Coronavirus Impact: FAQs for Temporary Work Visa Holders!
All the visa holders of subclass 482 and 457 are getting a lot of confusion and doubts about the pursuit of their current jobs in Australia. This has resulted due to the abrupt lockdown and restrained services by several businesses in Australia. Now, the Migration Institute of Australia is in constant communication with the Department of Home Affairs about any update regarding the visa holders of subclass 457 and 482. Hence, given below are some of the most relevant frequently asked questions which have been framed for the visa holders of these two categories.
Also Read: Corona-Virus Dread Effects Temporary Australian Visa Holders The Most
1. Can my sponsor dismiss me from my job? Do I need to leave Australia and travel home?
In case, your sponsor has dismissed you from your current job, you will get 60 days to leave Australia. Then you can either lodge for a different visa type or look for a new sponsor otherwise you will become subject to visa protocol breaching. Your employer is also liable to pay all the necessary costs for you and your family while you are traveling back to your home country including travel costs from your Australian home to the airport and from there to your home country apart from a comfortable flight.
However, rental property expenses, personal property damage expenses as well as extra luggage expenses are not some of the costs which you can expect to get from your employer. For this, you must make a formal request to your employer along with the necessary details. Your employer must make you the payment within 30 days from the date of the request.
2. Is it possible to access my superannuation early or receive Centrelink payments?
Yes, temporary visa holders of subclass 457 and 482 can access their superannuation, but, they need to request for the voluntary cancellation of their visa along with a Departing Australia Superannuation Payment. However, no authentic information has come from the Australian Department of Home Affairs regarding the eligibility of other visa holders to access their superannuation or on receiving social security payments. Once, the Australian Immigration Department frames any new rule for the visa holders of subclass 457 and 482, it will be updated on its official site immediately.
3. Is it possible for me to work elsewhere and go back to my former employer after the situation recovers?
The answer to this question is no. For, certain conditions like 8607 and 8107 comprising the visa subclass 457 and 482 restrict the visa holder from working somewhere else and he/she needs to work under his/her sponsoring employer. However, if you want to work elsewhere, a new employer would need to sponsor you and another application would also be required at that moment to return to your actual employer. The Australian Immigration Department is also deliberating to put control on these conditions, so that, workers holding these two visas can work in another organization during the crunch of Covid-19.
Also Read: Australia Grants Application Of New Visa For Temporary Visa Holders
4. Can my workers manage other sectors apart from my business?
According to the visa conditions 8107 and 8607, you cannot assign your worker for some other job apart from your business or else you would become subject to a punishable offense and your employee who is holding the visa subclass 457 or 482 might face cancellation of his/her visa. If any of these visa holders want to get into a new profession, then he/she has to get a completely new approved nomination. According to a few of these visa conditions, if you work for another occupation equivalent or less than 60 days, you won’t be considered to have breached any of your visa rules and regulations. However, you would need to apply for a new visa subclass 457 or 482 in case you are changing your occupation frequently or the working period exceeds 60 days.
5. Can offshore workers outside Australia work on visa subclass 457/482?
Australian visa holders of subclass 457 or 482 can work outside Australia only if their visa conditions allow them to do so. In any case, if you are working overseas as an Australian worker, it won’t be accepted as a leisurely working for you to obtain a permanent residency in Australia under the temporary visa stream and the Australian Immigration department will asses these applications on a case by case basis. It would be best if you get an agreement signed between you and your employer to meet all kinds of sponsorship criteria as well as for maintaining a record.
6. Is it possible to return to Australia on my 457/482 visa if I am working overseas due to the Coronavirus restrictions?
For this, you will need to apply for an exemption from your travel ban depending on the visa type you are holding. However, in cases of other visas, an exemption to your travel ban will only be permitted in case you have become the victim of some special circumstances like:
• If any of your relative’s funeral needs to be attended
• If any of your relatives is terminally unwell
Although, you can get an exemption to your travel ban restrictions based upon the aforesaid circumstances, only if they are exceptionally essential.
7. Can I opt for a Leave Without Pay (LWOP)?
Yes, you can opt for unpaid leave, say for instance a recreational, sabbatical or holiday, parental, maternity, paternity, parental or sick leave. However, your leave period must not cross a time-frame of 3 months provided unless permitted by your employer under the visa conditions or due to exceptional circumstances.
8. Can I opt for a Leave Without Pay (LWOP)?
Yes, but, only through the application of a new visa with a less salary rate compatible with the Temporary Skilled Migration Income Threshold rate which is AU$53,900. Besides, you would also need to sign a new employment agreement including an extra Skilling Australians Fund levy payment for the benefit of your sponsor.
9. Can I opt for a Leave Without Pay (LWOP)?
Under regulation 2.79, both the visa subclass 482 or 457 visa holders are meant for doing a full-time job as skilled workers in Australia or else you may be susceptible to less advantageous visa conditions or that of less payment of your salary. Some of the conditions of the 2.79 regulation include:
• Valid personal reasons
• A work injury or a sick leave
• Valid personal reasons
• A pro-rata approval salary to prevent it from a reduction
• A legally valid signed agreement between you and your employer
• If you are under a visa type including the labor agreement stream
Hopefully, these FAQs must have clarified all your doubts or queries related to your visa subclass 457 and 482.
Since the Australian government has to continuously upgrade its policies and formulate new rules in the wake of this COVID-19 pandemic, ISA Migrations has pledged to keep you updated with the latest news and also recent developments happening in Australia. You can always refer to their site for the right and proper information.