Migration Centre of Australia

Subclass 408

Options for you to consider if your Job situation has changed

With the harrowing effects of the coronavirus pandemic, many of us have experienced that our job situation has changed. In fact, this pandemic has hit the employment sector of Australia the hardest, with thousands losing their jobs or having their hours reduced. If you were sponsored or nominated by your current employer, state or territory government or relative and your job situation has changed, outlined below are some important facts that you need to be aware of. 1. Temporary Work (Short Stay Specialist) visa (subclass 400), Temporary Work (Training and Research) visa (subclass 402), Temporary Work (International Relations) visa (subclass 403), Temporary Work (Training) visa (subclass 407) You will first need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. And, if you stop working for your sponsor, you must take one of these actions within 60 days:  find another employer to sponsor you (it must first approved by the Department before you can start working for them)  be granted a different visa  leave Australia (You will have 90 days to do this if we granted your visa on or before 19 November 2016.) The Department may send you a Notice of Intent to Consider Cancellation if you have stopped work if the Department finds that you have breached your visa conditions 2. Temporary Work (Activity) visa (subclass 408) If the employer who sponsored your visa no longer has a job for you, then you must take one of these actions: find another organisation to sponsor you, and apply for a new visa find another organisation or person to support you, and apply for a new visa apply for a different visa (if you can) leave Australia within 28 days (or sooner if your visa ends before the 28 days have passed) 3. Temporary Work (Skilled) visa (subclass 457) If you are the primary visa holder, you can change jobs or do a different job while you still hold a valid 457 visa.You do not need to apply for a new subclass 457 visa. Your sponsor must lodge a new nomination and the Department must approve it before you can start working for the new sponsor or in the new role. However, if you stop working for your sponsor, you must take one of these actions within 60 days: find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them) be granted a different visa leave Australia (You will have 90 days to do this if we granted your visa on or before 19 November 2016.)If your new nomination is approved, as the 457 visa holder, you may need to keep working for your past sponsor for a short time. Australia's industrial relations law obliges you to give the right amount of notice to your employer. This will not be considered a breach of condition 8107 if you are meeting the requirements of the law. 4. Temporary Work (Skilled Recognition Graduate) visa (subclass 476) If you have a 476 visa, you do not need a sponsor. You can work for anyone anywhere in Australia. You do not need to tell us about changes to your job situation. 5. Temporary Work (Skilled Regional [Provisional]) visa (subclass 489) You will also need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. You can usually only work 6 months with one employer. 6.Permanent Work (Regional Sponsor Migration Scheme) visa (subclass 187) You need to work for at least 2 years with a Regional Sponsored Migration visa. You must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement,your visa may be cancelled. You must always let the Department know of any changes! 7. Permanent Work (Skilled Nominated) visa (subclass 190) and Permanent Work (Skilled Regional) visa (subclass 887) Like the subclass above, you must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement, your visa may also be cancelled. If you don’t inform the Department online, you can print and complete Form 1022 Notification of changes in circumstances. You can scan and email, or post, your completed form to the same place that assessed your application. Check that you have signed it first. For the subclass 190 visa, if you want to move interstate, ask the person or organisation who nominated you for a 'release notice'. A release notice will let you work in another state or territory. 8. Temporary Work (Temporary Skill Shortage visa) (subclass 482) As the primary visa holder, if you want to change jobs or do a different job while you still hold a valid Temporary Skill shortage visa (subclass 482) your employer must submit a new nomination and you must apply for a new visa. Like all others, the Department must first approve the nomination and your visa must be granted before you can start working for the new sponsor or in the new role. If you stop working for your sponsor, you must take one of these actions within 60 days: find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them) be granted a different visa leave Australia If you are not the primary visa holder, you will not have condition 8607 (Must only work in the nominated occupation) on your visa. Therefore, you do not need to have a sponsor to work and so you do not need to notify the Department if you change jobs or roles. If the Department approves your new nomination and visa, as the 482 visa holder, like the subclass 457 visa. You may need to keep working for your past sponsor for a short time and this will not be seen as a breach of condition 8607. Our Registered Migration Agents at Migration Centre of Australia have been in the migration
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Current COVID-19 updates for Industry workers and Employers

As restrictions begin to ease, a number of changes to temporary visa holder arrangements during the pandemic have been made in order to protect the health of the Australian community, safeguard job opportunities, support critical industries, and assist with our road to recovery. Despite these unprecedented times and various changes, all employers are still required to abide by the relevant Australian workplace laws. All overseas workers, including international students, on temporary visas have the same rights under Australian workplace law as all other Australian employees. Updates for the following industries: Agriculture Seasonal Worker Programme workers with visas due to expire will be able to apply for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream. Pacific Labour Scheme workers with visas due to expire can apply for a new Temporary Work (International Relations) (subclass 403) Pacific Labour scheme stream visa. Workers currently in Australia under these programs will also be exempt from the requirement to work for a single employer and will be able to move between approved employers. Working Holiday Makers who are working in critical sectors (eg agriculture, aged or health care) will be exempt from the 6 month work limitation with one employer and eligible for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream. Supermarkets On 4 April 2020, the Government announced it was ceasing the temporary relaxation of the 40 hour work limit for student visa holders working in supermarkets. From 1 May 2020, the Department of Home Affairs and the Australian Border Force will exercise normal discretion in relation to student visa holders employed in supermarkets who exceed the work limitations of their visa. The Department of Home Affairs and the Australian Border Force officers will not seek to enforce these conditions on student visa holders who worked in supermarkets in accordance with this temporary measure between 7 March 2020 and 30 April 2020. Aged Care International students who work in aged care can also work more than 40 hours a fortnight. All aged care Approved Providers or Commonwealth funded aged care service providers that have been issued with a RACS ID or a NAPS ID have been given access to the temporary relaxation of working hours for student visa holders. These measures only apply to existing workers in their existing roles. Nursing Student visa holders already enrolled in nursing can continue to undertake work to help and support the health effort against COVID-19 as directed by health officials. Cruise Ship Industry As of 15 March 2020 there is a full restriction on arrivals of any cruise ship that has left a foreign port. The restrictions are inclusive of direct arrivals and Round Trip Cruises (RTC). All crew members must isolate for 14 days upon arriving in Australia. From 16 March 2020, Australia will deny entry to any cruise ship that has left a foreign port, with the exception of: Australian-flagged vessels. International cruise ships en route having departed their last overseas port and destined for Australia. Australian cruise vessels (domestic cruise ships) operating within the Australian Exclusive Economic Zone can continue to operate without restriction. Round Trip Cruises that are already in progress and currently returning to Australia. Airline Industry From 20 March 2020, airline staff should ensure that only exempt travellers board a flight to Australia. Where possible, the Australian Advanced Passenger Processing system will be used to deny uplift for all other travellers. Airlines must contact the Australian Border Force Border Operations Centre prior to non-exempt travellers boarding the flight. Airline crew (including medivac crew) are exempt from the travel restrictions. Airline crew are advised to take particular care on lay-overs, use dedicated private transport and to avoid crowded public spaces. All Airline crew should monitor for symptoms and should not fly if they are ill. All Airline crew are required to self-isolate in their accommodation, if they enter Australia, until their next work flight. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are on an Employer or temporary visa holder and you want to know more about your work rights, or what you need to do in this current pandemic, or you simply want to know more about your visa options, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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Migration Centre of Australia (MCA) Your trusted partner for Australian immigration. We simplify visas, skilled migration, sponsorships, and more—so you can focus on your future.

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