Legislative Instrument LIN 20/189 has been introduced to exempt certain applicants from having to meet the age requirement for Employer Nominated Scheme (subclass 186) visa applications via the Temporary Residence Transition stream.
Subclass 457 and subclass 482 visa holders who were previously exempt from age requirements when applying under the TRT stream for the subclass 186 and 187 visas on the basis of earning at least the Fair Work High Income Threshold will continue to be eligible for the age exemption, despite their earnings being affected by a coronavirus employment change. A pro-rata income threshold for the period when their earnings were impacted by the COVID-19 pandemic may be applied where required.
Coronavirus concession workers – this Instrument creates this new class of workers and defines these as SC 457/482 workers who would have been specified ‘Subclass 457/482’ workers eligible for the age exemption under the existing Instrument LIN 19/216, but for the coronavirus pandemic.
This Instrument introduces three new definitions in relation to these workers:
Coronavirus employment change (subsection 5A) – is defined as aperson’s employment affected by a coronavirus employment change if:
- the time occurs during the concession period, and
at that time, the person was because of the coronavirus:
- required to work at a reduced salary, or
- required to work reduced hours, or
- required to work part‑time, or
- unable to work full‑time; or
- stood down.
Pro‑rata threshold – in relation to a person’s earnings for a year, means the amount worked out using the formula provided in Schedule 1 of this Instrument which takes into account the coronavirus employment change.
Subclass 457/482 coronavirus concession worker – in relation to an application for a visa, means a person in relation to whom all the following apply:
At all times during the 3 years ending immediately before the day the visa application was made, the person was employed:
- by the employer who made the nomination to which the visa application relates, and
- in the nominated occupation to which the visa application relates, and
- the person’s employment was affected by a coronavirus employment change, and
- for each of those 3 years that did not include any part of the concession period, the person’s earnings for the year were equal to or greater than the high income threshold (as applying at the end of the year), and
- for each of those 3 years that included any part of the concession period, the person’s earnings for the year (excluding any earnings in a week when the person’s employment was affected by a coronavirus employment change) were equal to or greater than the pro‑rata threshold, and
- at almost all times during those 3 years, the person held a SC 457 or SC 482 visa.
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 24 November 2020.