Australian Government Removed Some Regulation for Visa 408 Australia

The Australian government announced a new regulation which commenced on 16 March 2022 for Visa 408 Australia. The new law is generally applicable for the applications made on or after 21 February 2022.

The purpose is to broaden the types of work that an applicant can undertake or have a job offer to be eligible for a Visa 408 Australia by removing the restriction on work in critical areas.

Find the details below.

Previous Eligible Classes of Person for Visa 408 Australia

The Australian government previously offered visa 408 Australia – Covid-19 Pandemic Event Visa for certain classes of person only. The definition of classes of persons was regulated on Instrument 20/229. The definition is:

The eligible class of persons for Visa 408 Australia, at the time of application, the applicant:

a. Is in Australia; and

b. Is unable to depart Australia as a result of the Covid-19 pandemic; and

c. either:

(i) is the holder of a substantive temporary visa, which has a condition attached prohibiting the holder from working in Australia; or

(ii) Is the holder of a substantive temporary visa that is 90 days or less from ceasing to be in effect; or

d. Was the holder of substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and

e. Is unable to make a valid application, or meet the criteria set out in Schedule 2 to the Regulations, for:

(i) A visa of the same Subclass as the visa mentioned in paragraph (c); or

(ii) A substantive temporary visa of any other subclass other than a Subclass 408 visa.

f. Is in receipt of an offer of employment from an approved provider or a service provider of a Commonwealth-funded aged care service to undertake work in the aged care sector

g. Is employed by, or in receipt of an offer of employment from, an employer in the:

(i) Aged care sector; or

(ii) Agriculture sector; or

(iii) Child care sector; or

(iv) Disability care sector; or

(v) Food processing sector; or

(vi) Health care sector; or

(vii) Tourism and hospitality sector.

h. Is the holder of a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream that is 90 days or less from ceasing to be in effect; or

i. Was the holder of Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made;

In relation to employment in the agriculture sector, the applicant must be employed by, or in receipt of an offer of employment from, an approved employer under the Seasonal Worker Programme.

Read more: Changes for Visa 408 are in Place as Part of Australia Economy Recovery

Updated Definition of Classes of Person for Visa 408 Australia

The new definition of classes of persons for Visa 408 Australia is now regulated in Instrument 22/046. The new definition is:

The eligible class of persons for Visa 408 Australia, at the time of application, the applicant:

a. Is in Australia; and

b. Last day arrived in Australia before 21 February 2022; and

c. Is working, or in receipt of an offer to work, in Australia; or

d. Is employed by, or in receipt of an offer and employment from a Commonwealth-funded aged care service; and

e. Either:

(i) Holds a relevant temporary visa with work rights that is 90 days or less from ceasing to be in effect; or

(ii) Held a relevant temporary visa with work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; or

j. Holds a subclass 403 Season Worker visa that is 90 days or less from ceasing to be in effect; or

h. Held a Subclass 403 Seasonal Worker visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and

l. Is employed by or receives an offer of employment from an approved employer under the Seasonal Worker Program.

Read more: Updated Specified Work and Areas for Working Holiday Visa (subclass 417) in Place

Let’s Highlight the Changes!

Comparing the previous and updated regulation for Visa 408 Australia, we can see a big difference that the Australian government has removed:

• Definition of the specified key sector on the new regulation
• Definition of person who are unable to leave Australia due to COVID-19 pandemic on the new regulation

The removal of those aspects of the new regulation aligns with the Australian government’s goals that a broad type of work is available for those who plan to apply for Visa 408 Australia.

Read more: Update 2022: Student Visa and WHV Holders Will Get Their Visa Fee Refunded

Who is eligible for the new regulation of Visa 408 Australia?

The new regulation is applicable for those who apply for the visa on or after 21 February 2022 and were in Australia before 21 February 2022 and are working or intending to work in Australia.

If you have lodged an application for Visa 408 Australia before 21 February 2022, you must still meet the definition of a class of persons in Instrument 20/229 and your application will continue to be assessed under the arrangements applicable at the time it was lodged.

Read more: Entering Australia in 2022: Digital Passenger Declaration to Replace Incoming Passenger Card

What does it mean to you?

It means you do not have to work in the critical sectors to be eligible for Visa 408 Australia if you have arrived in Australia before 21 February 2022 and have lodged an application for the visa after 21 February 2022. You can remain in Australia for 6 months as long as you are working or have a job offer to work in any other sector in Australia.

So, you will have a broad chance to be granted the visa! Isn’t it great?

In addition, you can work or accept a work offer from a broad type of work. There will be unlimited work options for you!

Let’s check your eligibility for Visa 408 Australia!

If you have arrived in Australia before 21 February 2022 and have remained in Australia since then, you may try to check your eligibility for Visa 408 Australia now.

We fully understand that applying for a visa to Australia is certainly very complicated. It is even more challenging during the COVID-19 pandemic. Our visa specialists at ONEderland Consulting will help you assess your visa options. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.

We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.

Take the first step and get in touch with us. Our team members are professional, honest and speak various languages such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone on 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.