As the planned opening of Australia’s international borders continues to be delayed, hospitality and tourism, two industries that have relied heavily on temporary overseas labour and mostly in the form of backpackers and student visa holders, have suffered from a shortage of workers in Australia’s “snap-back” economic recovery.

In response, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Aff​airs announced yesterday that the hospitality and tourism sectors will receive a boost in whatever available foreign labour remains with two key measures.

Hospitality and tourism listed as critical sectors for 408 visas under the COVID-19 Pandemic event

The hospitality and tourism sectors will be added to the list of critical sectors under the Subclass 408 – Temporary Activity visa under the Australian Government Endorsed Event stream (COVID-19 Pandemic event).

The 408 visa can be used by those whose current substantive visa will expire shortly or has recently expired, have no other substantive visa options and who are either employed, or in receipt of an offer of employment from, an employer operating in a critical sector. Hospitality and tourism will be added to the existing list of aged care, agriculture, child care, disability care, food processing, and health care sectors.

As yet, the legislative instrument that provides for this visa to be granted has yet to be amended.

Student work restrictions lifted for those employed in the hospitality and tourism industries

An additional measure is that work restrictions should they apply will be lifted for student visa holders who are employed in either sector.

Visa condition 8105, which is imposed on all student visas granted to primary applicants, requires visa holders who have started their course and who are not studying a master’s degree by research or doctoral degree to be subject to working only 40 hours per fortnight while their course is in session and have unrestricted work rights when their course is out of session.

Visa condition 8104, which is imposed on all student visas granted to secondary applicants, partners and children of the primary visa holder, enables them to work up to 40 hours per fortnight unless the primary visa holder is studying any master’s degree or a doctoral degree. In both situations, though, visa holders can only work once the relevant course has commenced.

In keeping with policy changes to those employed in aged care, health care, agriculture and under a registered National Disability Insurance Scheme provider, any student visa holder who is employed in the hospitality or tourism sectors can work more than 40 hours per fortnight.

The Department of Home Affairs’ website, however, has yet to be updated. There will be no legislative amendments to the Migration Regulations 1994 (Cth). Instead it is the Department’s policy that they will turn a blind eye and not cancel any breach of this visa condition or refer breaches for prosecution as these are offences under the Migration Act 1958 (Cth).

What is unclear from this announcement is whether these sectors will also be added to the critical sectors exempt from inbound travel restrictions, or whether some occupations will be added to the Priority Migration Skilled Occupation List.