What have you learnt about Covid Visa?
Covid visa, i.e. Visa Category 408The Australian Government has introduced a temporary economic visa measure during the epidemic. This visa will allow people working in Australia to continue to work for their employer for a period of 12 months after the epidemic.
However, from 1 February 2024, the Australian government has decided not to accept new applications for Covid visas. Existing Covid visa holders will be able to apply for a final 6-month renewal between 2 September 2023 and 1 February 2024, which means that the last Covid visas will expire in August 2024.
The Covid Visa is certainly a convenient option for foreign workers who wish to remain in Australia as it has a low threshold and no application fee. Nowadays, many Covid visa holders are facing visa expiry, so we receive a lot of enquiries about whether there are other suitable visa options for them to continue working and living in Australia.
To address this issue, we offer Covid Visa holders the following possible extension options, depending on the individual's occupation, skill level, work experience and status in Australia.
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Short Term Skilled Worker Visa - Category 482
The 482 visa is an employer-sponsored visa, which means that you will need to find an employer who is willing to nominate you for a position within their organisation. This visa usually requires a minimum of two years' relevant work experience and basic qualifications in the nominated occupation. Your occupation must also be on the relevant Skilled Occupations List and must be compatible with your role in the sponsor's organisation.
Once you are successful in obtaining this type of visa, you will be able to legally reside and work in Australia for up to four years, with the opportunity to apply for permanent resident status after two years.
Employer Nomination Scheme - Category 186 Visa
The 186 category is primarily for 482 visa holders who wish to apply for permanent resident status after two years, however, applicants can also apply for permanent resident status directly through the 186 category. Again, this is an employer-sponsored visa, so you must be nominated by a qualifying business for the position.
The main applicant will need to have at least three years of relevant work experience and will need to obtain a positive skills assessment from a relevant assessment organisation. Once approved, this will be a permanent visa allowing the visa holder to live and work in Australia indefinitely.
Regional Skilled Work (Temporary) Visa - Category 491
Visa Category 491 is a State Nominated or Family Sponsored points-based visa. You will need to achieve a minimum of 65 points in the SkillSelect system before you can submit an Expression of Interest to be invited to apply. Prior to this, you will need to pass a skills assessment.
Class 491 visas are usually nominated by a state or territory government agency, or by an eligible family member living in a specific region of Australia. As a regional work visa, you must live and work in the designated region for the duration of the visa, which can be up to five years. After three years of full-time employment, you can apply for permanent resident status through the 191 category.
Employer Sponsored Regional (Temporary) Skilled Visa - Category 494
Visa Category 494 is also a regional visa, but similar to Visa Category 482, it is employer-sponsored. All first-time applicants are required to have at least three years' experience in a relevant occupation, as well as a positive skills assessment, and must live and work in the designated area for the duration of the five-year visa period. Like the Class 491 visa, this visa also offers the possibility of obtaining PR after three years through the Class 191 visa.
Independent Skilled (189) and Nominated Skilled (190) Visas
The two points-based visa subclasses are quite similar, but the 190 visa requires a nomination from a state or territory government agency, whereas the 189 does not.
Highly skilled people can apply for this type of permanent visa, and applicants who have submitted an expression of interest in the SkillSelect system will have the opportunity to receive an invitation. Applicants with higher scores or greater occupational need are more likely to receive an invitation to apply, but please note that this is not a guarantee that you will receive an invitation. If you believe you have a competitive application, these visa subclasses may be ideal for obtaining permanent residence quickly and under relatively relaxed conditions.
Depending on your personal circumstances, we recommend that you prioritise employer-sponsored visas or fast-track points-based visas. These visas are particularly suitable for people working in specific occupations and industries and have a high success rate.
However, if you are unable to find a suitable employer for the time being, but are in an occupation that is in high demand in the Australian market, you may be invited to apply for a fast-track points-based visa, which provides you with a direct route to permanent residency.
In order to ensure that you make an informed decision, we strongly recommend that you seek professional legal advice in order to determine which route is best suited to your current situation and future development plans. Please feel free to contact us for further details.
Additionally, after your Covid 408 visa has expired, you have other options, such as a skilled visa. This type of visa is also a viable solution.
Class 500 Student Visa
If you are planning to undertake academic study in Australia, as a Covid 408 visa holder you can apply for a student visa. During the application process, you will need to fulfil a number of eligibility requirements, including providing sufficient evidence that you have a genuine intention to study in Australia, as well as the financial ability to be self-sufficient while in Australia.
It is important to remind you that the student visa has restrictions on working, as its main purpose is to study. Therefore, this type of visa is not the best option for applicants who wish to continue working in Australia. It is only necessary to consider applying for this visa if you are genuinely planning to study a course that is at least compatible with your past work and study background.
Subclass 820 Partners isva
If you are in a marital or de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, you may be able to apply for a Subclass 820 visa for the purpose of permanent residence in Australia. You will need to fulfil certain relationship requirements before applying for a visa, and will need to have full documentation and evidence to substantiate this de facto relationship.
While holding this visa you are free to work and live in Australia and at the end of the two year period you have the right to apply for an 801 visa, which will enable you to realise your permanent residency aspirations.
Applying for permanent residence after obtaining a Covid visa
Whilst the Covid visa itself does not provide a direct route to permanent residence, it is possible to achieve this by applying for any of the above mentioned visas.
Numerous skilled visas, such as the 482 and 494 visas, have pathways to permanent residence within a two or three year period. In addition to this, Points Test visas (such as the 189 and 190 visas) offer immediate permanent residency upon approval.
So if your ultimate goal is to become a permanent resident of Australia, you have a variety of pathways to choose from, depending on your career field and work experience. Our specialismsOur LawyersWe will be happy to help you by carefully assessing your personal situation and explaining the advantages of each option in order to recommend the most suitable one for you.
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