This article has been written in collaboration with Nicole Kirkwood, Director of Australian Visa and Immigration Experts (AVIE) and Registered Migration Agent (MARN: 0962323).
The Temporary Activity visa (subclass 408) is not new. Prior to the COVID-19 pandemic, the Temporary Activity visa (subclass 408) was used for travelling to and staying temporarily in Australia for events or activities such as sporting events, film and television productions, research, cultural exchanges and Australian Government endorsed events.
In 2020, as a temporary solution for temporary visa holders in Australia that were affected by the pandemic, the Australian Government created two COVID-19 Pandemic event streams within the subclass 408 visa. The government’s instruction for this visa is that it should be used only as a last resort when there are no other visa options available to you.
What does the Temporary Activity visa (subclass 408) COVID-19 Pandemic event stream allow?
1. If you work in a specified critical sector, the COVID-19 Pandemic event stream allows you to remain in Australia while the visa is processing and then to work in Australia for a period of up to 12 months.
Or
2. Remain in Australia while the visa is processing and, once granted, for a period of up to 3 months because you have no other visas options and cannot leave.
In 2021 the Australian Government amended the event to add new sectors of work and add a Post COVID-19 Economic Recovery event.
What are the eligible critical sectors?
- Agriculture
- Food processing
- Health care
- Aged care
- Disability care
- Child care
- Tourism and hospitality
What has changed?
In May 2021, tourism and hospitality were added as new sectors that the government considers a critical need and the eligibility period to apply was defined.
If you work in one of the sectors, can you apply?
If you have no other visa options, are within 90 days of your visa expiring, or within 28 days of your last substantive visa, you may be able to apply.
You must also have evidence of employment from your employer, or a job offer, and show that no Australian citizen or permanent resident can fill the position.
What if you do not work in a critical sector and you have no other visa options?
You may be able to apply for this visa if you can show that you cannot depart Australia, you have no other visa options, are within 90 days of your visa expiring, or within 28 days of your last substantive visa.
Should you apply for the subclass 408 visa?
Only if you have no other options. Before you apply for this visa, you may wish to consider other options such as student visas, visitor visas, employer-sponsored visas, partner visas or one of the many other visas you may be eligible for in Australia.
A word of warning
When you apply for this visa, you will get a bridging visa. However, being on a bridging visa may limit your future visa prospects. For example, once you are on a bridging visa, you may not be able to apply for a different visa if you find a more suitable visa for you.
Consider your long term goals before you apply for the Temporary Activity visa (subclass 408).
Where can you learn more about the visa?
The Department of Home Affairs has information about this visa – click here.
Where can you learn more about if you are eligible or advice on whether you should apply for a subclass 408 visa?
Contact a Registered Migration Agent or a legal practitioner for their advice on your situation.
