The new Temporary Activity Visa (subclass 408), under the Australian Government Endorsed Events (Workplace Justice Pilot), offers vital support to migrant workers in Australia facing workplace exploitation. This visa allows individuals on temporary visas to remain in Australia while taking action against abusive employers, thus protecting them from the threat of visa cancellation or deportation.
Key Features of the Temporary Activity Visa (Subclass 408):
Duration of Stay: Eligible individuals can stay for 6 months if beneficial to pursue their workplace exploitation claim, or up to 12 months if necessary for the claim and in the public interest.
Family Inclusion: Family members can be included in your visa application if they are in Australia at the time of lodging. Additional family members can be added after the initial application through a subsequent entrant application, subject to a temporary application charge and meeting the usual health and character requirements.
Eligibility Criteria:
To be eligible for this visa, you must:
– Be in Australia on a temporary visa with work rights that is expiring within 28 days or have held such a visa that expired no more than 28 days ago.
– Intend to stay temporarily in Australia to address issues of workplace exploitation.
– Meet certain health and character requirements.
– Have certification of your claimed workplace exploitation matter, demonstrating a commitment to seeking justice or redress within a timely manner.
Types of Workplace Exploitation Covered:
This visa supports workers who have experienced:
– Underpayment of wages.
– Pressure to work more hours than allowed by visa conditions.
– Pressure to surrender your passport to your employer.
– Threats by your employer to cancel your visa.
– Bullying or harassment, including sexual harassment.
Only a participating government agency or an accredited third party can certify your claim, ensuring the legitimacy and appropriateness of the claims made.
Certification Requirements:
– General Certification: You must provide certification from a participating government agency or an accredited third party. This certification must detail why it is beneficial or necessary for you to remain in Australia to pursue your claim. Approved certifiers include entities such as the Office of the Fair Work Ombudsman and various unions and legal centres, as specified in the Migration (Workplace Justice Visa—LIN 24/055) Instrument 2024.
– Expert Certification: If you need to stay in Australia for up to 12 months, a lawyer with specialist accreditation in employment law from the relevant Law Society of their State/Territory, or with over 5 years of experience practising for an accredited third party, must provide your certification. This ensures that the certification is handled by professionals with a deep understanding of employment law and its implications.
Costs and Application Details:
– Visa Application Charge: There is no charge for applying for this visa.
– Other Costs: Applicants may need to cover costs for health checks, police certificates, and subsequent application charges for added family members.
– Application Process: Applications must be submitted online, ensuring that all required documentation, including certifications, is complete.
Processing Times:
For an indication of the processing times, refer to the online visa processing time guide tool, which provides times based on recently decided applications.
Continued Stay and Next Steps:
If your workplace exploitation claim has not been finalized before your visa expires, you may be eligible to apply for another visa type. It is important to note that the original exploitation claim certification cannot be reused for a new visa application; a new certification is required.
Need Professional Assistance?
If you need further information or assistance with your Temporary Activity Visa application or any other migration-related matters, Heenan & Browne Visa and Migration Services are here to help. Our experts provide comprehensive support to ensure your rights are upheld and your stay in Australia is legally secured.
Whether you’re addressing workplace injustices or navigating the complexities of immigration law, our dedicated team is committed to assisting you every step of the way.
