Pandemic Visa (408)

Is your Australian visa expiring soon? Are you at risk of becoming an unlawful non-citizen because you cannot return to your home country due to the pandemic?

In April 2020, the Australian government passed legislation declaring the COVID-19 pandemic an “endorsed event” for the purposes of the Temporary Activity (Subclass 408) visa. This means migrants whose Australian visas are expiring, who are not eligible for any other visa and cannot leave Australia due to the pandemic can apply to stay in Australia on a 408 visa for the duration of the pandemic.

The 408 visa is now an important “safety net” for migrants to ensure they can continue to remain in Australia legally after their visas expire.

To be eligible for the 408 Visa, applicants must be:

  • Currently in Australia
  • Unable to depart Australia due to the pandemic/travel restrictions OR wish to remain in Australia to continue working in a critical sector (agriculture, food processing, health care, aged care, disability or child care)
  • Have 28 days or less remaining on your current visa (90 days IF you are applying to remain in Australia to work in a critical sector) OR your last substantive visa expired less than 28 days ago
  • If you are applying to continue working in a critical sector, you must include evidence of your employment (confirming the dates of employment and evidence why an Australian citizen or permanent resident cannot fill the position).

Additionally, you will need to satisfy the relevant health and character requirements, have sufficient money to support yourself and any family in Australia with you, and demonstrate you are a genuine temporary entrant.

Make sure you do not become an unlawful non-citizen as a result of the pandemic. There are serious consequences to your future migration options. To discuss your eligibility for the 408 visa, or any other visa options, please call 1300 908 588 or email admin@elmtreemigration.net.au to speak to an experienced migration lawyer now.