The entire world is facing the brunt of Covid-19 and Australia hasn’t remained an exception either. A lot of Australian businesses were compelled to go for an indefinite shutdown ever since the pathogen’s occurrence. Today’s post will acquaint you with the various dos and don’ts for the temporary worker visa holders of Australia. After reading this post it may happen that you wish to get more information about it. Only the top Migration Lawyers Perth WA can provide you with the best service regarding this.
Permission for LWOP
Many temporary worker visa holders in Australia are entitled to an unpaid leave of different forms. These kinds of leaves are usually included under the National Employment Standards. These leaves primarily include sabbatical, holiday, recreational, sick, maternity, paternity, parental and carer leave etc. This particular leave will prevent you from being termed as violating your visa conditions. The reason is you would be considered as working under your pertinent employer. This privilege will apply despite the fact that you aren’t employed and receiving any salary.
Extension of Visa Application
Pertinent visa holders of subclass 457 and 482 will now be able to apply for their visas’ extension. These visa holders haven’t been laid off but stood down by the Australian immigration department. They will be able to apply for an extension via the conventional visa application process. An LWOP will be considered substantial only if it’s subject to the following circumstances.
- If the LWOP has been applied for through a formal application process. Besides, this application has to be approved by your relevant sponsor. These chiefly include electronically processed applications.
- If you as well as your sponsor have collectively agreed upon the application of the LWOP.
So, do you wish to apply for an LWOP as well? If yes, then get legal aid of superior quality from the best Migration Lawyers Perth, Australia.
Approval to decrease salary
The Department of Home Affairs has granted this permission to temporary work visa holders residing in Australia. They are allowed to decrease their salary but only after sending a new application for a lower-salaried job. The Doha will accept the application only if the remuneration is according to the Australian market rate. The salary should exceed the minimum rate of the TSMIT or Temporary Skilled Migration Income Threshold i.e. AU$53,900. Furthermore, you need to sign a fresh employment contract to become eligible for the amended amount of salary.
Travel Ban Exemption
Some of the 482 and 457 visa holders are eligible for a travel ban exemption as well. At present, the nitty-gritty of this travel ban exemption isn’t available at the office of the Doha. Conversely, there are some relevant instances you will find there to get a clear idea about this exemption. These examples are given below for you to consider.
- To attend the funeral of a near or dear one and
- To visit a close relative who is severely unwell.
The Doha still hasn’t given official approval to this exemption. If granted, applicants only with lenient, convincing and exclusively different situations can avail this privilege. You must invariably procure this exemption before travelling back to your home country. Conversely, if you don’t do it, then you will end up in facing your Temporary Work Visa’s cancellation.
Reduced Work Hours
The immigration Minister made a special announcement on 4th April 2020. According to this, visa holders of subclass 482 and 457 can reduce their work hours favourably. They can do this without being labelled as violating their visa conditions. In spite of this, the 4 criteria given below have been kept unchanged.
- A substantial written agreement invariably marks the professional bond between you and your sponsor. Remember that your sponsor will be responsible for maintaining a copied version of this agreement. More importantly, he or she has to produce a valid document to substantiate this change.
- You cannot work under a Labour Agreement.
- The roles and responsibilities pertaining to your nominated occupation have to be served consistently.
- The salary you receive is actually determined according to the pro-rata hourly rate of Australia. This amount must not change in any way provided if exceptional circumstances arise.
Do you want to know more about this permission to reduce your work hours? If yes, then contact the best migration lawyers in Perth, Australia today.
Compliance with Standard Fair Work Rules
You need to comply with the relevant Standard Fair Work protocol effectively during the Covid-19 crisis. If you are dismissed for any reason, you need to leave Australia within the next 2 months. Otherwise, you can apply for a new visa or sponsor according to the migration law of Australia.
Choose the best team of legal professionals!
So, these were a few things which you can and cannot with your temporary work visa in Australia during Covid-19. To get matchless legal assistance related to them, the top migration lawyers in Perth, Australia can help you.