New Work Rights, PR for Employer Sponsored and Borders Open
Work Rights for 408 COVID-19 Visa
Yesterday, the Minister for Immigration, Hon Alex Hawke, released a statement confirming that eligible applicants lodging a COVID-19 Pandemic Event 408 Visa from 21 February 2022 will have work rights, irrelevant of the sector they work in.
This is good news for many temporary visa holders whose visas are about to expire, as well as Australian businesses that do not operate in a ‘critical sector’ but, continue to experience the challenges of staff shortages.
This provision applies to eligible visa applicants who were in Australia prior to 21 February 2022, or those who arrived on/after 21 February 2022 and had work rights or a job offer from a Commonwealth funded Aged Care service at the time of lodgement. Additionally, applications should be submitted within 90 days of their current substantive visa expiring.
Relevantly, successful visa applicants will be given a validity period of 6 months unless the Department of Home Affairs have deemed you to be working in one of the following critical sectors, in which case the visa will be valid for 12 months:
Aged Care
Child Care
Disability Care
Health Care
Agriculture
Food Processing
Tourism and Hospitality
Source: Enhancing temporary visa settings to support Australia’s economic recovery
Training 407 Visas – Work Rights for Dependents
The Government is also removing the limit on work hours for dependent Training 407 visa holders employed in any sector.
This takes effect immediately and will be reviewed in April 2022.
Yesterday’s announcement is in effort to support Australia’s COVID-19 economic recovery and comes off the back of the following recent changes:
Source: Enhancing temporary visa settings to support Australia’s economic recovery
Skilled Recognised Graduate 476 Visas – Validity Extended
In recognition of the importance of qualified engineers in Australia, the Minister has also extended the validity period of the 476 visa, for engineering graduates, to 24 months (this is, the standard 18 months plus an extra 6 months).
Details are yet to be finalised but, it is expected that this will take effect in April 2022, that it will apply to people whose 476 visas have already expired (they need to show they were unable to use the full 18-months due to COVID-19 travel restrictions).
Furthermore, eligible 476 visa holders will be notified by the Department of Home Affairs so it is important 476 visa holders ensure the Department are up to date with their personal mobile, email and address details.
Source: Enhancing temporary visa settings to support Australia’s economic recovery
Australia Reopens the Borders
From 21 February 2022, Australia’s international borders open to all ‘fully vaccinated’ (as defined here) visa holders.
Those who are not vaccinated must - at the time of writing this - apply for a travel entry exemption and undertake quarantine if granted permission to enter Australia.
Source: Open for business
Changes to Student Visa Work Restrictions
From 19 January 2022, temporary arrangements took effect for student visa holders which allowed them to work more than 40 hours per fortnight in any sector.
Those who hold a Bridging Visa A (or Bridging Visa B) with conditions 8104 or 8105 will be included.
This is being reviewed in April 2022 and throughout students are required to maintain their course enrolment, attendance and satisfactory progress.
Working Holiday Makers – 6 Month Work Restriction Removed
From 19 January 2022 to 31 December 2022, Working Holiday Makers will not be required to seek permission to work for the same employer beyond the 6-month limitation.
This is extended to those who hold a Bridging Visa A (or Bridging Visa B), on the basis of having lodged an undecided visa application while holding the working holiday visa.
Pathways to Permanent Residence for TSS 482 visas (short-term stream) and 457 visas Aged 45+
Following the Minister’s announcement (25 November 2021) that the Australian government will “improve access to permanent residence” for TSS 482 visa holders in the short-term stream as well as existing 457 visa holders who don’t meet the age requirement, there have been no further details released on what this looks like and who is actually eligible. Until then, applicants for Australian permanent residence in the 186 Employer Nomination Scheme, will need to meet the current criteria in place.
Source: Visa changes to support the reopening of Australia and our economic recovery
Conclusion
Australian immigration is returning for fully vaccinated travellers and Australian businesses needing to fill staff shortages.
There are many changes to accommodate, some which are temporary and some that impact only a particular cohort of visa holders or applicants. For more information contact us now.