Temporary Visa holders and Coronavirus
Today, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Hon Alan Tudge, released a number of statements addressing concerns that many temporary visa holders and employers have in relation to their immigration status and financial security in Australia. The concerns come following the impacts of COVID-19 (coronavirus) on business operations, job security, global travel restrictions and border closures.
This article takes a look at the long anticipated measures announced today and also recaps on the assistance given to New Zealand citizen residents including:
Australian citizens, Australian permanent residents and eligible New Zealand citizens
457 visa and TSS 482 visa holders
International student 500 visa holders
Visitor visa holders
Working Holiday visa holders and Work and Holiday visa holders
Seasonal Worker Programme and Pacific Labour Scheme
Australian Citizens, Australian Permanent Residents and Eligible New Zealand Citizens
Australia and New Zealand have many trans-tasman arrangements but, depending on whether New Zealand citizens arrived before or after 26 February 2001, a lot of the 600,000+ New Zealand citizens currently residing in Australia do not have access to JobSeeker arrangements.
In the latest JobKeeper package announced by Prime Minister, Scott Morrison, most other New Zealand citizens should now qualify for some assistance during the current crisis. New Zealand citizens should contact Centrelink or make an application via their myGov account to determine their eligibility for either JobSeeker or JobKeeper.
If there are any New Zealand citizens who don’t qualify for any of these benefits, they are being urged to rely on family support, their work in Australia or to return to New Zealand where they can access welfare.
Temporary Skilled 457 Visa and TSS 482 Visa Holders
The purpose of these temporary skilled visa holders, within the employer sponsorship program, is to help Australian businesses fill job shortages when they find it difficult to hire suitably qualified and experienced local Australian employees.
In 2017, the 457 visa was abolished and replaced with the TSS 482 visa which, for the most part, works somewhat in the same manner except there is increased monitoring around labour market testing requirements and evidence of relevant skills. Furthermore, there is not always a pathway to permanent residence.
Both the 457 and 482 visas have conditions (8107 and 8607 respectively) which typically requires the employees to work full-time, in the nominated position and with the sponsoring business as approved by the Department of Home Affairs. Similarly, business sponsors are required to comply with sponsorship obligations which touch on these aspects too. Non-compliance can result in visa cancellation, impacts on future visa applications and issues for the sponsoring employer.
But, now that many business operations are now slowing to a halt worldwide, Australia is starting to see an increase in unemployment rates with some economists predicting it could rise to 12% by mid-2020.
Where does this put highly skilled temporary visa holders who are now unemployed?
The Australian Government has stated that Australian citizens and permanent residents are their priority. They have acknowledged that skills shortage could be in demand again once the coronavirus crisis has passed and business operations return to normal – there are varying estimates as to how long this could take.
Until then, there are approximately 139,000 temporary skilled visa holders in Australia, many of whom face the prospects of unemployment whilst having to meet those earlier mentioned visa conditions and sponsorship obligations. Coinciding with this, are the sponsoring employers trying to plan when they will need to re-hire the sponsored employees due to lack of sufficiently skilled Australians, and whether those sponsored employees will still be in the country to help operate and grow their business.
It may be possible to "stand down" a temporary skilled visa holder temporarily with a view to bring them back on, or reduce their working hours, or consider a mutually agreed leave without pay arrangement - these considerations should be followed in accordance with the guidance given by your Registered Migration Agent in conjunction with your employment law specialist as both will need to understand the specifics of your situation and the parameters of the relevant legislative pieces.
To address the current issues faced by temporary skilled visa holders and Australian business sponsoring employers, the Acting Minister has stated that “temporary skilled visa” holders:
Who have been "stood down" with a view to resume work, or who have had their hours reduced (per what we believe to be in line with current and relevant policy addressing work hours), will continue to hold their visa without cancellation during the downtime. Furthermore, they will also be able to make an early withdraw of up to $10,000 from their superannuation fund,
Who have been laid off or terminated will still have to comply with their visa conditions. The advice has been that the 457 or 482 visas will still be subject to cancellation if more than 90 days or 60 days has passed before the applicant seeks to transfer their visa to another sponsoring employer, or before they lodge a valid application (90 days for 457 visas granted on or before 18 November 2016, 60 days for 457/482 visas granted after 18 November 2016),
A 457 or 482 visa holder from the MLTSSL occupation list who was terminated and subsequently re-employed after the coronavirus crisis will have time the they spent in Australia count towards permanent residence requirements.
At this stage, it is unclear as to whether these flexible arrangements will apply to just the 457 and 482 visa holders, or if they will also extend to other temporary skilled visas such as 400 and 407 visas.
Regulations and policy details on the visa conditions and employer obligations are yet to be formalised. As soon as we have these details we will release another update.
