Attention Employer Sponsored Temporary Visa Holders!

If you are a Temporary Skill Shortage visa holder, you might be wondering what you need to do if you have been stood down or noticed that your working hours have been reduced. Here at Australia Migration Services, we have been noticing an influx of migrant workers who are seeking further guidance during this unprecedented economic recession.

In order to be impartial to those that are facing difficulty, the Australian government had announced a condition that Temporary Skill Shortage visa holders who have been stood down, but not laid off, will be able to maintain their visa validity and businesses will have the opportunity to extend their visa.

What does this mean for employers?

As a consequence of this government initiative, business owners will 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.

Employers should also consider:

  • the pro-rata hourly rate of the approved nominated salary of the sponsored person does not decrease
  • the role and duties conducted by the sponsored person remain consistent with the position approved at nomination
  • the nominee is not employed under a Labour Agreement which was restricted to full-time arrangements only
  • this arrangement is mutually agreed upon by the sponsor and sponsored person. Sponsors should maintain written evidence to demonstrate this agreement and document the reason for the change.

Holders of subclass 457 and 482 visas will be able to access up to AU$10,000 of their superannuation this financial year. An application should be made directly with your superannuation fund provider.

Temporary work visa holders working in crucial sectors such as healthcare, aged care or agriculture may be eligible for a COVID-19 pandemic Temporary Activity Visa (subclass 408). Some of the criteria that needs to be met include:

  • Holding a visa that is 28 days or less from ceasing to be in effect; or
  • holding a visa that is no more than 28 days from ceasing to be in effect; and
  • unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa
  • Allowing holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services
  • Being part of a response to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health.

The nature of the migration industry is that it never stays the same and is always changing. We understand that for many migrants, it will not be easy to keep up with these changes and stay put to whatever news is announced by the Department of Home Affairs or the Australian Government. To find out more about your visa options or latest migration news, speak to one of our MARA registered migration consultants.