If you’re a Temporary Skill Shortage visa holder – what should you do if you have been stood down or your work hours are reduced by your employer?

The Australian Government has announced that Temporary Skill Shortage visa holders who have been stood down, but not laid off, will maintain their visa validity and businesses will have the opportunity to extend their visa.

Business employers will also be able to reduce the hours of the visa holder without the person being in breach of their visa conditions or the business being in breach of their employer obligations.

The employer must also ensure that:

• the pro-rata hourly rate of the approved nominated salary of the sponsored person does not decrease
• the role and duties conducted by the sponsored person remain consistent with the position approved at nomination
• the nominee is not employed under a Labour Agreement which was restricted to full-time arrangements only
• this arrangement is mutually agreed upon by the sponsor and sponsored person. Sponsors should maintain written evidence to demonstrate this agreement and document the reason for the change.

Subclass 457 and 482 visa holders will be able to access up to AU$10,000 of their superannuation this financial year. An application should be made directly with your superannuation fund provider.

For those visa holders who have been laid off, meaning they are unemployed, must find another employer within 60 days or they will have to make arrangements to depart Australia, where this is possible.

If you cannot return to your home country, you will need to maintain a valid visa and engage with the health system when necessary.

Holders of temporary work visas currently employed in critical sectors, like health, aged care or agriculture, may also be eligible for a COVID-19 pandemic Temporary Activity Visa (subclass 408) Australian Government Endorsed Agreement Event (AGEE) stream visa.

Criteria:

• Must hold a visa that is 28 days or less from ceasing to be in effect; or
• hold a visa that is no more than 28 days from ceasing to be in effect; and
• are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa
• Must be part of response to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health.
• Allow holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services

If you’re unsure of your current visa situation, please contact our team of Registered Migration Agents and Immigration Lawyers to discuss.