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Legislative Instrument - F2020L01446 - LIN 20/190 - Transitional operation of regulation 5.19 for certain 457 visa holders Amendment 2020 amends IMMI 18/052 to provide concessions for specified SC 457 holders whose work hours were reduced or were required to take unpaid leave due to the COVID pandemic.
The effect of this Instrument is that the period of time required to be employed in the occupation and the position for TRT stream SC 186/187 nominations and visas, will not be affected by the visa holder working reduced hours or being on unpaid leave during the concession period, as a result of the coronavirus pandemic. The required period of employment prior to applying for these visas will include any period of reduced work hours or unpaid leave during that period.
The concession period is defined in Reg 1.15N(1) as commencing on 1 February 2020.
This Instrument introduces two new definitions:
Coronavirus reduced work period (subsection 7A(3)) - for the purposes of Reg 5.19(5)(f) is defined as:
- a period during the concession period, and
- during the period of 4 years (or 3 years for grandfathered SC 457s) immediately before the application was made, and
- throughout which the person was employed in the occupation for which the SC 457 or subsequent SC 482 was granted for Reg 5.19(5)(e), and
- throughout which the employment was other than on a full time basis but would have been full time if not for the coronavirus pandemic, or
- the person was on unpaid leave from that employment due to the coronavirus pandemic.
Coronavirus unpaid leave period (subsection 7B(3)) - for the purposes of Reg 5.19(g) is defined as a period that:
- occurred during the concession period, and
- during the period of 4 years (or 3 years for grandfathered SC 457s) immediately before the application was made, and
- throughout which the person was employed in the occupation for which the SC 457 or subsequent SC 482 was granted for Reg 5.19(5)(e), and
- was on unpaid leave from that employment due to the coronavirus pandemic.
This amendment applies to applications:
- made on or after 1 February 2020 and before 24 November 2020 and not finally decided, or
- applications made on or after 24 November 2020.
This Instrument commences on 24 November 2020