What are the options for Seasonal Visa Holders (Subclass 403)?
- Seasonal visa holders and Pacific workers whose visas are expiring can apply for a further visa to allow them to stay in Australia and support the agriculture sector.
- Seasonal Worker Programme workers with visas due to expire will be able to apply for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream. (COVID-19) pandemic event if you are already in Australia; have ongoing work in a critical sector; are not eligible for a further visa and are unable to return to your home country due to COVID-19 border restrictions.
- Pacific Labour Scheme workers with visas due to expire can apply for a new Temporary Work (International Relations) (subclass 403) Pacific Labour scheme stream visa.
- You are exempted from the government’s requirement to work for a single employer and be able to move between approved employers during COVID-19.
- If you cannot meet your immediate living expenses then you can access up to $10,000 of their Australian superannuation tax-free in the 2019-20 financial year.
What should I do if I am on a TSS visa and 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.
What are my options if I have lost my job and am on a TSS visa?
If you are on TSS Visa and have lost your job you have the following options:
- Those who are laid off should find another employer within 60 days or make arrangements to depart Australia, where this is possible.
- Those who have been laid off and who cannot find another employer to sponsor them should make arrangements to depart Australia.
- If you cannot return to your home country you need to apply for another visa to maintain lawful residence in Australia.
- Where you have been stood down by your employer or had your hours reduced but remain employed, you can access up to $10,000 of your Australian superannuation tax-free in the 2019-20 financial year.
Subclass 500 – Student Visa Holders – COVID-19 Pandemic FAQ’s
Will student visa holders be in breach of visa conditions if they are unable to attend face to face classes due to COVID-19?
Universities and educational institutions have moved from face to face to online learning. Most universities and educational institutions will not require international students to be in Australia while online learning is permitted. Student visa holders will not be in breach of their student visa conditions due to the move to online learning.
What are the additional employment opportunities available to student visa holders due to COVID-19?
The Government has temporarily relaxed the enforcement of the 40-hour a fortnight work limitation in some critical sectors. The arrangements only apply to international students who are in existing roles in the sectors listed below:
- employed in the health sector, enrolled in a health related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID-19
- employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider
- employed by a registered National Disability Insurance Scheme provider
- employed by registered supermarkets (this temporary measure ceased on 1 May 2020 for supermarkets).
What are the options for the students who are unable to support themselves?
International students are encouraged to rely on family support, part-time work where available and their own savings to sustain themselves in Australia.If they are unable to support themselves then they:
- should make arrangements to return to their usual country of residence, noting that it is a condition of all student visas that holders have access to funds to support themselves in Australia.
- If they have held a student visa for 12 months or longer and cannot meet their immediate living expenses, they can access up to $10,000 of their Australian superannuation tax-free in the 2019-20 financial year.
- State/territory governments have also announced emergency funds to support international students during the pandemic.
What are my options if I am a working holiday visa holder working in the critical sectors?
The Government is providing flexible arrangements for Working Holiday visa holders working in the critical sectors of agriculture, food processing, health care, aged care, disability care and child care.
- Working holiday visa holders working in these critical sectors will be exempt from the six-month work limitation with one employer and will also be eligible for a further visa to continue working in these sectors if their current visa is due to expire in the next six months.
- If a Working holiday visa holders is working in the critical sectors but is not eligible for a further visa and is unable to return to their home country, they can apply for a Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa.
- Working holiday visa holders who are applying for this visa to work or continue working in a critical sector must have evidence from their employer that they have ongoing work that an Australian citizen or permanent resident cannot do.
What are my options if I am a working holiday visa holder not working in the critical sectors?
- You can return back to your native country if you are in a difficult position to support yourself.
- If you are unable to travel back and cannot meet your immediate living expenses, you can access up to $10,000 of your Australian superannuation tax-free in the 2019-20 financial year.
- 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.
- 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.
Please note the following:
- Critical sector, like health care, cannot be classified as ‘specified work’ for the purpose of applying for a second or third WHM visa. Also, work undertaken on the Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa does not count as specified work for the purpose of applying for a second or third WHM visa
- It is not possible to extend the validity your WHM visa if you have had to leave Australia during the specified work tenure and you wish to return to Australia in the future, you will need to apply and meet the requirements for an appropriate visa.
- You can only be granted a Temporary Activity (Subclass 408) Australian Government Endorsed Event (AGEE) visa (COVID-19) pandemic event if you are already in Australia; have ongoing work in a critical sector; are not eligible for a further visa and are unable to return to your home country due to COVID-19 border restrictions.
New Zealanders and Australians have reciprocal arrangements which permit them to stay and work in each other’s countries.
Can New Zealand 444 Special Category Visa (SCV) holders access any support in Australia?
If you are a protected SCV New Zealand citizen and meet other eligibility requirements, you will be eligible for all welfare payments, including the Job Seeker and Job Keeper payments. A person is a protected SCV New Zealand citizen holder if they fall within one of the following groups:
- in Australia on 26 February 2001
- in Australia for 12 months in the 2 years immediately before this date
- assessed as a protected SCV by Services Australia holder before 26 February 2004.
If you are not a protected SCV New Zealand citizen and you hold a SCV 444 visa, you will still be eligible for the Job Keeper payments through your employer.
Can New Zealand 444 Special Category Visa (SCV) access their Australian superannuation?
Under recently announced measures, New Zealand citizens and permanent residents can access up to $10,000 of their Australian superannuation tax-free in 2019-20 and a further $10,000 in 2020-21.
