What’s next for employees with 408 visas?

Quick Summary -  Most 408 COVID Pandemic visa holders' visas will expire in 2024. Now is a good time to discuss with affected employees their plans to continue work with you on another visa for workforce planning, visa sponsorship and continued business compliance with legislation.

 

You may have heard by now that the subclass 408 Covid Pandemic visa is now closed to new applications. Subclass 408 visa holders can remain on these visas, working with their employer until the visa expires, but then what? There are many factors to consider, but if you employ 408 visa holders, there are several reasons to discuss now with affected employees their plans and options to remain in Australia and employed with you, including:

  1. Workforce Planning -In case the 408 visa holder employee is deciding to leave Australia at the end of their visa or reduce working hours if they are planning to take up study in Australia on a student visa (noting student visas have become much more difficult to successfully obtain recently for certain applicants), etc
  2. Visa Sponsorship - Deciding whether the 408 visa holder employee is someone who you might sponsor for another type of work visa and making sure all relevant considerations are well underway (for instance and where required, sponsorship approvals are in place, labour market testing, English and skills assessment requirements, Australian market rate salary requirements, etc)
  3. Business Compliance - Making sure your business is compliant with legislation which requires employers to verify that employees have appropriate work rights on their visas.

Which visa is best?

If a 408 visa holder wants to remain in Australia past their visa expiry date, they will need to apply for another type of visa. Each visa has its own requirements, and a potential applicant’s suitability will depend on their personal goals and circumstances. If a potential applicant is eligible for a particular visa, they may need to do an English test, skills assessment, or get employment references, family documents, police clearances, etc, for the visa application. These things can take time so the earlier the 408 visa holder starts to gather the required documents, the better!

Visa stress and worry can negatively impact employee productivity so if there is a plan and process around managing the next visa application in place, it may just improve business outcomes as well!

Migration Plus can assist you with employee and business eligibility assessments for sponsored work and other visas. Please contact us for more information.  

Legislation and Fee Changes

There is also the issue of changing legislation and increases to Department application charges. Department application charges are generally increased (indexed) annually on 1 July. The Government has also stated that several aspects of the announced Migration Strategy will be rolled out in 2024, meaning potential changes to several visa categories.  This may mean that some 408 visa holders may no longer be eligible for a particular visa, or may pay more for a visa after 1 July.

Hope for the Best?

Unfortunately, a ‘hope for the best’ or ‘deal with it later’ strategy generally does not work out well for the visa holder or an employer, adding additional costs and stress, or fewer options, when things are left to be dealt with a few weeks before a visa expiry. Visa holders and employers who engage each other and professional immigration assistance in planning the ‘next steps’ earlier on may encounter less expense, drama, and strain in the visa process, and that makes good business sense.

 

Need help?

Do you have questions about your or an employee’s visa eligibility after a subclass 408 visa? We are here to help you with your next step. Please contact us for an initial consultation

 

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Photo by Amy Hirschi on Unsplash