Call +61 8 8351 9956 / Email [email protected]
This article is updated regularly. Last updated: Tuesday 27th August 2024
The Workplace Justice Visa (subclass 408) is a new visa introduced to protect migrant workers who have experienced exploitation in their workplace.
This visa allows these workers to remain and work in Australia while their claims of exploitation are investigated.
It forms part of a broader effort by the Australian government to combat workplace exploitation and ensure justice for migrant workers, preventing their removal from Australia while their cases are under review.
The Workplace Justice Visa was introduced on July 24, 2024, offering a legal pathway for migrant workers who have no other options to remain in Australia for up to 12 months.
There is no application fee for the Workplace Justice Visa.
However, you may incur additional costs for items such as health checks, police certificates, and fees for immigration lawyers or registered migration agents.
If you add family members to your application after it has been submitted, they will need to pay a subsequent temporary application charge.
Contact us if you need any assistance to apply for the Workplace Justice Visa.
Contact us if you need any assistance to apply for the Workplace Justice Visa.
You potentially can apply for the Workplace Justice Visa if you have experienced any of the following forms of workplace exploitation:
To be eligible for the Workplace Justice Visa, you must have certification of your claimed workplace exploitation matter and show commitment to seeking justice or redress promptly. You need certification from a participating government agency or an accredited third party.
This certification must explain why it is beneficial or necessary for you to stay in Australia to pursue your workplace exploitation claim.
Only a participating government agency or an accredited third party can certify your claim.
If you need to stay in Australia for up to 12 months, the certification must be provided by a lawyer with over 5 years of experience practicing for an accredited third party.
You may be able to stay 6 or 12 months depending on your situation.
No, you cannot extend your stay in Australia by extending the Workplace Justice Visa.
If your workplace exploitation claim is not resolved before your visa expires, you may be eligible to apply for another visa. However, you must provide new certification from a participating government agency or an accredited third party when applying for a new visa; you cannot reuse the original certification.
If your claim is resolved and your visa is nearing expiration, you will need to apply for and obtain a different visa to stay in Australia.
Yes, you can include members of the family unit in your visa application, if they are in Australia when you lodge your application.
Workplace Justice visa holders can work in any occupation or industry, anywhere in Australia. They can also change employers, or work for more than one employer (including self-employment).
There are no work restrictions, as long as it does not prevent you from pursuing your workplace exploitation claim.
You can also check your conditions for work using VEVO.
Yes, you can travel outside Australia and return as many times as you want during the visa stay period.
At Work Visa Lawyers, we have been advocating for a Workplace Justice Visa for a number of years. For example, we called for a vulnerable person visa in this migration strategy blog written on the 21st of November, 2022.
Please contact us if you have been exploited and need assistance in applying for a 408 Workplace Justice Visa.
In essence it is a contract between the Commonwealth of Australia (represented by the Minister for Immigration) and a sponsoring employer. This contract, or agreement, sets out the terms and conditions that dictates the employer’s ability to sponsor workers.
The contents of a Labour Agreement set out important guidelines such as the nomination and visa requirements, sponsorship and reporting obligations, and other negotiated conditions.
Employers may want to sponsor workers for an employer sponsored visa such as 482 Temporary Skill Shortage visa or 494 Skilled Employer Sponsored Regional who need certain concessions to be eligible for a visa.
It generally refers to special allowances or relaxations that can benefit applicants. Depending on their circumstances, this can help applicants to satisfy specific visa requirements.
These concessions can allow applicants to meet relaxed requirements for a visa in terms of age, work experience, English language ability, and permanent residency (PR) pathway for those over 45.
This can help make it easier for some to obtain a visa when they might otherwise not qualify.
For example, those who:
Company Specific Labour Agreements
Allow businesses to sponsor workers for positions that cannot be filled locally. As the name suggests, these agreements can be tailored to the specific needs and wants of a particular employer.
DAMA
Are tailored agreements for specific regions across Australia, addressing labour shortages in those areas. There are currently 12 DAMAs in Australia.
Industry Labour Agreements
Cater to employers operating in specific industries that face ongoing skill shortages. This includes the aged care, dairy, horticulture, meat and pork industries.
Global Talent Employer Sponsored Agreements
Allow employers to sponsor highly skilled workers in areas of innovation and technology for Temporary Skill Shortage 482 visas. Both established businesses and startups can sponsor global talent to enhance Australia’s competitiveness.
Project Agreements
Are a type of labour agreement that allows project companies experiencing skills shortages, to sponsor skilled workers during the construction phase of resource or infrastructure projects.
