Long-term Relationships

Relationships which are classified as ‘long-term’ under the migration provisions are assessed for both the temporary and permanent residence visas at the first processing stage and are therefore fast-tracked by ‘skipping’ a step. That is, eligible applicants are granted the subclass 801 permanent partner visa.

A long-term relationship is one which has been in existence for a minimum period of:

• three years; or
• two years, where there is a dependent child of the relationship.

How Can You Use Your Time In Australia As A Pandemic Event Visa Holder To Qualify For A Partner Visa?

You can use your time in Australia as a Subclass 408 Pandemic Visa holder to develop your relationship with your Australian partner to meet the requirements to qualify for a Partner visa (such as to progress to marriage and/or build up the time that you live together as a de-facto couple to meet the minimum 12-month requirement to apply for a Partner visa).

Get More Information About The Subclass 820/801 Partner Visa And The Subclass 309/100 Partner Visa

We have prepared the following detailed guides on the provisional and permanent partner visas (both onshore and offshore), which we highly recommend that you refer to for more information.

820 Partner visa

801 Partner visa (permanent)

Get More Information About A Partner Visa

To learn more about applying for a Partner visa, including the eligibility requirements and evidentiary requirements, we recommend that you refer to the following articles.

Partner Visa Sponsorship

Partner Visa Sponsor Requirements

Partner Visa Sponsor Approval

Partner Visa Changes

Australia Partner Visa Changes

De Facto Visa Requirements

Overview Of Partner Visas In Australia

De Facto Visa Application

Partner Visa Application Process

Marrying An Australian To Get Residency

Australian Partner Visa Checklist

What Are The Requirements For Spouse Visa In Australia

Schedule 3 Partner Visa

Partner Visa Sponsor Requirements

Bridging Visa For Partner Visa

De Facto Partner Visa Cost

Partner Visa Evidence Examples

Wife Visa Australia Requirements

Evidence Of Genuine And Continuing Relationship

Immigration Sponsorship Bar Policy

Differences Between Permanent And Provisional Partner Visas

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Contact us to book a no-obligation consultation to find out more about when will the COVID visa end and what visa options you may consider as a result of the COVID 408 visa ending.

* * * * * * * * * * * *

In conclusion, we note that the above discussion provides an overview of the changes that have been introduced to the Pandemic Event visa (including the COVID 408 visa ending and when will the COVID visa end) and how they impact current subclass 408 visa holders. We have also explored the skilled and partner visa options, in particular, employer sponsored and employer nominated skilled visas, that you may like to consider to remain in Australia. We have outlined how you can use your time on your COVID visa to later qualify for another visa subclass, such as a Skilled or Partner visa. We have also provided links to further information so that you can learn more about what visa options you may consider as a result of the COVID 408 visa ending.

Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to apply for a subsequent Subclass 408 pandemic visa, or another visa as a result of the COVID 408 visa ending, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.

For up-to-date advice on options after the 408 COVID Pandemic Event Visa closes, including when will the COVID visa end, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.

Sources/Links

Australian Government – Department of Home Affairs – ImmiAccount