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Updates to the COVID-19 Pandemic Event (Subclass 408) visa (and other temporary visas)

By 3 March, 2022November 17th, 202241 Comments4 min read

On 2 March 2022, Minister Hawke announced further concessions for holders of a number of visas in support of Australia’s COVID recovery, including for the COVID-19 Pandemic Event (Subclass 408) visa. These changes are in addition to previously announced enhanced pathways to permanent residence for TSS visa holders and concessions for Student and Graduate visa holders.

COVID-19 Pandemic Event (Subclass 408) visa

At the moment, the COVID-19 Pandemic Event (Subclass 408) visa is available with no visa application charge for 12 months for any person working in, or with an offer to work in one of the target sectors of agriculture, food processing, health care, aged care, disability care, childcare, and tourism and hospitality. It has been a useful visa for both individuals and employers in those target sectors. Visa applicants must also be within 90 days of their current visa expiry.

With the new changes, temporary visa holders with work rights will be able to access the COVID-19 Pandemic Event (Subclass 408) visa incurring no visa application charges in any sector. The duration will be limited by the sector to a period of:

  1. 12 months if they work in the key sectors of agriculture food processing health care aged care disability care childcare tourism and hospitality; and
  2. 6 months if they work in any other sector.

The new arrangements will only be available for COVID-19 Pandemic Event (Subclass 408) visa applications made on or after 21 February 2022 by:

  • Temporary visa holders who were in Australia prior to 21 February 2022; or
  • Temporary visa holders who arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application.

Removing sector limitation for eligibility for the COVID-19 Pandemic Event (Subclass 408) visa will provide further support to Australian businesses who are struggling in the face of a severe talent shortage. It can also act as a highly valuable and strategic visa for temporary migrants who are working or are able to work in a range of sectors across the economy (for example individuals looking to build experience in order to obtain an employer sponsored visa).

Quick summary of changes

Temporary visa holders may be eligible for a COVID-19 Pandemic Event (Subclass 408), with no government fee if:

  1. they have a visa which permits work;
  2. they have less than 90 days until visa expiry;
  3. have been in Australia prior to 21 February 2022 or arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application;
  4. have an employment contract or an offer of employment in Australia.

Note that these concessions are subject to ongoing review.

Other key updates

Other key updates include:

  1. Skilled Recognised Graduate (Subclass 476) visas – extensions of 24 months for those engineering graduates who lost time due to border restrictions; and
  2. Training (Subclass 407) visas – removing the limit on working hours for secondary visa holders across ALL sectors of the economy.
  3. Open borders – Australia’s borders opened to fully vaccinated international travellers on 21 February 2022. Restrictions are still in place for unvaccinated travellers. Please review the Department website regularly due to the changing nature of the requirements.

More information?

To see how a COVID-19 Pandemic Event (Subclass 408) can be used to strategically assist you in achieving your immigration outcomes, feel free to contact us by email at [email protected] or phone (03) 9016 0484 or (02) 8005 1484 for information about how we can help you.

THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION.
Mihan Hannan

Author Mihan Hannan

Formerly a Senior Associate in one of Australia’s most reputable immigration litigation and review practices, Mihan is solutions focused and well versed in all aspects of Australian immigration law. Mihan also has a subscription addiction, being obsessed with tools to improve the firms immigration work flow.

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Join the discussion 41 Comments

  • Maegan says:

    I am about to apply for this covid 19 pandemic event visa. How much do you charge to help out with the application process?

    • admin says:

      Hi Maegan,
      They are fairly simple so usually you can probably do this yourself.
      If you do require our assistance, our fees are $1,100.
      Kind regards,
      Hannan Tew

  • John says:

    Im currently on a 400 visa under an employer and will be expiring after a month i received a job offer from a different company can i go with the 408 visa under a new employer?

