ARTICLE
29 September 2023

Closure of 408 Pandemic Visa

RM
Roam Migration Law

Contributor

Roam Migration Law is an Australian immigration law firm that helps individuals and organizations navigate the complexities of global migration. With expertise in visa procurement, strategic advice, and compliance, Roam simplifies the process of moving across borders. By focusing on people over policy, Roam strives to make immigration simpler, faster, and more compassionate. With a team of experts in international migration law, Roam is dedicated to breaking through bureaucratic barriers and helping clients find their place in the world.
The COVID-19 Pandemic visa was a temporary measure to allow foreign nationals the right to stay in Australia.
Australia Immigration

We published a comprehensive article on the 408 visa on 24 April 2020, shortly after the subclass 408 visa, under the Australian Government Endorsed Event Stream for COVID-19 Pandemic visa was announced (the COVID-19 visa).

The "COVID-19 visa" has proven to be a lifeline for many visa holders who would otherwise not qualify for more traditional sponsored visa categories, such as the subclass 482 visa.

On 31 August 2023, the government announced that the COVID-19 visa was to cease. The changes meant that those wanting to apply for their first COVID-19 visa needed to ensure their application was lodged before 1 September 2023 (11.59pm).

The relevant legislative instrument allowing for this change is the Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023, which amends LIN 22/046. This Instrument commenced on 2 September 2023.

What is the effect in simple terms?

This change effectively closes the 'COVID' stream of this visa subclass to new applications from 2 September 2023. The cut-off for existing visa holders wanting to apply for subsequent COVID 19 visa is until 1 February 2024.

Further, the instrument includes the following changes:

  • applications made up to and including 1 September 2023 will continue to be assessed under the criteria in LIN 22/046;
  • a visa application charge will be imposed for eligible applications for this visa from 2 September 2023 (currently $405 noting that each family member will now be required to also pay and apply separately);
  • visa applications lodged before 2 September 2023 will be considered for 12 months validity and 2 years for Temporary Graduate, subclass 485 visa holders;
  • those lodging a visa application on or after 2 September 2023 must already hold a Pandemic Event visa that expires in 28 days or less;
  • visa applications lodged on or from 2 September 2023 will be considered for up to 6 months stay.

How do you qualify for a subsequent COVID-19 visa?

If you apply on or after 2 September 2023, at time of application you must:

  • have evidence of your employment or an offer of employment and
  • hold a COVID-19 Pandemic event visa that expires in 28 days or less or
  • have held a COVID-19 Pandemic event visa that expired less than 28 days ago.

Conclusion

The COVID-19 Pandemic visa was always going to be a temporary measure to assist us in allowing foreign nationals the right to stay in Australia during a time when our borders closed. As we know, the visa went beyond that exception and has continued in operation for more years than anticipated. We always knew the time would come when it would cease, that time has now arrived, albeit still with some concessions available to those who qualify.

In summary, if you applied for a COVID-19 Pandemic visa prior to 2 September 2023, your visa will be assessed for a 12 month validity, and 485 visa holders for 2 year validity. If you applied from 2 September, your visa will be assessed for 6 month validity.

If you are unsure or still unclear about any of the changes, or require us to assist you with a subsequent COVID-19 visa, please do not hesitate to reach out to us.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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