Employers often choose to apply for a labour agreement when they have a persistent labour need that they cannot fill.
We have a page called "How to Find an Employer Sponsor in Australia" where you can find some tips on securing a sponsor. Click here to read.
If you are planning to apply for an Australian Visa through a labour agreement and need assistance with your visa application process, please contact us. We are experienced in helping employers apply for Labour Agreements.
We are one of Australia's largest immigration law firms, with a team of professional immigration lawyers and registered migration agents who can help you.
Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.
The National Innovation Visa Australia, planned for release in late 2024, will replace the Global Talent Visa (subclass 858) and the Business Innovation and Investment Program (BIIP). This new visa aims to attract exceptionally talented migrants to Australia, such as high performing entrepreneurs, major investors and global researchers.
This could include some features of the existing Global Talent Visa, such as the potential earnings above the Fair Work Income Threshold, which is currently AUD 175,000.
Sectors currently available under the Global Talent Visa include:
Click here to read more about the Global Talent Visa.
This could include some of the existing features of the Significant Investor Visa.
The Migration Review flagged the opportunity to draw on the relative strength of the Significant Investor stream to design a visa product more sharply targeted to select migrants who can drive innovative investments in sectors of national importance or play a valuable role in the venture capital industry.
The features could include:
The types of investment could include:
This could include some of the features currently available for the Distinguished Talent Visa.
The Distinguished Talent pathway is for exceptional and outstanding individuals who do not fit into any Global Talent sectors but are still prominent in their field. Examples include Olympic athletes and famous musicians.
The National Innovation Visa program aims to combine the best aspects of the BIIP and Global Talent Visa programs, with criteria designed to produce stronger economic outcomes for Australia.
The specific requirements and criteria for the new visa are yet to be determined or announced.
If you are a potential investor interested in migrating to Australia, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. for a free evaluation.
You can also take a free Global Talent Visa assessment here.
Jobs and Skills Australia (JSA) has opened a consultation on the new Core Skills Occupation List (CSOL). The Core Skills is one of the pathways in the Skills in Demand Visa introduced in the Migration Strategy, released in December 2023.
The Core Skills Visa seems set to replace the current 482 employer-sponsored visa and will have similar requirements to the 482 visa. Click here to check the 482 Occupation List.
The Draft Core Skills Occupations List is an important component of Australia's evolving migration strategy. This draft list categorizes occupations into different streams based on their importance to the economy and the current labor demand, providing a structured approach to manage employer-sponsored migration more effectively.
The JSA consultation refers to the Core Skills pathway for occupations being paid a median salary above $73,150 and below $135,000.
The draft list is based on labour market analysis of ANZSCO Skill Level 1-3 occupations, so some occupations in the other salary bands may be included in this list. However, it is not yet clear how this will be addressed in the visa regulations.
The JSA reports it has developed the draft lists benchmarked to the 2022 ANZSCO not the 2013 version which will capture new and emerging occupations and has also used the most up to date employment/labour market datasets.
The Core Skills Occupation List is being designed to identify occupations that are essential for Australia’s economic health, particularly those that are in shortage and can benefit from employer-sponsored migration. The list is split into three categories:
Occupations such as Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on the Confident On List.
Occupations such as Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the Confident Off List.
Occupations such as Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on the Targeted for Consultation List.
The public consultation process closed on 10 May 2024 and was a critical step in ensuring that the Core Skills Occupations List is well-rounded and effective in meeting the strategic objectives of Australia's migration and labor policies. Engaging in this process is a way for stakeholders to contribute to the policy-making process, ensuring that their voices are heard and their concerns are addressed.
Guidelines on the timeline for the release of the final list are available on the JSA webpage.
As soon as the Core Skills Occupation List is available, we will update it on our website.
This article is updated regularly. Last updated: July 2024
The Migration Strategy, released in December 2023, introduced the Skills in Demand Visa. There are three new types of temporary work visas focusing on clear pathways to Australian permanent residency and aiming to alleviate labor shortages.
The three new pathways are called Specialist Skills, Core Skills, and Essential Skills. The Skills in Demand Visa will replace the Temporary Skills Shortage 482 Visa and provide more flexibility to workers and employers.
This pathway recognises highly skilled migrants are hugely beneficial to Australia's national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. The Specialist Skills Visa will be available to applicants who meet the eligibility criteria.
Criteria:
Processing times:
The Specialist Skills Visa processing time is expected to be very quick, only 7 days.
