Jobless, unsupported, unwelcome and without a flight home – this is what limbo looks like for approximately two million visa holders in Australia amidst national bipartisan measures to reduce the spread of COVID-19 and contain its threatening potential.
Temporary visa holders were amongst the minority group forgotten by national policies and left to face the consequences of COVID-19 on their own without any form of income support. This is unfortunate, as temporary visa holders form an important and significant part of Australia’s economy and society.
Finally aware of this, the Australian Government is in the midst of making a number of changes to temporary visa holder arrangements in order to protect the health and livelihoods of Australians, support critical industries, and assist with the rapid recovery post the virus. The changes are also geared toward enabling temporary visa holders to remain in key industries, such as health, aged and disability care, agriculture and food processing so that they can boost front line health numbers, get food from farms to our shops and ensure critical services continue.
Visa Changes
The following new measures will apply to the major classes of temporary visa holders. The situation will be reviewed periodically and subject to further changes if required.
Visitor Visa Holders
International tourists should return to their home country as quickly as possible, particularly those without family support.
What can I do if I cannot return to my home country?
If you cannot return to your home country, you need to maintain a valid visa and engage with the health system when necessary.
Visitor visa holders should apply for a new visa before their current visa expires to maintain their lawful status.
If a visitor has a “No Further Stay” condition on their visa (including 8503, 8534 or 8535) and less than two months validity remaining, they can request a waiver of this condition to allow them to lodge a new visa application.
International Students
Students are encouraged to rely on family support, part-time work where available and their own savings to sustain themselves in Australia.
International students working in major supermarkets, aged care and as nurses can work more than the prescribed 40 hours per fortnight.
However, from 1 May 2020, those who work in supermarkets will have their hours return to the maximum 40 hours a fortnight as more Australians are being recruited into these roles.
I require more financial support, what are my options?
The Australian government has allowed students who have been here longer than 12 months who find themselves in financial hardship to access their Australian superannuation early (of up to $10,000 this financial year) and without having to leave the country.
In addition to this, the Australian Government will undertake further engagement with the international education sector who already provides some financial support for international students facing hardship such as providing fee discounts.
New Zealand 444 Special Category Visa
New Zealanders and Australians have reciprocal arrangements whereby we can each stay and work in each other’s country.
- New Zealanders who are on subclass 444 visa and arrived before 26 February 2001 will have access to welfare payments and the JobKeeper payment.
- New Zealanders who are on subclass 444 visa and arrived after 26 February 2001 have access to the JobKeeper payment.
- New Zealanders who are on a subclass 444 visa and lived in Australia for 10 years or more have access to JobSeeker payments for six months.
What should I do if I am not eligible for one of the above payments and cannot support myself?
It is advised that New Zealanders should consider returning to New Zealand if they are unable to support themselves through the abovementioned provisions, work or family support.
Temporary Skilled Visa Holders
Temporary Skilled Visa Holders are faced with a unique situation as they face the same employment crisis as Australian residents without access to the same welfare support systems.
What should I do If I have been stood down or my hours are reduced?
Temporary Skill Shortage visa holders who have been stood down, but not laid off, will maintain their visa validity and businesses will have the opportunity to extend their visa as per normal arrangements.
Businesses will also be able to reduce the hours of the visa holder without the person being in breach of their visa conditions or the business being in breach of their employer obligations.
Will the above circumstances affect my Permanent Resident application?
Visa holders who have been stood down or re-employed after the coronavirus pandemic, will have their time spent in Australia count towards their permanent residency skilled work experience requirements even if they have not worked for a period of time.
I require more financial support, what are my options?
The Australian government has allowed temporary skilled visa holders in financial hardship to access their Australian superannuation early and without having to leave the country. You will be able to access up to $10,000 of your superannuation this financial year.
You are not eligible for any income support or welfare payments issued by the Government and Centrelink.
I have lost my job, what are my options?
Visa holders who have been laid off due to coronavirus should find another employer within 60 days or make arrangements to depart Australia.
If you cannot find another employer within the time allocated, you must make arrangements to depart Australia.
What if I cannot return to my home country?
If you cannot return to your home country, you need to maintain a valid visa, such as a Bridging Visa, and engage with the health system where necessary.
Working Holiday Markers Supporting Critical Sectors
Working holiday makers who are working in these critical sectors will be exempt from the six month work limitation with the one employer and eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months.
Critical sectors include:
- Health, aged and disability care;
- Agriculture;
- Food processing; or
- Childcare.
If you are a WHM working in the critical sector mentioned above but not eligible for a further WHM visa and are unable to return to your home country, they you can apply for the Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa.
Can I extend my current visa to stay in Australia if I am unable to return to my home country?
You can apply for a further WHM visa if you have undertaken specified work for three months on your first WHM visa or six months on your second WHM visa.
The following industries and areas are approved as specified work for subclass 417 (Working Holiday) visa holders:
- Plant and animal cultivation in regional Australia;
- Fishing and pearling in regional Australia;
- Tree farming and felling in regional Australia;
- Mining in regional Australia;
- Construction in regional Australia; and
- Bushfire recovery work in declared bushfire affected areas only, carried out after 31 July 2019.
The following industries and areas are approved as specified work for subclass 462 (Working Holiday) visa holders:
- Plant and animal cultivation in northern Australia and other specified areas of regional Australia;
- Fishing and pearling in northern Australia only;
- Tree farming and felling in northern Australia only;
- Tourism and hospitality in northern Australia only;
- Construction in northern Australia and other specified areas of regional Australia; and
- Bushfire recovery work in declared bushfire affected areas only, carried out after 31 July 2019.
You must apply for a new visa before your current visa expires. You may be eligible to be granted a bridging visa that will keep you lawful until a decision is made on your visa application.
I require more financial support, what are my options?
If you cannot financially support yourself over the next six months you are advised to make arrangements to leave the country as the income support and welfare payments do not apply to you.
The Takeaway
We are glad the Australian Government has provided some clarity and clear information with respect to temporary visa holders and whilst the options are limited to an extent, some rules and regulations have been relaxed for the purposes of streamlining movement and processes.
If you are a temporary visa holder and would like to discuss your options please do not hesitate to contact via 8234 8400 or email us at info@giltonvaleo.com.au as individual circumstances will strongly determine which options are available to you.
