Good News! Special arrangements for COVID affected Visa holders

New transitional arrangements for COVID affected visa holders – Subclass 457 in the Temporary Residence Transition Stream

New legislation has been introduced in order to provide concessions for particular Subclass 457 visa holders. If your work hours have been reduced or you have been required to take unpaid leave due to the COVID19 pandemic, transitional arrangements have been implemented.

When transitioning from a Subclass 457 Visa to either a Subclass 186 or 187, visa holders are required to work for an employer on a full time basis for at least 3 of the 4 years immediately prior to nominating you for the Subclass 186/187 visa. With the introduction of new legislation, the required period of employment prior to applying for the 186/187 visas will include any period of reduced work hours or unpaid leave during that period.

The ‘Concession Period’ commencing on 1 February 2020.

The new amended legislation applies to any applications:

  • made on or after 1 February 2020 and before 24 November 2020 and that have not been finally decided, or
  • applications made on or after 24 November 2020.

New exemptions from Age requirements for certain Subclass 186 and 187 applicants in the Temporary Resident Transition stream

For any Subclass 457 and 482 visa holders, if you were previously exempt from age requirements when applying for a Subclass 186 or 187 visa in the Temporary Resident Transition stream on the basis of earning at the Fair Work High Income Threshold, the age exemption will continue irrelevant of a change in earnings affected by the Corona Virus. A pro-rata income threshold may be applied where required.

The ‘Concession Period’ commencing on 1 February 2020.

The new amended legislation applies to any applications:

  • made on or after 1 February 2020 and before 24 November 2020 and that have not been finally decided, or
  • applications made on or after 24 November 2020.

As this is a relatively broad overview of the new legislation, if you have any specific questions in regards to your individual case please feel free to get in touch with our team