Retain visa validity even if stood down by employer in Australia

Temporary visa holders in Australia that had been stood down by their employer, but not laid off, will be able to maintain the validity of their visas. This, along with certain other measures, was announced in a Media Release – Coronavirus and Temporary Visa Holders – by the Acting Immigration Minister of Australia on April 4, 2020. 

As per the Media Release by Minister Alan Tudge, there were about 139,000 temporary skilled visa holders in Australia. These temporary skilled workers were on either a 4-year or a 2-year visa. Such individuals had been given the visa as they were needed to fulfil a skills shortage in Australia, a shortage that may still be there when the current COVID-19 crisis has passed.

Keeping this in view, those temporary skilled work visa holders that had not been laid off but were stood down instead will be able to maintain the validity of their visas.

The Media Release also laid down that the businesses that had stood down their employees due to COVID-19 could extend their visas in keeping with the normal arrangements.

Moreover, businesses employing such visa holders can reduce the hours of the visa holder without the visa holder breaching their visa condition.

The temporary visa holders in Australia that had been stood down will also be able to access up to AUD 10,000 of their superannuation in this financial year.

Laid off temporary visa holders have been advised by Minister Alan Tudge to leave the country as per their existing visa conditions, if they cannot find a new job.

If a 4-year temporary skilled visa holder in Australia gains re-employment after COVID-19 pandemic, the time that they had already spent in the country will be counted towards their skilled work experience requirements for Australian permanent residency. 

What is the meaning of being “stood down”?

According to the National Law Review, stand down is an “alternative to redundancy”, it is saying to your employees that despite shutting down now, we will be back and we want you to be around whenever we re-open. 

Simply, standing an employee down is like hitting a pause button. The employee that has been stood down is no longer required to come to work and the employer will not have to pay the employee. Nevertheless, the employee is still regarded as being employed for the period. 

The period that the employee has been stood down will be counted as service.

If you are looking to Migrate, Study, Invest, Visit, or Work Overseas, talk to Y-Axis, the World’s No. 1 Immigration & Visa Company.

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