COVID-19: 408 visa expands to agriculture, child care, disability care, food processing, health care sectors

As the job of containing the coronavirus pandemic continues and with minimal international border movements, to sure up critical sectors that rely on temporary workers, changes have been made to who can be granted a Subclass 408 - Temporary Activity visa under the Australian Government Endorsed Event, otherwise known as the COVID-19 Pandemic event.

The amending instrument, which commenced yesterday and will apply to any application not yet decided, adds those who cannot meet the requirements for any other substantive visa but who are employed, or who have an offer of employment, in the agriculture, child care, disability care, food processing, and health care sectors. These sectors join the aged care sector.

Additionally, those holding a Subclass 403 – Temporary Work (International Relations) visa in the Seasonal Worker Program stream, or who were the holder of a 403 visa that ceased no more than 28 days before applying, can also apply for a 408 visa, however, they must be employed or have an offer of employment only in the agriculture sector and from an approved employer under the Seasonal Worker Programme.

People that belong to either class can make an application when their temporary substantive visa will cease within 90 days. This has increased from 28 days. If they do not hold a substantive visa, they can apply within 28 days of when their substantive visa expired. Importantly, if they do not hold a substantive visa, they cannot apply if they have had a visa refused or cancelled since last entering Australia.

The requirements for those not employed and are applying for a 408 visa as a visa of last resort because they are unable to depart Australia due to COVID-19 travel restrictions have not substantially changed. The increase from 28 days to 90 days from when they can make an application does not apply for these people.

While Australia has done relatively well in suppressing COVID-19, sectors and industries that are reliant on temporary visa holders do not have access to potential new workers due to ongoing concerns with how other countries have handled COVID-19. These amendments are designed to sure up these industries by offering a further 12-month visa with work rights.