The main concession for 457/482 workers is that if the 457/482 worker has been affected by coronavirus employment changes during the concession period the worker will still be taken to have been employed in the nominated position for a prescribed minimum period which means that they will still be able to apply for the 186 visa.
The concession period pursuant to Reg 1.15N is the period from 1 Feb 2020 to a date specified by the Minister.
Coronavirus employment changes are defined as if at any time during the concession period the applicant was, as a result of COVID-19:
- required to work at a reduced salary; or
- required to work reduced hours; or
- required to work part-time; or
- unable to work full-time, or
- stood down.
- Required to take unpaid leave from their employment.
CONCESSION FOR HIGH INCOME EARNERS - Age Requirement Exemption For Visa Holders Earning The Fair Work High Income Threshold
Usually a worker that had annual earnings for each of the three years preceding the 186 application, that were equal to or greater than the Fair Work High Income Threshold then you can be exempted from the requirement of being under 45 years old.
As a result of the COVID-19 pandemic, arrangements have been put in place (effective from 24 November 2020) to ensure that visa holders who would have had annual earnings above the relevant thresholds had they not experienced temporary changes to their employment arrangements due to COVID-19, are not disadvantaged in regard to their eligibility for the age exemption. As a result of these concessions, a pro-rata income threshold for the period when their earnings were impacted by the COVID-19 pandemic may be applied.
CONCESSIONS FOR SPONSORS
The main concession for sponsors is that businesses will be able to reduce your hours without you being in breach of your visa conditions or the business being in breach of their employer obligations.
Options if you have lost your job
If you have been laid off and are currently unemployed, you should find another employer within 60 days or make arrangements to leave Australia, where this is possible.
If you cannot return to your home country, you need to maintain a valid visa and follow Australia’s health advice where necessary.
But if the worker has been laid off and is currently unemployed, then as per usual they should find another employer within 60 days or make arrangements to leave Australia, where this is possible.
Holders of temporary work visas currently employed in COVID-19 critical sectors may be eligible for a Temporary Activity Visa (subclass 408) Australian Government Endorsed Agreement Event stream (COVID-19 Pandemic event visa) .
For more information please do not hesitate to contact us on www.comandinimigration.com
Alessia Comandini ( 85056)