New Workplace Justice Temporary Activity Visa in Australia 2024

A new visa, the Temporary Activity visa, has been implemented by the Australian government for temporary migrants who submit allegations of labor exploitation. The Workplace Justice Pilot is a two-year initiative that is designed to provide assistance to temporary workers who believe that their employers have mistreated them.

To learn more about a new temporary activity visa, including eligibility conditions, a document checklist, and the application process, please refer to this blog article.

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

A 408 visa is a temporary visa that enables workers to extend their stay in Australia in order to submit a claim for worker exploitation. It is a component of the Australian Government’s Endorsed Events (Workplace Justice Pilot) initiative. This visa permits you to remain for a period of six to twelve months. Additionally, this visa allows you to include family members in your visa application if they reside in Australia.

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Benefits of New Workplace Justice Temporary Activity Visa in Australia:

• Legal Participation in Workplace Matters Access to Justice: This visa enables individuals to actively engage in investigations or inquiries into workplace rights, thereby ensuring that their voices are heard and their rights are protected.
• Short-Term Residence in Australia: Durational Flexibility: The visa allows for provisional residence in Australia for the duration of the workplace justice activity, which may differ based on the specific circumstances.
• Work Rights Ability to Work: Holders of this visa may be granted the right to work in Australia, allowing them to support themselves financially while engaging in workplace justice activities.
• Route to Additional Visas: Transition Opportunities: Depending on their circumstances and eligibility, individuals may investigate opportunities for transitioning to other visa categories, such as a permanent residency or skilled worker visa, while on this visa.
• Protection from Retaliation: Legal Protections: The visa may offer legal protections to individuals who are involved in workplace justice actions, thereby protecting them from potential retaliation from employers.
• Assistance from Advocacy Organizations: Access to Resources: Unions, legal aid organizations, or workplace justice advocates may offer visa holders assistance in resolving their legal issues by providing them with the necessary resources.
• Participation in Significant Reforms: Workplace Rights Contribution: Participants have the opportunity to make a positive impact on the labor landscape in Australia by contributing to significant discussions and reforms regarding workplace rights and justice.
• Cultural Exchange Explore Australian Culture: The visa enables individuals to gain a deeper understanding of Australian culture and society, which may lead to potential collaboration in future workplace situations.
• Expanded Networking Possibilities: Professional Connections: By establishing connections with legal representatives, local organizations, and other professionals who are involved in workplace justice, individuals can expand their professional networks.
• Possibility for Personal Development: Development of Skills: Participating in workplace justice activities can offer valuable experiences and skills related to advocacy, negotiation, and legal procedures, which can contribute to personal and professional growth.

How long can you stay on a 408 visa?

This is a temporary visa.

• If your objective is to report workplace exploitation, you are permitted to remain for a maximum of six months.
• If it is in the public interest and you are required to report workplace exploitation claims, you may remain for a maximum of 12 months.
• The duration of your visa stay commences on the date of its issuance by the Department of Home Affairs and is indicated on the grant letter. Please bear this in mind.

Can you extend the 408 Workplace Justice Visa?

No, extending your visa will not permit you to remain in Australia for an extended period.

If your claim of workplace exploitation is not resolved by the expiration of your visa, you may be eligible to apply for a new visa.

You are prohibited from employing your current certification for workplace exploitation when applying for a new visa. You will be obligated to submit a new certification from a cooperating government authority or an approved third party.

Your current visa is set to expire, and if your claim of workplace exploitation is upheld, you will be required to apply for a new visa in order to remain in Australia.

What are the fees for a new Temporary Activity Visa?

This visa does not require any application fees. Nevertheless, you may be required to pay supplementary fees for a police clearance certificate and health tests. Additionally, a temporary application fee must be paid by your family members after you have submitted your application.

What is the processing time for 408 visa applications?

The following factors can influence the processing time:

• Your application’s comprehensiveness.
• The intricacy of your circumstances.
• The quantity of applications that the Department of Home Affairs receives.

Nevertheless, the visa processing time guide instrument may be employed to ascertain an appropriate time frame.

Eligibility requirements for applying for a new temporary activity visa:

• To petition for this visa, you and your family must be present in Australia.
• You must possess a valid visa or have had one that has expired within the past 28 days in order to petition for a 408 visa.
• The Department must receive workplace exploitation certification from an approved third party or collaborating government agency. This must illustrate your need or advantage to remain in Australia in order to pursue your claim of workplace exploitation.
• A certified lawyer with a minimum of five years of experience practicing law for an accredited third party must recognize your certification in order to spend 12 months in Australia.
• You must be capable of providing financial support for your family and yourself in Australia.
• The Department of Immigration and Citizenship has established specific health and character requirements that must be met.
• In order to qualify for this visa, you must possess sufficient health insurance to cover the duration of your trip. This insurance should provide coverage for your transportation expenses and other medically necessary procedures.
• To return to your country of origin, you must be an authentic temporary entertainment.
• If it is not in the best interest of a candidate under the age of eighteen, the Department may deny this visa.
• If you are indebted to the Australian government, you have either settled the balance or have established a formal repayment plan.
• Your immigration history will be examined by the Department of Home Affairs. You must not have previously been denied or canceled a visa. Otherwise, you may not be eligible for this visa.

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

To apply for a Temporary Activity Visa (Subclass 408) in Australia, follow these straightforward steps.

• Factors to evaluate before applying.
• Gather your documentation.
• Apply for a visa.
• After Submitting Your Application.
• Await the visa results.

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

In order to gain a more comprehensive understanding of these processes, we should examine them in detail.

Step 1: Things to Consider Before Applying.

Notify a recognized third party or a participating government agency of your workplace exploitation prior to applying for this visa. They will assist in the resolution of your claim and its verification. However, it is crucial to seek the services of a professional if you need it:

• A migration facilitator who is registered.
• A legal professional.
• An exempt individual.

Step 2: Gather your documents:

Accumulate and arrange all the essential documentation required to apply for a 408 visa in Australia. The following is the mandatory document inventory for a temporary activity visa.

• Certification for your workplace exploitation claim.
• Identity documents, including your current passport or national identification certificate.
• Police clearance certificate.
• For applicants under the age of 18, copies of their birth certificates are required.
• Financial documents, such as a work letter or contract, that serve as evidence of your current or forthcoming employment.
• Ensure that all of these documents are translated into English.

Step 3: Apply for the visa:

To submit an online application, adhere to the instructions provided.

• Establish an online account on the ImmiAccount website.
• Access the application form by downloading it.
• Carefully complete the application form.
• Enclose the necessary documentation.
• Complete the form and pay the application fee.
• Recall the transaction reference number (TRN).
• Guarantee that the information you provide is both precise and comprehensive. Your visa will be canceled or rejected if you submit inaccurate or fraudulent information.

Step 4: What to Do After Submitting Application:

Monitor the status of your visa application on a regular basis following its submission. Please notify the Department immediately if your address, email, phone number, or any other information changes.

Step 5: Wait for the visa results:

Wait for the visa decision after applying. In addition to visa conditions, the Department of Home Affairs will furnish you with your visa grant number, visa issuance and expiration dates. If your application is rejected, the department will explain the decision and indicate whether you have the right to appeal.

Concluding thoughts:

Lastly, the Australian Government’s new Temporary Activity Visa (subclass 408) is a significant advancement in the effort to support temporary migrants who are at risk of worker exploitation. This visa provides affected laborers with a critical opportunity to extend their stay and pursue justice.

Frequently Asked Questions: