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The Australian government’s decision to cease the COVID-19 Pandemic event visa under Subclass 408, effective from 1 February 2024, marks a significant turning point for both employers and temporary workers. The Subclass 408 visa was a lifeline for many employers and their employees during the pandemic, providing a flexible short-term work solution. As this visa option comes to an end, it’s crucial for businesses to proactively explore alternative pathways to ensure their workforce remains compliant and operational.
Understanding the Change
The Subclass 408 COVID-19 Pandemic event visa was introduced as a temporary measure to address workforce shortages during the pandemic by allowing non-Australian workers to extend their stay. Its cessation means that individuals currently on a 408 visa will need to transition to alternative visa arrangements to continue working in Australia.
Exploring Alternative Visa Options
For employers, the primary concern is identifying suitable visa options for their 408 visa holders to ensure a smooth transition without disrupting business operations. Here are a couple of pathways worth considering:
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Temporary Skill Shortage Visa (Subclass 482)
The Subclass 482 Temporary Skills Shortage (TSS) visa allows employers to sponsor foreign workers in specific occupations to fill short-term skill shortages. This could be an appropriate option for 408 visa holders who possess the necessary skills and qualifications. Employers need to become approved sponsors, which involves meeting certain requirements and commitments.
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Training Visa (Subclass 407)
For 408 visa holders who may not have enough experience to qualify for a 482 visa, the Subclass 407 Training Visa could offer a viable alternative. This visa is designed for individuals to undertake occupational training or participate in classroom-based professional development activities in Australia. Employers can sponsor employees for this visa, provided there is a structured training program in place.
Considerations for Employers
Transitioning workers from a Subclass 408 to visa another visa type involves careful planning and consideration. Here are key points employers should keep in mind:
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Eligibility and Requirements
Each visa has its own set of eligibility criteria and requirements, both for the employee and the employer. It’s important to review these in detail to ensure compliance.
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Application Process and Timelines
Understanding the application process and associated timelines is critical to avoid any employment gaps. Some visa applications can be complex and time-consuming, so it’s advisable to start the process well in advance.
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Cost Implications
Different visas come with varying costs, including application fees, sponsorship fees, and training levies. Employers should budget for these expenses as part of their workforce planning.
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Legal Obligations
Employers must be aware of their legal/sponsorship obligations under each visa type, including providing equivalent terms and conditions of employment, meeting sponsorship requirements, and ensuring the visa holder’s work rights.
How Our Law Firm Can Help
As the landscape of Australian immigration law continues to evolve, navigating visa transitions can be daunting for employers. Our law firm specialises in employer related immigration law and is well equipped to assist your business through this transition period. We offer comprehensive services, including:
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Monitoring employees visa expiry dates
We offer ongoing monitoring of visa expiry dates for foreign employees, providing written reports and advising on renewals and compliance throughout their employment.
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Assessment of Eligibility
Our experts can assess the eligibility of your 408 visa holders for alternative visa options.
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Application Process Management
We can manage the entire visa application process on your behalf, ensuring that all documentation is accurate and submitted in a timely manner.
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Strategic Immigration Planning
Our team can assist in developing a strategic immigration plan that aligns with your business objectives and workforce needs.
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Compliance and Legal Advice
We provide advice and training on compliance with Australian immigration laws and regulations, helping you understand your obligations as an employer.
Conclusion
The cessation of the Subclass 408 COVID-19 Pandemic event visa presents a challenge but also an opportunity for employers to reassess and strengthen their workforce strategies. By understanding the available visa options and planning ahead, businesses can ensure a smooth transition for their valued employees and maintain operational continuity. Our law firm is here to guide you through every step of this complex process, ensuring that your business and your employees are positioned for success in this new chapter.
Contact us today on +61 3 9573 5200 to schedule a consultation, or book one online below and let us help you navigate the Subclass 408 COVID visa transition smoothly and efficiently.
