New Workplace Justice Temporary Activity Visa (subclass 408) in Australia

Attention all temporary migrants claiming worker exploitation in Australia!

Here is big news for you!

The Australian Government has introduced a new visa (Temporary Activity visa) for all those temporary migrants who are making worker exploitation claims. The Workplace Justice Pilot is a two-year program designed to assist temporary workers who believe their employers have exploited them. 

Read this blog post to learn all about a new temporary activity visa, its eligibility requirements, documents checklist and the application process. 

Key Takeaways 

Here are some of the important highlights of the newly launched 408 visa in Australia:

• The Australian Government has launched a new visa to support migrants who are reporting worker exploitation.
• Now, temporary migrants may remain in Australia for a maximum of six to twelve months, depending on the requirements of their application.
• The two-year Justice pilot program for the Temporary Activity visa (subclass 408) was unveiled last week.

What is a New Temporary Activity Visa (Subclass 408)?

A 408 visa is a temporary visa that allows the workers to extend their stay in Australia in order to claim worker exploitation. It is a part of the Australian Government Endorsed Events (Workplace Justice Pilot) program. You can extend your stay for up to 6 to 12 months with this visa. Moreover, this visa allows you to add your family members in your visa application, if they are in Australia.

How long can you stay with a 408 visa?

This is a temporary visa.

• You can stay for up to six months if your stay is beneficial to report workplace exploitation. 
• You can stay up to 12 months in cases when your stay is necessary to report workplace exploitation claims and it is in the public interest.

Keep in mind that your visa stay period starts the day the Department of Home Affairs grants it and is demonstrated on the visa grant letter. 

Can you extend the 408 workplace justice visa?

No, you cannot stay longer in Australia by extending this visa.

If your claim for workplace exploitation has not been resolved by the time your visa expires, you can apply for another visa.

However, you cannot use original certification for workplace exploitation when requesting a different visa. You will be asked to provide a new certification from an authorized third party or a cooperating government body. 

You must apply for another visa in order to stay in Australia if your claim of workplace exploitation is upheld and your current visa is about to expire.

What is the fee cost for a new Temporary Activity Visa?

There is no application fee for this visa. However, you may have to pay the additional costs for police clearance certificate and health examinations. Furthermore, once you apply, there is a subsequent temporary application fee that your family members must pay.

What is the processing time of 408 visa applications?

The processing time can vary depending on the following factors:

• Completeness of your application.
• Complexity of your case.
• Volume of the applications being received by the Department of Home Affairs. 

However, you can check the accurate time period by using the visa processing time guide tool.

What is the Eligibility Criteria to Apply for a New Temporary Activity Visa?

To be eligible to apply for the 408 visa subclass, you must meet the following requirements:

• In order to apply for this visa, you and your family members must be in Australia.
• You must hold a valid visa or have held a valid visa that expired less than 28 days before applying for a 408 visa.
• You have to provide the Department with workplace exploitation certification from an authorized third party or a participating government agency. This must justify your need or advantage of staying in Australia in order to prosecute your claim for workplace exploitation.
• In a case where you want to spend 12 months in Australia, your certification must be approved by a certified lawyer with at least five years of experience practicing law for an accredited third party. 
• You must be able to financially support yourself and your family members in Australia.
• You must meet the certain health and character requirements set by the Department of Immigration and Citizenship.
• To be eligible for this visa, you must have sufficient health insurance for the duration of your visit. You should be covered for transportation and other medically necessary treatments under this insurance.
• You must be a genuine temporary entertainment and must have the intention to return to your home country.
• The Department may refuse this visa, if it is not in the best interests of a candidate who is under eighteen.
• If you owe money to the Australian government, you either already have it paid off or you have a formal repayment plan in place.
• The Department of Home Affairs will check your immigration history. You must not have had a visa canceled or refused in the past. Otherwise, you might not be eligible for this visa.

How to Apply for a Temporary Activity Visa (Workplace Justice Pilot)?

Follow these simple steps to lodge an application for your Temporary activity visa (subclass 408) in Australia?

• Step 1: Things to consider before applying.
• Step 2: Gather your documents.
• Step 3: Apply for the visa
• Step 4: Things to do after you apply.
• Step 5: Wait for the visa outcome.

Let’s discuss these steps in detail for a better understanding.

Step 1: Things to Consider before Applying

Before applying for this visa, inform a participating government agency or a recognized third party about your workplace exploitation. They will assist you in resolving your claim and even verify it. Nonetheless, if you are looking for the professional help make sure you contact a person who is:

• A registered migration agent.
• A legal practitioner.
• An exempt person.

Step 2: Gather your Documents

Gather and organize all the required documents to apply for a 408 visa in Australia. Here is the mandatory document checklist for temporary activity visa:

• Certification of your workplace exploitation claim.
• Identity documents including your current passport or NIC.
• Police clearance certificate.
• Applicants under 18 years old must provide copies of birth certificates.
• Financial documents including evidence of your current or upcoming employment in the form of a job letter or contract.

Make sure to translate all these documents into English.

Step 3: Apply for the Visa

In order to apply online, follow these steps:

• Create an online account on the ImmiAccount website. 
• Download the application form.
• Fill out the application form carefully.
• Attach the required documents.
• Pay the application fee and submit the form.
• Note the transaction reference number (TRN).

Ensure you provide the complete and accurate information. Providing the misleading or incorrect information will result in visa cancellation or rejection.

Step 4: Things to Do After Submitting Application

Once you have submitted your visa application, regularly check your visa status. In case things change such as you change your address, email or phone number or any other information, notify the Department immediately. 

Step 5: Wait for the visa outcome.

After submitting the application, wait for the visa outcome. The Department of Home Affairs will notify you about your visa grant number, visa issuance and expiration dates, and visa conditions. In case your application is refused, the department will inform you about the reasons for the refusal and whether you can review the decision or not. 

Concluding Thoughts

In conclusion, the new Temporary Activity Visa (subclass 408) is a significant step by the Australian Government to support temporary migrants facing worker exploitation. This visa provides a crucial opportunity for affected workers to extend their stay and seek justice. 

By understanding the eligibility criteria, application process, and necessary documentation, you can apply for 408 visa effectively. Stay informed, gather your documents, and take the necessary steps to secure your visa in Australia.