    • admin says:

      Hi John,
      That depends – if you have condition 8503 you are prevented from most onshore visa applications.
      If not, then you can might be able to apply for the 408 (depending on whether you meet eligibility requirements).
      Feel free to contact us at [email protected] to assess.
      Kind regards,
      Hannan Tew

  • Marina says:

    Hey there,
    I’ve applied for the covid visa but I haven’t done the medical exam, do I need to do it or wait for them to ask me?
    Also… my sister is getting married in Paris in October. People are saying that it’s taking months to get out of the bridging visa and get the visa approved. Is that true?

    • admin says:

      Hi Marina,
      Whether you need medicals actually depend on your circumstances so you can wait until a request from the Department if you have no rush.
      Secondly, the visa process can take some time – if you need to travel whilst holding a BVA, you can apply for a BVB.
      Feel free to contact us at [email protected] if you’d like our assistance.
      Kind regards,
      Hannan Tew

      • Sai says:

        Hi I have been granted covid visa for 1 year. Can I work 2 jobs during that time

        • admin says:

          Hi Sai,
          The Migration Institute of Australia have advised that the Department are implementing a less restrictive policy on vis condition 8107 work limitation for visa holders to allow unrestricted work during this period. However, feel free to contact us at [email protected] to discuss in more detail.
          Kind regards,
          Hannan Tew

  • Caspar says:

    Hi, I just got my covid visa granted this week, and I am wondering if I would be able to apply for another visa (e.g., company sponsorship or DAMA) once this covid visa expires? Thank you.

    • admin says:

      Hi Caspar,
      Thanks for reaching out.
      Yes, there’s nothing preventing you from applying for a further visa (unless you have a no further stay condition).
      Feel free to contact us at [email protected] if you want to discuss your options.
      Kind regards,
      Hannan Tew

  • Juliet says:

    Hello, my partner and I are applying for 408 and when attaching documents, there is a section for “Sponsorship” documents. The Visa information did not include this information, so we’re really struggling to figure out what it is. Are there any sponsorship documents that are necessary for COVID-19 408 Visas?

    • admin says:

      Hi Juliet,
      We don’t have access to your application so can’t be clear, but the COVID-19 stream on the basis of employment does not require a sponsor.
      Feel free to reach out to us at [email protected] if you’d like our assistance.
      Kind regards,
      Hannan Tew

  • suman says:

    hi, just wanna ask, I am going to apply for a 408 visa. we can apply for any other visa after this visa, like 491 or a further student visa.

  • Nhi says:

    Hi,
    I’m curently holding a 408 visa and its expiring in November. Would it be possible for me to apply for another 408 if I work in a critical sector?

    • admin says:

      Hi Nhi,
      Assuming your 408 does not have a “no further stay condition”, there shouldn’t be anything precluding you from filing a further application.
      Feel free to contact is if you would like our assistance.
      Kind regards,
      Hannan Tew

  • Nat says:

    Hi,
    Im holding a Covid Visa 408 it expires on June 2023. Im about to apply at the end of August for Temporary Graduated Visa 485. So my question is if the 408 visa will be canceled inmediatly or my bridging visa of 485 will start when 408 expired???

    • admin says:

      Hi Nat,
      Without knowing your eligibility, if you are issued a Bridging Visa associated with your 485 visa, it will come into effect following your 408 visa (assuming you are in Australia at the time).
      It will then stay in effect until a decision is made on your 485.
      Good luck!
      Hannan Tew

  • Julia says:

    I am applying for a 408 Visa and I work in a critical sector. Do I only upload by Employment Contract for evidence of employment? Do I also need to submit a letter from my employer? If so what does the letter have to include?

    • admin says:

      Hi Julia,
      The employment contract is usually sufficient for the purposes of the 408 visa (an additional letter from the employer is not required).
      Good luck!
      Hannan Tew

      • Akshay says:

        Hi there, my 485 visa is ending on nov 15 and my employment contract is ending on 11 NOV will I be able to apply for covid visa without a contract? My employer told if you have a visa then we will be able to provide you a employment contract,

        • admin says:

          Hi Akshay,
          The relevant legislative instrument actually just says that you need to be “in, or in receipt of an offer to work, in Australia”, so our advice is that you should provide an employment offer to ensure you don’t get refused. You might tell your employer to add a clause that simply says the offer is subject to you having a visa with work rights in Australia.
          Feel free to contact us at [email protected] if you’d like to discuss this further.
          Kind regards,
          Hannan Tew

  • Julia says:

    Another question re-408 Covid Visa. Under “Event Details” what would you put here? If you work in a critical sector would you list details of that role here ( similar to job description)

  • Ben says:

    Hi,

    I need a time to get English score for 485 visa. Can I apply for 408 visa?

