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Some FAQ’s exploring the consequences for 457/482 visa holders due to COVID 19 outbreak

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The coronavirus crisis has affected many employers to stop their work, change the duties, or reduce the working hours. Well, this is awful for the workers who need the visa with or without the work conditions. This guide will explore the consequences that will be put on the 457/482 visa holders due to COVID-19.

Given below are some of the FAQs regarding the Subclass 457/482 visa shared by our migration agent.

What does it mean if the working hours are reduced by the employer?

Under the Subclass 457 or 482 visas, the employer will employ you full-time and you will be paid the amount of money you have been promised as per the Department of Home Affairs when you approved for the nomination.

Part-time work is allowed if someone comes to work after maternity leave, following illness or injury or any other exceptional reason. If you have any doubts in your mind then make sure to contact the migration consultant right away.

I have a labor agreement, will this change anything?

If the applicant is under the labor agreement, then it is unlikely the DHA will give you leverage regarding the working hours. The labor agreement has clauses that allow it to have recognition in the terms of the agreement. The DHA might vary in terms of the agreement to reflect the necessary reduction of payments or hours.

My employer has stood me down due to the coronavirus crisis, till the time everything gets back to normal. Is this okay?

Stood down is different from business getting terminated or retrenched. Due to the current circumstances, business closure will lead to standing down for the workers. When the worker is stand down the employer is excused from the workers paying the wages.

What if my employer terminates employment?

When the employer terminates the employment legally, then you have 60 days to find yourself another employer who will lodge you for another nomination. It is not certain whether DHA is going to extend the 60 days

Is it possible to take leave without pay?

Under the subclass 457 or 482 visas, the visa holder can take the unpaid leaves if they enter into the proper agreement with the employer. Under the policy, the visa holder with subclass 457 can take unpaid leave for 12 months. Under the 482 visa, the visa holder can take leave without getting paid for 3 months.

But, yes the visa can get canceled if the payment is extensive because your intentions were not genuine to perform the job for the employer who has nominated you. If you are planning to get the leave without pay then here are few things which need to be kept in mind:

  • You have mentioned in writing regarding the pay and your employer also approved it.
  • The written agreement is according to the terms and conditions.

Under the current crisis condition, it is expected that the DHA will take into account of the sponsored visa holders for those who are under the work consequences

Is it possible for my employer to pay me less?

Technically, the employer is not allowed to pay you less than the amount mentioned in the employment contract. If the employer feels that he needs to pay you less, then they need to lodge a nomination again and then wait till the time it gets approved with the new figures he or she wants to pay you.