Last updated: 30 April 2020

With the continued mayhem the coronavirus has caused around the world, most businesses, industries and people have been affected in extraordinary ways. While many businesses have experienced a significant downturn and have been forced to shut, voluntarily and involuntarily, some businesses such as supermarkets and parcel delivery services are finding it difficult to keep up with demand.

Australian citizens, permanent residents and temporary visa holders have been affected and many are seeking advice on their or their friends’ or family’s situation to remain and even enter Australia after the government shut its borders to foreign nationals entering, and its own citizens departing, with few exceptions.

The below FAQ for visa holders has been provided to assist in explaining common situations visa holders face for popular visas held with appropriate links to government websites and others for further investigation/explanation. Updates are likely should new information be known or received. A heavy caveat first:

The great unknown is how the Department of Home Affairs (Home Affairs) considers this extraordinary phenomenon and how lenient, if at all, they will be in assessing visa applications according to the legislative criteria.

All temporary visa holders

The acting Minister announced that any temporary visa holder who cannot support themselves financially should leave Australia “as quickly as possible”.

What travel restrictions to and from Australia apply to me?

The travel restrictions departing Australia applies to Australian citizens and permanent residents from 25 March 2020 with few exceptions. They do not apply to temporary visa holders, such as students and visitors who are ordinarily resident in another country.

However, any temporary visa holder who holds a valid visa and departs Australia but who does not meet one of the exemptions to the travel restrictions to re-enter Australia will not be able return until after the travel restriction is lifted. If their visa expires while they are overseas, they will need to apply for, and be granted, another visa.

If you are considering the need to travel and re-enter Australia, you should seek permission from Home Affairs to re-enter before you leave to avoid being barred from returning Australia.

Can I apply for an extension of my student/visitor/temporary visa?

No. There is no such thing as “extending” a visa. Once a visa is granted with an expiry date, it cannot be extended. Bridging visas are different in that they can be granted indefinitely and until an event happens, such as decision to approve or refuse a visa application. To read more about bridging visas, this page will assist.

Permanent visas are also different as they are granted for an indefinite stay with a travel facility that lasts for five years. No doubt many permanent residents have been caught out by not understanding how the travel facility operates and that they must renew this to re-enter Australia by applying for a Resident Return visa.

The only way temporary visa holders can remain in Australia lawfully is to apply for another visa. They may apply for same visa subclass they already hold, and this is what most people have in mind when they say they are applying to “extend” their visa, but this is incorrect. For example, if a student visa holder applies for another student visa and this is granted, the second student visa “replaces” rather than “extends” the first student visa as you cannot hold any two substantive visas at the same time.

I am subject to a No Further Stay/Application visa condition 8503, 8534, 8535, 8540). What can I do?

There are a number of no further stay visa conditions, including: 8503 for many Subclass 600 – Visitor visas, 8534 and 8535 for some student visas, and 8540 for some Subclass 462 – Work and Holiday visas.

Visa condition 8503 and 8540 prevents a further substantive visa grant other than a protection visa while the visa holder is in Australia.

Visa condition 8534 prevents a further substantive visa grant unless it is for either: a protection visa, a Subclass 485 – Graduate visa, or Subclass 590 – Student Guardian visa while the holder is in Australia.

Visa condition 8535 prevents a further substantive visa grant unless it is for either a protection visa, or another student visa granted on the basis of support from the Australian Commonwealth government or a foreign government while the holder remains in Australia.

All these conditions bar a validly lodged substantive visa other than those specified and continues even if the visa ceases to be in effect. Any invalid application is taken to have never been lodged.

Unless you are wanting to make an application for one of the visas allowed under the relevant condition that applies to your visa, you must seek a waiver of this condition before a further visa application can be made. Home Affairs has asked that this waiver application be made within 2 months of your visa expiring and you must provide evidence supporting your claims.

Obtaining a waiver does not mean that whatever visa you apply for afterwards will be granted. You must still satisfy that visa’s requirements.

One of the subregulations on granting a waiver request is if compelling and compassionate circumstances arises because of a major change that has occurred to your circumstances since your visa was granted over which you had no control. While the coronavirus pandemic seems to fit these normally onerous requirements, it is not known how Home Affairs will assess your matter or application. These are naturally assessed on a case-by-case basis.

There are also other situations where a waiver may be granted, including if you intend to apply for:

• a General Skilled Migration (GSM) visa;

• a Subclass 132 – Business Talent visa;

• a Subclass 186 – Employer Nomination Scheme visa

• a Subclass 187 – Regional Sponsored Migration Scheme visa;

• a Subclass 188 – Business Innovation and Investment (Provisional) visa;

• a Subclass 482 – Temporary Skill Shortage visa; or

• a Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa.

For some of the above visa subclasses which use SkillSelect, seeking a waiver is not required as the online system will automatically override (or waive) as part of the application, however, SkillSelect will not override visa condition 8535 or 8540 if they apply to your visa.

If you hold a Subclass 403 - Temporary Work (International Relations) visa under the Seasonal Worker Program stream and will be applying for a Subclass 408 - Temporary Activity visa under the Australian Government endorsed events stream, visa condition 8503 will be overridden as well.

Am I entitled to Medicare or other government benefits such as the Jobseeker allowance?

Medicare: Most temporary visa holders do not have access to Medicare, however, there are some limited exceptions covered by Ministerial Orders including for Subclass 491 – Skilled Work Regional (Provisional) visa and 494 – Skilled Employer Sponsored Regional (Provisional) visa holders.

Some foreign nationals who hold temporary visas are entitled to reciprocal Medicare. According to Services Australia, currently there are 11 countries whose nationals may be eligible for reciprocal Medicare if in Australia.

Foreign nationals who are in Australia and have applied for a permanent visa may be eligible for Medicare but generally need to either have a visa that allows them to work or are in a relationship with an Australian citizens, permanent resident or NZ citizen and can provide evidence.

Further details on who can enrol in Medicare is on Services Australia’s website.

Some temporary visa holders are required to hold private health insurance and may be able to claim medical expenses related to coronavirus. They should discuss this with their insurance provider.

Other government benefits: With the exception of very few temporary visas, most of which are humanitarian visas, temporary visa holders are not eligible for other federal government benefits. In most cases, permanent visa holders are subject to the Newly Arrived Resident's Waiting Period (NARWP) which can be for up to 4 years for certain entitlements.

Extraordinary benefits such as the JobKeeper Allowance do have some exemptions, however, these are currently restricted to certain NZ citizens.

Some state governments, however, have decided to provide some support and have created initiatives that temporary visa holders may benefit from. These include Tasmania, and Victoria.

Can I access my superannuation?

Yes, but only if suffering financial hardship. The acting Minister announced that all temporary visa holders can access up to $10,000 this financial year if they are suffering financial hardship. For student visa holders, they can access this if they have been in Australia for more than 12 months as they declared, and in some cases had to demonstrate, that they had the financial capacity to live and study in Australia for their first 12 months here.

As with Australian citizens and permanent residents, most likely they will need to register through the mygov website, according to the Australian Tax Office website.

I no longer hold any visa or I have had my visa cancelled, what do I do?

If your visa has expired or you have had a visa cancelled, you are an unlawful non-citizen and can be subject to detention and removal. Unlawful non-citizens have no work rights. You first should consider whether you might be eligible for a 408 visa due to the COVID-19 pandemic. Most likely, your only other option is to apply for a Bridging visa E which will keep you lawful. While there are many instances where a Bridging visa E is appropriate, it is likely your Bridging visa E would be granted on the basis of making suitable arrangements to depart Australia, or, if you lodged a visa application before your visa was cancelled or can lodge a substantive visa that entitles you to a bridging visa, to remain until a decision has been made.

Subclass 500 – Student visa holders

The Department of Education, Skills and Employment have their own FAQ for international students. International students needing support services will want to look at this fact sheet as well.

My school has suspended classes, what should I do?

The first step is to contact your education provider if they have not kept you updated on your enrolment. They should have been advised by the Department of Home Affairs or Department of Education, Skills and Employment about being able to defer your studies based on not being able to hold classes.

Deferring your studies effectively suspends your course of study and means that you are still enrolled in your course of study and therefore are still compliant with visa condition 8202.

My studies are deferred, what happens to my work rights?

It has been Home Affairs’ policy, even before the coronavirus pandemic, that anyone who has deferred their course will have full work rights as their course is deemed “out-of-session” and can therefore work more than 40 hours per fortnight, if this condition applies. There are exemptions to the 40-hour work limitation that are explored in this article.

All student visa holders including secondary visa holders, which are partners and children of the primary student visa holder are not allowed to commence working until the primary student visa holder’s first course has commenced since the grant of their student visa.

There are also some exemptions to work restrictions for international students who are existing supermarket employees, aged care workers, and nursing students, however, with the exception of nursing students, employers must first register and be approved before their student employee can work more than the 40-hour limitation if this applies to them.

My course has been suspended and my student visa is about to expire, what do I do?

Obviously, the longer the time the course has been deferred, the more likely you will need a new student visa for additional time to complete your course of study. Many students will likely be in the situation in the future and will have to lodge a further student visa.

If you intend to lodge a further student visa, it is very wise to lodge this application before your current student visa expires.

I have been unable to attend class due to the coronavirus pandemic. Will my student visa be cancelled?

The acting Minister has recently announced that Home Affairs will take a flexible approach if the coronavirus has prevented you from meeting certain student visa conditions, such as not attending class, which is visa condition 8202. You will certainly want to provide evidence of being affected should Home Affairs issue you with a Notice of Intention to Consider Cancellation.

I have finished my course but cannot return home?

In this situation, you may want to first consider whether you meet the eligibility criteria for a Subclass 485 – Temporary Graduate visa. This is generally the natural next visa for international graduates and is granted for at least 18 months with full work rights.

If not, then a Subclass 600 – Visitor visa under the Tourist stream might be a consideration. The issue with a 600 visa is that you must meet the genuine visitor requirement, which may be an issue.

It is not known how Home Affairs will apply the genuine visitor criteria to visitor visa applications because of coronavirus and travel restrictions.

Primary Subclass 457 – Temporary Work Skilled visa, Subclass 482 – Temporary Skill Shortage visa, and  Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa holders

My employer has shut down permanently or I have been made redundant, what happens now?

Standard business sponsors (employers who have sponsored foreign nationals for 457, 482 or 494 visas) are subject to sponsor obligations they must comply with. If they do not they will face sanctions and, if found to have breached sponsor obligations, must be placed on the sponsor sanctions register.

Parties to are labour agreement are in many circumstances subject to the same if not more obligations as standard business sponsors.

There are also sponsor obligations for temporary activity sponsors as well.

One sponsor obligation is to notify Home Affairs when certain events occur including that the business ceases to exist, goes into receivership/administration, or become bankrupt, etc. Another is if a sponsored employee has ceased work.

Should you be a 457/TSS/494 primary visa holder sponsored by a standard business sponsorship and cease employment for whatever reason, you will have 60 days (for 457 visas granted prior to 19 November 2016 it will be 90 days, so it pays to check your visa approval notice) and for 494 visas it is 90 days from the last day of your employment with your sponsor, after which you will be considered in breach of visa condition 8107/8607/8608, whichever is applicable, and Home Affairs may take steps to cancel your visa.

While automatic visa cancellations do not exist anymore, this is not the same as not providing notice that they will cancel your visa, which Home Affairs can do if you are outside of Australia. This power is pursuant to section 128 of the Migration Act 1958 (Cth).

If you have ceased work, there are two things to avoid your visa being cancelled. These are to find another sponsor and have a further 457/TSS/494 nomination approved depending on the visa you hold. If you are changing occupations and are a 482/TSS or 494 visa holder you must also apply for and be granted a further 482/TSS or 494 visa, respectively, as well. This effectively “transfers” sponsor obligations to the new sponsor. The other is to apply for and be granted a visa as the ground for cancellation will not exist as the visa condition will not exist. What visa will depend on your circumstances.

If you cannot return to your country or elsewhere and am considering a 600 visa under the Tourist stream, as above, it is not known how Home Affairs will apply the genuine visitor criteria to visitor visa applications because of coronavirus and travel restrictions.

I have been stood down by my sponsor. Am I still compliant with my visa condition to not cease work?

The acting Minister confirmed that any sponsored worker who has been stood down due to the pandemic, but not laid off, is still compliant with their visa conditions and the employer with their sponsor obligations.

Furthermore, it is Home Affair’s policy that a 457/TSS/494 visa holder on approved leave without pay (LWOP) is not considered to have ceased employment, however, extended LWOP is not considered compatible with the purposes of this visa and is generally only acceptable if it is for maternity/paternity leave, sick leave, a work based injury, or significant personal reasons. In this situation, as an employee has not ceased their employment, it is not a notifiable event for sponsor obligations nor is the 457/TSS/494 visa holder in breach of visa condition 8107/8607/8608, respectively.

Taking LWOP, even if it meets policy criteria, can affect eligibility for a permanent employer sponsored visa as unpaid leave does not count towards the Temporary Residence Transition stream requirements.

I have ceased work or have been stood down with my employer, can I work for someone else and/or work in a different occupation?

No. You are subject to condition 8107 or 8607 or 8608 depending on whether you hold a 457 or 482/TSS or 494 visa. This restricts you to working only in the approved occupation in your last successful nomination application.

You can only work for your last approved sponsor, that is, the entity that last had a 457/TSS/494 nomination approved or an associated entity if a standard business sponsor.

The only exception is for foreign nationals sponsored under a labour agreement as on-hire workers, but they can only work for the party to the on-hire labour agreement who last nominated them.

Can I work part-time for my sponsor?

Yes. Despite the standard policy of Home Affairs on part-time work not being compliant with sponsor obligations, which is below, the acting Minister announced that sponsors reducing the hours of overseas workers during the pandemic will satisfy these obligations.

If you are looking to apply for a 186 or 187 visa under the Temporary Residence Transition stream, part-time work would not count as time towards this requirement. Only full-time work counts.

Previous policy position on part-time work:

The 457, TSS and 494 visa programs are mostly only for full-time positions and this is a requirement for nominations with the policy exception of certain independent contractors occupations (highly specialised medical practitioners and non-executive directors and senior specialist managers), fractional academic appointments to Australian universities, and existing 457, TSS and 494 visa holders coming back from maternity/paternity leave and other very few scenarios.

One of the sponsor obligations is to ensure equivalent terms and conditions of employment. Unless the employee’s annual earnings are greater than the AUD 250 000 (which then excludes this obligation), then it is very likely that dropping down to part-time hours would breach this condition as the earnings would be less than what was listed in the nomination application and will be less favourable.

Policy suggests that part-time work will be accepted if it involves a graduated return from maternity leave, sick leave or a work-based injury, or significant personal reasons and that the pro-rata hourly rate does not decrease, the duties remain consistent with the position approved in the nomination application, the person was not nominated under a labour agreement which required full-time employment, and the arrangement is mutually agreed between the sponsor and worker.

This is a very high bar to meet and therefore many cases will not meet these requirements.

Subclass 600 – Visitor visa holders

My visitor visa is subject to visa condition 8558 – Not resident, what can I do?

Visa condition 8558 is a discretionary condition attached to long-term visitor visas, usually for 3-5 years in duration. They are generally attached to visitor visas of parents of Australian citizens and permanent residents. It does not allow the visa holder to maintain a residence in Australia by staying for more than 12 months in any 18 months period.

Should you breach this condition your visa will be subject to cancellation. Home Affairs suggests that you will need to apply for a new visa.

My visitor visa is subject to visa condition 8531 – Must Not Remain Beyond the Visa Period, what can I do?

Visa condition 8531 is to ensure there is no ongoing residence in Australia for the visa holder and is generally attached to visa holders under the Sponsored Family Stream. Breaching this condition, regardless of whether lawfully or unlawfully, can see the security bond the sponsor deposited for this visa to be granted forfeited. This decision is discretionary and factors outside of the visa holder’s control, such as the coronavirus pandemic, may be to the sponsor’s benefit. This will be on a case-by-case basis and it is unclear how Home Affairs will view any breach.

Most likely, visa holders with this condition also have visa condition 8503 also attached and will want to refer to the section above on this matter.

Working holiday makers – Subclass 417- Working Holiday visa and Subclass 462 – Work and Holiday visa

Has there been any change to visa condition 8547 – 6-month work limitation due to the coronavirus pandemic?

Yes. The acting Minister announced that working holiday makers who are employed in the health, aged and disability care, agriculture and food processing, and childcare sectors will be exempt from the 6-month work limitation.

If you work in these sectors, you can apply for a Subclass 408 - Temporary Activity visa under the Australian Government Endorsed Event stream further visa to remain employed if your visa will expire in the next 6 months.

I am intending to undertake my regional work shortly so I can apply for a further working holiday maker visa, what should I do?

The acting Minister announced that you will need to register on the Australia.gov website and self-isolate for at least 14 days before moving to that specific regional area. You will want to plan accordingly particularly if your visa will expire closer to the time available to undertake the necessary regional work, which is either 3 or 6 months.