KEY POINTS:
Under the COVID-19 crisis, the Australian government has looked at every type of temporary visa holder category and the general rule is that you need to make arrangements to return to your home country as soon as possible.
There will be no financial assistance guaranteed although there are government agencies you can call (read further below) that can give temporary financial assistance on a case-by-case basis. However, it is only temporary and likely just enough for food assistance.
The silver lining is that if you happen to have a nursing or other healthcare degree from the Philippines, or you are an aged care professional, you can apply to work in the healthcare industry even if you were previously ineligible to do so before COVID-19. Read the article for more details.
If you are working in a supermarket and any other business that is considered ‘essential’, it means you can work longer hours under COVID-19.
But outside those situations, your only recourse is to apply for an extension or a bridging visa, provided you can support yourself financially. If you can't, you have to return back to the Philippines. If you can't afford a plane ticket back or for medical reasons cannot go back, read further for more information on this.
Alternatively, certain individuals, businesses and community groups have provided financial support to temporary visa holders by way of food and money donations. You can check your local community associations if they can help connect you with those generous individual and business donors.
This article has dedicated sections for: visitor visa, international student visa, bridging visa and working holiday maker (WHM) visa.
HOW COVID-19 RESTRICTIONS AFFECT TEMPORARY VISA HOLDERS
Temporary visa holders in Australia are in for a rough time because of the COVID-19 outbreak. Most of the financial benefits provided by the Australian Government are designed for those who hold permanent resident visa or are Australian citizens.
If you’re a temporary visa holder, you can find out more from the official government website: https://www.Australia.gov.au. There is an entire section dedicated to temporary visa holders, including international students, backpackers and those who work in farms. The website has a lot of information and you will need to set aside at least an hour or two to read through it, depending on your type of visa.
The most important thing is that regardless of your visa situation, the government considers your health as a priority and will provide you access to the health system, normally reserved to Australian citizens and permanent residents, if you get sick. The national coronavirus hotline is 1800 020 080.
Visitor Visa Holders
Visitor visa holders in Australia should return home if it is possible to do so.
There are currently over 213,000 visitor visa holders in Australia.
A visitor visa only allows a temporary stay and due to current circumstances associated with COVID-19, including state and territory border restrictions, business closures and social distancing requirements.
However, all visitors are encouraged to leave Australia.
What can you do if you cannot return to your home country
If you cannot return to your home country, you need to maintain a valid visa and engage with the health system when necessary.
Visitor visa holders should apply for a new visa before their current visa expires to maintain their lawful status.
If a visitor has a “No Further Stay” condition on their visa (including 8503, 8534 or 8535) and less than two months validity remaining, they can request a waiver of this condition to allow them to lodge a new visa application.
For information on extending a stay in Australia if you are unable to depart, see Staying in Australia.
International students
Under COVID-19, the government is relaxing the 40-hour work limitation under the following types of work:
- International students who work at major supermarkets to help get stock on shelves due to high demand (from 7 March).
- International students who work in the aged care sector can work more than 40 hours a fortnight (from 18 March 2020).
This one is particularly important for Filipinos who have a medical degree qualification before they came to the country. This means student visa holders who are enrolled in nursing can undertake work to help and support the health effort against COVID-19 as directed by health officials.
How will students be assured they will not jeopardise their visa?
Written advice will be provided to approved employers setting out the temporary relaxation of working hours for student visa holders.
Supermarkets must register with the Department of Home Affairs to be given access to the temporary relaxation of working hours for existing workers. A list of registered businesses is published on the Department’s website.
Aged Care service providers should refer to the correspondence provided to them by the Department of Health for further details.
What type of work can students undertake under these arrangements?
The temporary arrangements only apply to student visa holders working in supermarkets or aged care providers, as well as student nurses who are supporting health efforts against COVID-19 as directed by health officials.
The arrangements only apply to existing workers in their existing roles.
As the COVID-19 situation develops, it will be determined whether similar measures are required in other critical sectors to ensure the supply of essential goods and services to Australians.
Are these arrangements limited to students?
Student visas holders are already permitted to work in Australia with a usual limitation of 40 hours per fortnight. In light of the current circumstances, these arrangements respond to needs raised by sectors having regard to the critical role that student visa holders play in their workforce to deliver essential goods and services to the Australian community.
How will employers access this temporary measure?
The Department of Home Affairs has set up a form for supermarkets to request access to these temporary arrangements.
The form “Employer request relating to relaxation of enforcement of student visa working hours” is available online.
Employers are still required to abide by all relevant Australian workplace laws. Overseas workers, including international students, have the same rights under Australian workplace law as all other employees.
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 aged care providers should refer to the correspondence provided to them by the Department of Health for further details.?
Financial assistance
If you can’t support yourself, you have to return to your usual country of residence, noting that it is a condition of all student visas that holders have access to funds to support themselves while they are in Australia.
Ask your education provider on how to get some financial support if you are facing hardship.
Employer sponsored temporary work visas
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 as per normal arrangements.
Businesses 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.
Your options if you lost your job
Those who are laid off (that is, they are unemployed) should find another employer within 60 days or make arrangements to depart Australia, where this is possible.
