Standing Down Employees (COVID-19) – 457/482 Visa Holders

In these trying times, many employers have expressed concerns regarding what to do when the businesses are forced to stand down staff who are on 457 or 482 visas.

The Commonwealth Government has been contacted, and more information will be forthcoming shortly regarding this issue, but at the moment the general rules are as follows:

Leave Without Pay

As you may appreciate currently there is no real policy specifically for this occasion, however, Leave Without Pay (LWP) may generally not exceed three months. Still, in exceptional cases, this may be up to 12 months (but this is usually not the default position).

Where LWP is agreed this should be in writing between the employer and employee stating the start and end date.

Part-time Work

Concerning part-time work, there may be only limited circumstances where this may be approved.
Reduced hours would usually be seen as a breach of Regulations (Reg 2.79(3)).

Laying Off Employees

If employees are laid off temporarily, this may breach condition 8607 (i.e. requiring the worker to be employed in their nominated occupation).

Visas holders will have 60 days to find a new nominator or be expected to leave Australia (which may be at the expense of the business sponsor).

Employers are required to advise the Department of Home Affairs within ten days of ceasing employment.

As mentioned before we are waiting to receive further advice from the Department of Home Affairs, and when we hear this, we will circulate the information provided.

 

In the meantime, If you are concerned about any of these issues, please feel free to contact me.

482 Registered Migration Agent  Graham Copson (MARN 1575606)

Mob: 0417 083 231

Email graham@copsonmigration.com

“Your Migration Partner”