Workplace Exploitation – Temporary Activity visa

About This Visa

The Temporary Activity Visa (Subclass 408) under the Workplace Justice Pilot is specifically designed for temporary migrants who have experienced workplace exploitation in Australia. This visa allows them to remain in the country while they pursue justice against their employer. The Workplace Justice Pilot is a government initiative aimed at protecting temporary workers from unfair treatment, providing them with the legal means to seek redress without the immediate threat of deportation.

Key benefits of this visa include:

• Temporary Stay: This visa provides a stay of either 6 months or up to 12 months, depending on the circumstances of the case. If your stay is necessary to pursue the exploitation claim and is deemed in the public interest, you may be granted the longer stay.
• Family Inclusion: Applicants can include family members in their visa application, provided those family members are already in Australia. This ensures that your dependents are also protected while you seek justice. 
• Multiple Entries: You can travel in and out of Australia as many times as you wish during the visa period, but your stay period continues to count even when you are outside the country.

This visa is a temporary solution for migrants, allowing them to focus on resolving their workplace issues without the pressure of immediately leaving Australia. However, it’s important to note that the visa is non-extendable, so once it expires, applicants will need to apply for a different visa to remain in the country if their claim has not been resolved.

Eligibility

To apply for the Temporary Activity Visa (Subclass 408), applicants must meet specific eligibility criteria:

• Current or Recently Expired Visa: Applicants must hold a temporary substantive visa with work rights, which is either valid for no more than 28 days at the time of application or has expired within the past 28 days.
• Certified Workplace Exploitation Claim: A critical requirement for this visa is the certification of your workplace exploitation claim. This certification must come from either a participating government agency or an accredited third party (e.g., a lawyer with 5+ years of experience in employment law). The certification should explain why your stay in Australia is either beneficial or necessary to pursue the claim. 
• Examples of Exploitation: Types of exploitation include underpayment of wages, being forced to work more hours than allowed under your visa conditions, being pressured to hand over your passport, threats of visa cancellation by your employer, and bullying or harassment, including sexual harassment.
• Genuine Temporary Entrant: Applicants must demonstrate a genuine intention to remain in Australia temporarily. The Department of Home Affairs will assess factors such as your immigration history, compliance with visa conditions, and your current situation to ensure you are not using this visa as a pathway to permanent residence.
• Health and Character Requirements: Applicants and any accompanying family members must meet Australian health and character standards. This may involve undergoing health checks or providing police certificates.
• Adequate Health Insurance: You must have health insurance that covers your entire stay in Australia. This insurance should cover essential medical treatment and emergency transport. Australia has reciprocal healthcare agreements with some countries, which may reduce your insurance requirements, but you must verify your eligibility.
• Financial Support: You must be able to financially support yourself and any dependent family members during your stay in Australia.

How to Apply

The application process involves numerous essential steps:

• Report Your Exploitation: Before applying for the visa, you must report your workplace exploitation to a participating government agency or an accredited third party. This step is essential as they will help you resolve the claim and provide the certification required for your visa application. 
• Gather Required Documents: You will need to prepare several documents to support your application:
• Identity Documents: Passport, national ID, or birth certificates for you and your family members.
• Financial Documents: Proof that you can support yourself financially during your stay.
• Certification: The official certification of your workplace exploitation claim.
• Health and Character Documents: Health checks, police certificates, or other documentation as required.
• Submit Your Application: Applications must be lodged online through “ImmiAccount” while you are physically in Australia (but not in immigration clearance). It is crucial to ensure that your application is complete and accurate to avoid processing delays.
• Processing Times: Processing times can vary depending on the completeness of your application, how quickly you provide any requested additional information, and how long it takes the department to verify your information. It’s advisable to regularly check your application status and stay updated on any requests from the Department of Home Affairs.

When You Have This Visa

Once your Temporary Activity Visa (Subclass 408) is granted, there are several important things to keep in mind:

Family Members: If you included family members in your application, they too must comply with visa conditions and meet health and character requirements. You can add family members to your application after it is submitted, but they must be in Australia at the time of application, and additional charges may apply.

Continue Pursuing Your Claim: You must remain actively engaged in pursuing your workplace exploitation claim. If you stop pursuing your claim, you may have to leave Australia or apply for a different visa to stay in the country.

Comply with Visa Conditions: You and any family members included in your visa must follow all visa conditions and obey Australian laws. Details of these conditions can be found in your visa grant letter or through Visa Entitlement Verification Online.

Work Rights: Unlike some other temporary visas, the Workplace Justice Visa has no work restrictions. You can work in any occupation or industry, and you are free to change employers or work for multiple employers. However, your employment should not interfere with your pursuit of the exploitation claim.

Travel: You can travel outside of Australia and return during your visa period, but it’s important to remember that your visa stay period does not reset with each re-entry. Time spent outside Australia still counts towards your total stay period.

Changes in Circumstances: You must inform the Department of Home Affairs of any significant changes in your circumstances, such as changes to your contact details, relationship status, or the birth of a child. Failure to report changes could impact your visa status.

Next Steps if Claim Finalized: If your workplace exploitation claim is resolved before your visa expires, and you wish to stay in Australia, you must apply for and be granted a different visa. Similarly, if your visa is nearing expiry and your claim is still unresolved, you will need to obtain a new certification and apply for another visa.

Amitava Deb

• Amitava is a gold medallist from India’s premier technical institute, IIT Kharagpur.
• He has worked with some of the world’s top companies such as Sony Australia Pty. Ltd., Siemens AG Germany, Clarity International Ltd., Reliance Communications and Optus Sydney.
• Amitava is a Chartered Professional Engineer accredited by Engineers Australia. He is a full member of this esteemed association.
• He is a member of the Australian Computer Society, Tele Management Forum and Worldwide Institute of Software Architects.
• Amitava is a well-recognised name in the ICT Professional Community in Australia.