If you can’t find another employer
If you have been laid off due to coronavirus and you cannot find another employer to sponsor you, you have to leave the country.
If you cannot return to your home country, find out more information on this government site: Staying in Australia.
Working holiday makers
WHMs in the health, aged and disability care, agriculture, food processing, and childcare will be exempt from the six month work limitation with one employer and will also be eligible for a further visa to continue working in these sectors if their current visa is due to expire in the next six months.
If a WHM is working in the critical sectors of health, aged and disability care, agriculture, food processing or childcare but is not eligible for a further WHM visa and is unable to return to their home country, they can apply Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa.
Overseas workers have the same rights under Australian workplace law as all other employees.
However, if you are unable to support yourself financially, you should make arrangements to return home.
How to extend your current visa if you cannot return to your home country
You can apply for a further WHM visa if you have undertaken specified work for three months on your first WHM visa or six months on your second WHM visa.
The following industries and areas are approved as specified work for subclass 417 (Working Holiday) visa holders:
- plant and animal cultivation in regional Australia;
- fishing and pearling in regional Australia;
- tree farming and felling in regional Australia;
- mining in regional Australia;
- construction in regional Australia; and
- bushfire recovery work in declared bushfire affected areas only, carried out after 31 July 2019.
The following industries and areas are approved as specified work for subclass 462 (Work and Holiday) visa holders:
- plant and animal cultivation in northern Australia and other specified areas of regional Australia;
- fishing and pearling in northern Australia only;
- tree farming and felling in northern Australia only;
- tourism and hospitality in northern Australia only;
- construction in northern Australia and other specified areas of regional Australia; and
- bushfire recovery work in declared bushfire affected areas only, carried out after 31 July 2019.
You must apply for a new visa before your current visa expires. You may be eligible to be granted a bridging visa that will keep you lawful until a decision is made on your visa application.
Further information on what is ‘specified work’ is available on the Department's website.
Working while you’re waiting for your second or third WHM visa to be processed
As long as you’ve got your bridging visa, you can keep working under the same WHM work rights. You and your employer can check Visa Entitlement Verification Online (VEVO) at any time to confirm your work rights.
If you have not completed the 3 or 6 months of specified work required to apply for a second or third WHM visa, you should apply for another visa to remain lawfully in Australia until you are able to depart.
For example, if you are working in the health, aged and disability care, agriculture, food processing or childcare sectors and are unable to return to your home country, you can apply for the Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa. This visa will allow you to remain lawfully in Australia, and continue working until it is safe and practicable for you to return to your home country.
Seasonal Workers
There are around 8,000 Seasonal and Pacific workers in Australia.
Seasonal and Pacific workers whose visas are expiring will have their visas extended for up to six months to support the agriculture sector, subject to Labour Market testing.
- Seasonal Worker Programmeworkers 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 Schemeworkers with visas due to expire can apply for a new Temporary Work (International Relations) (subclass 403) Pacific Labour scheme stream visa.
More information about these temporary arrangements is available on the Department’s website.
Bridging visa holders
If your visa has expired, or is about to expire you should consider returning to your home country as quickly as possible if you are able to, particularly if you do not have family support.
Temporary visa holders who are unable to support themselves over the next six months are strongly encouraged to return home and to make arrangements as quickly as possible to do so.
If you cannot depart Australia, you need to apply for a Bridging visa in order to regularise your visa status. You will be expected to depart Australia when travel restrictions are lifted.
What services are available to assist me?
- If you cannot resolve your visa status, the Department of Home Affairs' Status Resolution Service (SRS) can help.
- SRS officers can explain your visa options and tell you how decisions you make now can affect your options later on. They can also help you plan your departure from Australia, and refer you to other services where necessary.
If your Bridging visa specifies a validity date, and you are unable to depart Australia, you should apply for a further Bridging visa before it expires.
I am a Bridging Visa holder and want to depart Australia. What should I do?
The Department’s Status Resolution Service can assist eligible individuals wishing to depart from Australia (where this is currently possible). The Department contracts the International Organisation for Migration (IOM) and Serco (Homeward) as service providers to facilitate its voluntary return and reintegration programs.
Returns assistance may be available and may provide an eligible recipient with one, or any combination of assistance, including:
- independent returns counselling
- plane ticket
- assistance to obtain travel documents
- reception assistance in country of return
- travel assistance to final destination
To be considered eligible for returns assistance, you must:
- be a non-citizen;
- not hold a visa that permits re-entry to Australia;
- elect to voluntarily return to a country-of-origin or a country where you have a right of entry and stay; and
- demonstrate you are unable to self-fund their return.
Financial assistance
The SRSS program provides short-term, tailored support to individuals who are unable to support themselves but this is not an ongoing welfare entitlement.
During the COVID-19 period, applications for support under SRSS will be assessed on a case-by-case basis.
Temporary visa measures supporting the agriculture sector
There is an entire section dedicated to temporary visa holders who work in agriculture. You can find this on the government’s official website under: https://covid19.homeaffairs.gov.au/frequently-asked-questions#2
Editor's note: Information in this article is sourced from the government's official website on COVID-19. Information is up to date as at April 10.