Most temporary skilled migrants will come through the Core Skills pathway. The Core Skills visa is designed to bring skilled employees to Australia and to fill the needs that are available now and, in the future, to ensure we can provide ourselves with the goods and services that are needed for the Australian economy.
Criteria:
As soon as the Core Skills Occupation List is available, we will update it here. The Core Skills Visa is likely to have requirements very similar to the current 482 visa. You can check the 482 Occupation List here.
Processing times:
The Core Skills Visa processing time is expected to be approximately 21 days.
The government is considering the Essential Skills pathway in the context of the care and support economy, which has become essential to the quality of Australian life.
Criteria:
If you're looking for positions with a salary above AU$ 135,000, then it's going to be the Specialist Skills pathway for most occupations.
The distinction between the Core Skills pathway and the Essential Skills pathway could be defined by the occupation you're going for. For example, professions like aged and disability carers would be categorized under the Essential Skills pathway, while most other health-related occupations like registered nurses, would be for the Core Skills pathway.
All Skills in Demand visas, however, will be regulated to ensure that Australia is receiving the skilled workers it needs and that the sponsored employees are protected from exploitation.
Labour Market Testing
As the visas are work visas, then some elements of the current 482 work visa may be adapted. For example, Labor Market Testing. It is being announced that there will be reduced requirements for Labor Market Testing. The period of Labor Market Testing will be valid for six months, as opposed to the current four months. Also, the number of adverts will be reduced to two from what has recently been three.
Skilling Australia Fund
The Skilling Australia Fund is a fee that the employer must pay to the government to access the visa program, providing funds for training Australians.
It's expected that the Skilling Australia Fund requirements will not be an upfront payment but rather will be installments over the time the visa holder is in Australia with the employer.
The Migration Strategy Action Plan provides the indicative timeframe of late 2024 for implementation.
As soon as we receive more information about the new Skills in Demand visas, we will update this page.
The Specialist Skills is one of the pathways within the Skills in Demand Visa.
This pathway recognises highly skilled migrants are hugely beneficial to Australia's national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. The Specialist Skills Visa will be available to applicants who meet the eligibility criteria.
The Specialist Skills Visa processing time is expected to be very quick, only 7 days.
We will update this page as soon as we receive more information about the Specialist Skills Visa.
Click here to learn more about the Skills in Demand Visa.
This article is updated regularly. Last updated: Thursday, 23rd May 2024
The Core Skills is one of the pathways within the Skills in Demand Visa.
Most temporary skilled migrants will come through the Core Skills pathway. The Core Skills visa is designed to bring skilled employees to Australia and to fill the needs that are available now and, in the future, to ensure we can provide ourselves with the goods and services that are needed for the Australian economy.
Jobs and Skills Australia (JSA) has opened a consultation on the new Core Skills Occupation List (CSOL). You can find a draft list here. As soon as the Core Skills Occupation List is available, we will update it on our website.
The Core Skills Visa is likely to have requirements very similar to the current 482 visa. You can check the 482 Occupation List here.
The Core Skills Visa processing time is expected to be approximately 21 days.
We will update this page as soon as we receive more information about the Core Skills Visa.
Click here to learn more about the Skills in Demand Visa.
This article is updated regularly. Last updated: July 2024
The Essential Skills is one of the pathways within the Skills in Demand Visa program.
The government is considering the Essential Skills pathway in the context of the care and support economy, which has become essential to the quality of Australian life.
We will update this page as soon as we receive more information about the Essential Skills Visa.
Click here to learn more about the Skills in Demand Visa.
This article is updated regularly. Last updated: July 2024
The appointment will be with one of our Immigration Lawyers or Registered Migration Agents. Please find professional profiles here.
At the appointment, we will:
Following the appointment, we will:
Please note that we may identify the need for further specific research, especially in relation to appeals or complex matters. We would confirm your instruction to undertake further research, and hourly rate fees would apply.
Please book this appointment for general advice about your visa options, including 189, 190, 491, 887, Employer Sponsored, Family, Partner, Parent, Skills Assessment, Resident Return Visa, and Citizenship. 45 minutes
Please book this appointment if you have a complex matter, such as you want us to consider the skills profile for more than one applicant in your family unit, a character issue, health criteria concerns, visa refusal, cancellation, AAT appeal, Australian citizenship discretion, Judicial Review, you are unlawful, or you need advice regarding a request from the Department of Home Affairs. 1 hour
For very urgent advice, we will try to accommodate same-day or next-day appointments which have a fee of $550. Please call +61 08 8351 9956 to enquire. 1 hour
If you cancel an appointment within 48 hours before an appointment, we will be charging a $100.00 cancellation fee.