    Is there any issues if I apply for 485 visa in the future? Because my current visa expiring soon.

    • admin says:

      Hi Ben,
      It’s complex, but in principle you only need to hold a Student visa in the last 6 months before you apply for the 485 from onshore (so you could apply of a BVA on the basis of your 408 visa).
      However, there are a number of considerations so feel free to book a consultation by emailing [email protected] to discuss this in detail.
      Kind regards,
      Hannan Tew

  • Julia says:

    Hello,

    If adding a Defacto spouse to the 408 visa, do they need to fill out the “Subsequent Entrant” application as well? I have filled this out, however it is requiring payment however the 408 Covid-Visa is supposed to be free?

  • Aiman says:

    Hi,

    I applied for 408 visa in december last year and at the end of august this year I was asked to submit medical which I did, would you mind giving me the rough idea of how long should I wait for the visa to be granted? as you can see I have been waiting for it for 8 months.

  • Haze says:

    Hi,
    I am currently on Covid Visa and expiring on 02 October 2022. Is it safe to apply for another covid visa or is it better to go back to student visa? I am planning to get my skill assessment when I apply for a new visa but confused because one of my friends said that it is risky to apply for another covid visa.

    Thank you.

    • admin says:

      Hi Haze,
      There’s no technical limitation from applying for a second 408 visa, however bear in mind that the visa has a “genuine temporary entrant” criterion.
      To be safe, you should include an explanation of how you meet the GTE requirements when applying for a second visa.
      Feel free to contact us at [email protected] if you’d like our assistance with this, or would like to consider other visas.
      Kind regards,
      Hannan Tew

    • Stalin says:

      Hi,
      Did apply any other visa after covid

  • Shadi says:

    Hi Hannan Tew Lawyers Team,

    I have a 3-year contract/job offer from a university in Melbourne and they have advised me to apply for a 408 visa from outside Australia. I had three questions:
    1. I’ve read that the 408 visa is valid maximum 12 months. Does that mean I should renew my 408 three times/ once per year for my contract?
    2. If it’s granted to me, can I invite my parents to visit me in Australia during the time I have it?
    3. Is it possible to go on to another visa type from 408 without leaving Australia, should the criteria for that visa be met? I have been told to look into Global Talent and a few other permanent residence pathways that match my background but unsure if legally it’s possible.

    Thank you so much
    Shadi

    • admin says:

      Hi Shadi,
      I’m assuming that you are referring to the 408 visa under the Research stream (instead of the COVID stream)? If so:
      1. the duration can be up to 2 years;
      2. there is no mean to include parents so you’d have to consider another visa;
      3. as long as the visa is not granted with a no further stay condition you can consider another visa in Australia.
      Feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Sai says:

    I am currently 485 Visa which is expiring in next August 2023 what are the chance to apply to COVID Visa I am working as DataAnalyst in Health sector.

    And what is your best suggestion on my case please let me know waiting for your replay.

    Many Thanks
    Sai

    • admin says:

      Hi Sai,
      Assuming the COVID-19 visa stream is still open 3 months before your current visa expiry, then you should not have issues obtaining that visa.
      However, if you’d like to discuss your overall permanent residence options, feel free to contact us at [email protected] to discuss.
      Kind regards,
      Hannan Tew

  • Siri says:

    Hi,

    My current 408 Covid visa is ending within 90 days in Oct 2023. Can I apply for another 408 Covid visa ? If so would you be able to help ? Thank you

    • admin says:

      Hi Siri,
      There’s nothing stopping you from applying for a further 408 visa at this stage (assuming you meet other eligibility).
      Feel free to contact us at [email protected] and one of our lawyers should be able to help.
      Kind regards,
      Hannan Tew

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