1 Name
This instrument is the Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022.
2 Commencement
This instrument commences on the day after it is registered.
3 Application
This instrument applies to applications made on or after 21 February 2022.
Note Applications made under Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020, before the commencement of this instrument, can be assessed against the criteria specified in that instrument.
4 Definitions
In this instrument:
COVID‑19 pandemic means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID‑19.
relevant temporary visa means a substantive temporary visa other than a Subclass 403 Seasonal Worker visa.
Subclass 403 Seasonal Worker visa means a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream.
Subclass 408 visa means a Subclass 408 (Temporary Activity) visa.
substantive temporary visa means a substantive visa other than a permanent visa.
work rights means a visa that permits work.
Note permanent visa, substantive visa and temporary visa are defined in the Migration Act 1958.
5 Event
For paragraph 408.229(b) of Schedule 2 and subclause 9204(2) of Schedule 13 to the Regulations, the COVID-19 pandemic is specified.
6 Class of persons
(1) For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant mentioned in subsection (2), (3), (4) or (5) is in a specified class of persons for the event mentioned in section 5.
(2) An applicant who, at the time of application:
(a) is in Australia; and
(b) is working, or in receipt of an offer to work, in Australia; and
(c) 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.
(3) An applicant who, at the time of application:
(a) last arrived in Australia before 21 February 2022; and
(b) is in Australia; and
(c) is working, or in receipt of an offer to work, in Australia; and
(d) either:
(i) holds a substantive temporary visa without work rights that is 90 days or less from ceasing to be in effect; or
(ii) held a substantive temporary visa without work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.
(4) An applicant who, at the time of application:
(a) is in Australia; and
(b) is employed by, or in receipt of an offer of employment from a Commonwealth funded aged care service; and
(c) either:
(i) holds a relevant temporary visa that is 90 days or less from ceasing to be in effect; or
(ii) held a relevant temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.
(5) An applicant who, at the time of application:
(a) is in Australia; and
(b) either:
(i) holds a Subclass 403 Seasonal Worker visa that is 90 days or less from ceasing to be in effect; or
(ii) 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
(c) is employed by, or in receipt of an offer of employment from, an approved employer under the Seasonal Worker Program.
7 Visa application charge
For subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations, the visa application charge is nil for the classes of persons mentioned in section 6.
Note visa application charge is defined in the Regulations.
8 Repeal
Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 is repealed.