A new instrument for the subclass 408 – Temporary Activities visa under the Australia Government endorsed events (COVID-19 Pandemic event) was registered late last week.

Even with international borders opening and sweeteners for temporary visa holders with work rights, the rumours of the “COVID” visa’s demise were short-lived when the Minister for Immigration, Citizenship, Migrant Services and Multicultural Aff​airs announced doing away with the need to be working in a critical sector.

All sectors are now considered critical enough to retain existing and prospective workers, however, the grant duration will be 12 months for those working in the agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality sectors and 6 months otherwise.

Designed to arrest skill shortages in Australia, primarily due to the more virulent omicron variant, the new instrument creates three new definitions:

relevant temporary visa – a substantive temporary visa other than a subclass 403 – Temporary Work (International Relations) visa in the Seasonal Worker Program stream.

substantive temporary visa – a temporary visa that is not a bridging visa. This definition also excludes permanent visas.

work rights – a visa that permits work.

The four classes of people are all required to be in Australia at the time of applying, and are either:

1. Working or in receipt of an offer to work in Australia and either holds a relevant temporary visa with work rights that is 90 days or less from ceasing or held such a visa that ceased to be in effect no more than 28 days before making an application.

2. Last arrived in Australia before 21 February 2022 and is working or in receipt of an offer to work in Australia, and either holds a substantive temporary visa without work rights that is 90 days or less from ceasing to be in effect or held such a visa that ceased to be in effect no more than 28 days before making the application.

3. Employed by or in receipt of an offer of employment from a Commonwealth funded aged care service and either holds a substantive temporary visa that is 90 days or less from ceasing to be in effect or held such a visa that ceased to be in effect not more than 28 days before making the application.

4. Employed by, or in receipt of an offer of employment from an approved employer under the Seasonal Worker Programme and either holds a Subclass 403 – Temporary Work (International Relations) visa in the Seasonal Worker Program stream or held that visa which ceased to be in effect not more than 28 days before making the application.

Of course, there are other requirements to this visa application, which applicants will want to ensure they meet as well.

It is quite possible there is some overlap between classes, such as those working in aged care, however, this should not affect the length of visa grant.

The carve-out for 403 visa holders in the Seasonal Worker Program stream is to restrict them to working only for approved sponsors, however, this restriction appears to be ineffectual if they are applying for a second 408 COVID visa.

Perhaps it is expected that by the time a second COVID visa application can be made, the pandemic will be considered over and so will the COVID visa.