Is there a pathway from visa subclass 408 visa to permanent residency in Australia? What is the 408 visa? What is permanent residency? In this article, we explore the topic of 408 visa to permanent residency.

Generally, it is not an option to convert from 408 visa (temporary activity visa subclass) to permanent residency as the 408 only allows you to stay in Australia for a specific purpose. But, in one way, since this visa lets you stay in Australia, it gives you a chance to improve your standing in relation to obtaining the permanent residency (PR). Usually, all temporary visa holders can stay for a specific period of time.

What Is 408 Visa?

The 408 visa is a temporary activity visa that the Department of Home Affairs (DHA), which is an Australian government body, grants to someone who wants to do specific types of work on a short-term and temporary basis. What are special programs?

Some special programs include youth exchange, community programs, cultural enrichment, school language assistants or "gap year school volunteering."

One important type of 408 visa was the 408 pandemic event visa that the DHA introduced after the coronavirus pandemic. This visa was available for people who could not return to their home country from Australia, or because they were working in the critical sectors. Critical sector for 408 visa includes the following:

  • Health care
  • Aged care
  • Disability care
  • Food processing
  • Agriculture
  • Child care
  • Medical

Whereas under priority migration skilled occupation lists, occupations under construction and ICT also included.

408 Covid-19 Visa

For this visa, you have to meet certain requirements to be eligible to apply for the 408 Covid visa. These eligibility requirements states that the applicant:

  • Should be in Australia at the time of application,
  • Cannot leave the country due to Covid-19
  • Is a genuine temporary entrant. Genuine temporary entrant (GTE) is someone who satisfies the GTE requirement which means that they do not intend to stay in Australia for longer.

Is There a 408 Visa Checklist?

In this section, we will check the required documents for making an application for a 408 visa in Australia. Given below is the checklist: -

  1. You will require a photo copy of your valid passport.
  2. Written statements that mentions how you were affected by Covid-19.
  3. Proof of employment by providing dates of employment

Who can take advantage of a 408 pandemic visa? Someone who has:

  • student visa with no other options
  • third holiday working visas that is expiring soon
  • 485 visa with no extension option

After March 2022, anyone with a visa that has work rights in Australia can apply for the 408 visa. This means that if you are in Australia on a visitor visa, you will not be able to make an application for this visa.

What is Permanent Residency?

Permanent residency (PR) in Australia allows a person to live in Australia indefinitely. Anyone who is a permanent resident can study, live and work in Australia indefinitely. There are many pathways in Australia that offer permanent residency for applicants and their family members.

For example, if you wish to obtain permanent residency through your employer, you can opt for the employer-sponsored stream of PR visas. The 186 employer nominated stream or ENS 186 visa is one such permanent residency visa on nomination from Australian organisation.

But is there an option for 408 visa to permanent residency? You have to be on a substantive visa to apply for permanent residency. The 408 visa is only a temporary visa that allows you to remain in Australia legally so as to allow you to arrange new travel plans.

However, when discussing 408 visa to permanent residency, it is important to understand that the subclass 408 visa allows parties to stay in Australia longer. Therefore, they can gain important work experience that can count towards PR points.

Importance of Seeking Advice from Immigration Lawyers

At JB Solicitors, we have a team of award-winning solicitors who are well-equipped to provide advice for all kinds of matters. Whether it is for temporary or permanent visa application, it is important to get in touch with lawyers. You can discuss your previous visas in order to understand your opportunities in the future.

While there is no direct pathway from 408 visa to permanent residency, you can certainly use the time to gain skilled employment. Skilled employment is extremely important for permanent residency in Australia as it adds points that take you higher up in the competition.

Most visa-related procedures are complicated and lengthy. It is therefore important to have support from professionals like lawyers who can help you with every step.

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.