If you reschedule an appointment more than once, then we charge an administration fee of $100.
Prices quoted below are in Australian dollars (AUD), exclusive of GST and do not include Government charges, such as visa application charges.
Some services are offered or available on an hourly rate basis.
Services may be available that are not listed below.
Skilled VISAS |
|
Subclass 491/190/189 |
From $5,500 |
Subclass 191 |
From $3,850 |
Subclass 887 |
From $4,400 |
Subclass 485 - Post Study Work / Graduate Work stream |
From $2,750 |
SKlLLS ASSESSMENT |
|
VETASSESS |
From $2,750 |
TRA – Trades Recognition Australia |
From $2,750 |
ACS - Australia Computer Society |
From $2,750 |
EA - Engineers Australia |
From $1,650 |
ANMAC – Australian Nursing and Midwifery Accreditation Council |
From $1,650 |
Other Skills assessments |
We will quote at the appointment. |
EMPLOYER-SPONSORED AND WORK VISAS (VOLUME DISCOUNTS MAY APPLY ON REQUEST) |
|
Standard Business Sponsorship (including Overseas Business Sponsorship) |
From $2,000 |
TSS 482 nomination and visa |
From $5,750 |
TSS 482 Subsequent entrant |
From $2,500 |
Specialist Short Stay Subclass 400 |
From $2,500 |
SESR 494 |
From $8,600 |
ENS 186 visa |
From $6,900 |
Assistance with Australian Border Force Business Sponsorship Monitoring |
From $3,450 |
Labour Agreements including: Designated Area Labour Agreements DAMAs, Company Specific, Aged Care Labour Agreement ACILA, Horticultural Industry Labour Agreement HILA and more. |
Price Upon Request |
Business Innovation and Investment |
|
Business Innovation and Investment (188/888) |
Price Upon Request |
Business Talent 132A Review |
Price Upon Request |
global talent VISA/ Distinguished Talent Visa (GTV) 858 |
|
Global Talent Independent 858 – Expression of Interest and Visa Application |
From $11,500 |
Distinguished Talent Visa |
From $11,500 |
Temporary Resident |
|
Student 500 |
From $2,500 |
Visitor 600 |
From $3,200 |
Training Visa 407 |
From $4,000 |
CHARACTER ISSUES AND OTHER COMPLEX MATTERS |
|
Submissions - Notice of Intention to Consider Cancellation (character) |
From $9,200 |
Submission (Business visa cancellation) |
From $8,000 |
Ministerial Intervention (Submission to Minister) |
From $6,900 |
Family Migration |
|
Spouse 820/309/300 |
From $6,900 |
Spouse – Second stage processing 801/100 |
From $4,000 |
Carer |
From $11,500 |
Remaining relative |
From $8,000 |
Parent |
From $8,000 to prepare and lodge |
143 Contributory Parent |
From $9,200 to prepare and lodge |
173 to 143 or 864 |
From $4,600 |
870 Family sponsorship |
From $6,300 |
445 Child or 802 Child |
From $5,750 |
Resident Return Visa – RRV - 155 |
|
Resident Return Visa |
From $2,300 |
Citizenship |
|
Citizenship by Conferral |
From $3,200 |
Citizenship by Descent |
From $2,800 |
Citizenship including Ministerial Discretions such as spouse discretion |
From $4,000 |
Complex evidence of Australian citizenship |
From $8,000 |
Specific Advice or Assistance with Responses to DHA |
|
Response to s56 or s57 Request for More Information |
From $3,700 |
Response to NOITTA |
From $7,500 |
Public Interest criteria PIC 4020 submission |
Price Upon Request |
Comprehensive written advice regarding MOC health costing |
From $2,800 |
Reviews and Appeals |
|
AAT – MR Division |
From $8,000 |
AAT – General Division |
From $13,800 |
Federal Circuit Court (Review for prospects of success) |
Form $2,500 |
Federal Circuit Court |
From $11,300 |
Full Federal Court appeal |
From $11,300 |
Revocation of 501(3A) Character Cancellation |
From $9,200 |
* Our quoted fees are specifically for the professional services provided by our firm. Additional charges, including but not limited to, government filing fees and costs for health and character assessments, may apply. The provided fee estimates are applicable to typical applications. In cases where your situation is more intricate or deviates from our standard service range, a customized fee estimate will be provided to you.
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