COVID-19 Migration Updates (Update effective 6/4/2020)

Due to the recent COVID-19 pandemic which has affected everyone across the globe, the Australian Government announced some changes to immigration laws to deal with this issue.

Student visa holders able to work more hours

From 1 May 2020, international students currently employed at major supermarkets such as Coles and Woolworths will be able to extend their working hours (more than 40 hours a fortnight) to meet the high demands for essential items. It was announced during Prime minister Scott Morrison’s conference on 18th of March 2020, international nursing students will be exempt from these work restrictions in effort to aid the health industry right across the country, as directed by the health officials.

During this period, employers will still be obliged to abide by all relevant Australian workplace laws where students and other employees’ rights are equal. This measure will be governed by the Department of Home Affairs (DHA). Employers must receive authorisation from DHA before any arrangement is made for student visa holders to work under this measure.

Temporary visa holders who cannot support themselves urged to leave

The Minister of Immigration urges temporary visa holders who cannot support themselves financially to leave the country as soon as possible. Visitor visa holders under the Tourist stream are of concern as they have no rights to work in Australia under this visa category.
The call for visa holders to depart voluntarily are directed to individuals who do not have adequate support, including accommodation and monetary support. This also suggests strict measures may be taken by Home Affairs if onshore visitor visas subclass 600 under the Tourist stream claims the coronavirus pandemic as the reason of being unable to depart.

Temporary visa holders and access to superannuation

Temporary visa holders including international students who have accumulated superannuation will be able to retrieve their superannuation early if they are suffering from hardship due to the recent pandemic.
International students who recently arrived Australia are required to declare and prove their financial capacity to live and study for their first 12 months in the country. Thus, they will only be given access to their superannuation after living in Australia for at least 12 months.

Temporary skilled visa holders

A significant policy change has been for this visa holders as businesses are now allowed to reduce the working hours of their sponsored employees and not be in breach of their sponsor obligations to ensure equivalent terms and conditions of employment unless the income of the nominated employee are above AUD 250,000.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.