The 408 Justice Visa is a temporary visa allowing individuals in Australia to remain in the country while pursuing a workplace exploitation claim. Here’s everything you need to know about this visa, including eligibility requirements, application process, and conditions. You can read about this visa here
What is the 408 Justice Visa?
The 408 Justice Visa is designed for people who are in Australia and are dealing with a workplace exploitation issue. This visa allows them to stay in the country temporarily to seek justice or redress for their situation. This may include issues such as underpayment of wages, forced labour, harassment, or threats from an employer.
Eligibility Criteria
To qualify for the 408 Justice Visa, you must meet the following criteria:
- Location Requirement – You, along with any family members applying with you, must be in Australia to lodge your application.
- Substantive Visa Status – You must hold a temporary substantive visa with work rights that has no more than 28 days remaining or that expired within 28 days of lodging your application.
- Certification of Workplace Exploitation – You need to provide certification from a participating government agency or an accredited third party. This certification must explain why it is necessary for you to stay in Australia to pursue your workplace exploitation claim. Types of workplace exploitation may include underpayment of wages, excessive working hours, forced surrender of your passport, threats of visa cancellation, or harassment.
- Supporting Yourself and Dependants – You must be able to support yourself and any dependants while in Australia.
- Health and Character Requirement – You, and any family members applying with you, must meet health and character requirements. You may be asked to undergo checks.
- Health Insurance – You must have adequate health insurance during your stay in Australia.
- Genuine Temporary Entrant – You must be a genuine temporary entrant.
- Repayment of Debt – Any debt owed to the Australian Government must be paid or have a formal repayment arrangement.
- Visa History – If you have had a visa cancelled or an application refused previously, this may impact your eligibility. However, there may still be options for applying for a permanent visa.
Visa Details
Stay – 6 months (or up to 12 months, depending on your circumstances)
Cost – Nil
What You Can Do with This Visa
- Remain in Australia to pursue your workplace exploitation claim.
- Include members of your family unit in your visa application, if they are also in Australia.
Need Assistance?
If you need help with your 408 Justice Visa application, it’s crucial to consult a registered migration agent or legal advisor and verify their credentials before making any payments.
The 408 Justice Visa offers essential support for those facing workplace exploitation, allowing them to stay in Australia while addressing their claims. To ensure a smooth application process, gather all necessary documentation and meet all requirements.
Aurelia Legal can assist by guiding you through each step of the application, helping you understand eligibility criteria, preparing your paperwork, and ensuring you meet all conditions. Contact us today for expert support and a successful claim at +61 3 9125 8820 or info@aurelialegal.com.au