International Student Visa Holders
There are almost 600,000 international student visa holders in Australia and they provide a significant contribution to the economy. As an example, an international student might pay 15% more in course fees than a domestic student and on top of this they are required to demonstrate they (as a single applicant) have at least AUD21,000 in sufficient funds for living costs and expenses. The cost increases if the student has a dependent partner included and again when children are added.
Following the recent announcements, the Government's expectation is that new student visa holders rely on their savings, family financial support and/or part-time work to support their stay in Australia during this time. If they cannot do this, they are urged to return home.
International students who have been in Australia longer than 12 months are also expected to rely on personal savings, family support and/or part time work, however, they will have the ability to make an early withdrawal from their superannuation if they experience financial hardship.
Students Working in Supermarkets
In mid-March, it was announced that international students already working in supermarkets would be allowed to increase their maximum 40 hours of work per fortnight to help replenish supermarkets goods, a measure that was taken in response to members of the public stockpiling and leaving shelves empty of essential items.
As more Australians become unemployed, it is expected that they will be employed to these positions and so, as of 1 May 2020, the standard hours for most student visa holders will return to 40 hours per fortnight. Other students working as nurses and within the aged care sector will be able to have their hours increased beyond the standard 40 hours per fortnight restrictions to support these essential industries.
Often, international students cannot afford the high costs associated with studying in Australia including the international course fees. In these cases, a student travels to Australia on their newly approved visa which was made possible following the collective efforts of their local communities and/or families that come together to raise the necessary funds because they want the student to have an opportunity to their education and career prospects. In light of the current situation, a lot of these students will be forced to return home with no qualification obtained and little funds available.
The details regarding increased work hours for nurses in aged care a well as financial hardship are yet to be detailed.
Visitor Visa Holders
Tourist visa and visitor visa holders that come to Australia have varying visa validity periods determined by the Department of Home Affairs on approval. During the validity period, all visa holders have a maximum 3 month stay - this means that the a visa holder with a 12 month validity period, for example, is only allowed to stay in Australia for a maximum continuous period of 3 months upon each entry.
The Australian Government has urged all visitor visa holders to return home as quickly as possible, especially, if they do not have family support in Australia.
Some visitor visas have condition 8503 which prevents them from lodging another visa application whilst in Australia. This can present a problem for those who whose 3 month stay period is ending, or their visa is expiring, and they are unable to enter any other country due to travel restrictions.
If you find yourself in this position, you may be able to make a visa application in Australia and seek a waiver of condition 8503 but, you should consider doing this well before the 3 month stay period or visa expiration is near. A bridging visa A will not be issued and the Government has made it clear that they do not want to see any visa holders become unlawful. This can be a tricky scenario to self-manage and we recommend you contact us or your trust Registered Migration Agent for further advice and guidance.
Working Holiday Visa and Work and Holiday Visa Holders
Working Holiday 417 visas and Work and Holiday 462 visas are granted for 12 months. During this time, the visa holders can work for one employer continuously for up to 6 months.
To renew the visa for another 12 months, the working holiday makers are required to do eligible farm work in regional Australia for at least 88 days and complete this whilst their initial working holiday visa is still valid.
In considering our healthcare, age and disability care, childcare, agriculture and food services the Australian Government has provided concessions that would allow these workers to renew their visas if they are expiring within the next 6 months, and provide necessary and ongoing assistance in these sectors. For example, if a working holiday maker is employed as a nurse and is coming to their of their working holiday visa, they will have the opportunity to renew that visa for another 12 months, without having to work on a farm for 88 days in regional Australia.
When moving from region to region, working holiday makers will be required to self-isolate for 14 days and register on the Australia.gov.au website, before moving on to another part of Australia. Non-compliance will result in visa cancellation.
Additionally, if a visa holders’ skills are in demand within the above industries, they will be able to work longer than the standard 6 months (a formal application may be necessary).
The details on how this will work, the regulations, policy and conditions are yet to be finalised and will be under regular review.
Seasonal Worker Programme and Pacific Labour Scheme
These workers may be able to get a another stay period of up to 12 months to work for approved employers who will need to continue working with the Department of Education, Skills and Employment with respect to labour market testing to ensure Australian citizens and permanent residents are given priority.
Conclusion
The Australian Government has made it clear that their priority is looking after Australian citizens and permanent residents.
Some temporary skilled visa holders and working holiday makers will be given some concessions but, if they do not meet the associated policy guidelines and find themselves out of employment, they will also need to consider returning home. The details around the new regulations and policy provisions are yet to be released. We strongly recommend that temporary visa holders seek expert advice from a Registered Migration Agent and an employment law specialist (particularly, for sponsoring employers) before doing anything.
Contact us or your trusted immigration advisor to discuss how the latest announcements made by the Australian Government will impact your ability to stay and work in Australia or business sponsorship obligations.
References
Prime Minister press release - JobKeeper Package