408 Visa: Temporary Activity Visa – Subclass 408 (COVID-19 Pandemic Event and Sporting Activities Streams)

Covid-19 pandemic event visa stream

This visa stream was introduced by the Government to enable temporary visa holders working in critical roles to stay lawfully in Australia during the Covid-19 pandemic crisis.

The Covid-19 pandemic visa has two main purposes:

1. Ensuring that industries and occupations critical or essential during the pandemic can be staffed by suitably skilled and experienced workers
2. Making sure that people remain lawful if they a) cannot leave Australia at this time and b) have no other visa options

To meet requirements, you must:

• Be in Australia
• Have a visa expiring within 28 days
• Or held a visa that expired no more than 28 days ago
• Obtain health insurance
• Meet character requirements
• Comply with conditions of previous visas
• Be unable to apply for any other visa
• Work in a critical area

Pandemic visa work rights

If you are seeking work rights on this visa, you must provide a submission that includes:

• A detailed job offer (you can be currently employed or seeking to be employed)
• A statement from your employer (or proposed employer) outlining the nature of their industry and occupations (critical and/or essential), why your skills are required and why no Australian will be displaced by your employment
• A current CV showing that you have the skills to undertake the critical or essential work
• A verifiable statement outlining why you are unable to depart Australia
• A summary of why you cannot make a valid application for a different temporary visa according to Schedule 2 of the Migration Regulations

There is no definitive list of essential or critical industries or jobs (other than aged care, supermarkets, agriculture and public health). Visa holders working in ongoing positions (or with skills applicable to an ongoing, operating industries that have NOT been deemed as “non-essential”) may qualify for the 408 visa.

If your 408 visa is granted with work rights, you can only work for one employer. If you wish to change employers, you would need to apply for a new 408 visa.

If you are not seeking work rights and you cannot apply for a different visa, you can still lodge a 408 application but you will not get work rights.

Pandemic event visa fee

There is no Government charge for this visa type. True Blue Migration Services can manage your application for you for a very low cost.

Visa refusal

If your 408 visa pandemic event visa is refused, you will have 21 days to lodge an appeal through the AAT. The appeal cost is $1,764. At the current time, 408 appeals take 612 days to be assigned to the AAT for assessment. You would remain in Australia on a Bridging Visa A during the processing time of the AAT.

Sports Stream

There are two types of 408 temporary activity (sports stream) visas: a 3 month and 2 year option. The eligibility criteria is different depending on which length of visa you apply for.

3 Month 408 Visa

• You will need a letter of support from the peak sporting body related to your sport
• You must demonstrate that you meet the criteria associated with the role
• You must be a genuine temporary entrant
• You must show that you have adequate funds to support yourself whilst in Australia
• Your three month visa commences upon arrival in Australia

2 Year 408 Visa

• Your sponsoring club or organisation needs to be an approved standard business sponsor
• You must demonstrate that you have the skills needed to coach or instruct at a high level
• The visa application can be lodged inside or outside Australia (it can be lodged whilst you hold a three month 408 visa)
• You must hold appropriate health insurance
• You must meet character requirements (police checks)
• You may require English language tests and medical checks
• Your Visa can be renewed once whilst onshore, for an additional two years

Can family members be included in a 408 visa application?

Yes, some family members and dependents can be included in your application or added at a later stage. A 408 dependent partner can work full time.