Critical COVID-19 work in the healthcare and medical sectors

Specified work in this industry must be critical to Australia’s response to COVID-19 including:

• medical treatment, nursing, contact tracing, testing and research
• support services including cleaning of medical, health care and quarantine facilities and equipment directly involved in the response to COVID-19

Applicants should include evidence to demonstrate how the work supports Australia’s response to the COVID-19 pandemic.

Examples of eligible specified work:

• nursing care for COVID-19 cases in a hospital or quarantine facility
• mental health support work for COVID-19 cases in a hospital or quarantine facility
• research relating to COVID-19 vaccine or treatment
• contact tracing for public health departments
• cleaning at a COVID-19 testing centre or quarantine facility

Examples of ineligible work:

• general administration or cleaning work with no connection to COVID-19
• occupational therapy or physiotherapy for non-COVID-19 cases
• financial and administrative services at a hospital, health or aged care facility
• mental health support work not directly in response to COVID-19
• work as a laboratory technician on vaccines other than for COVID-19
• medical research other than for COVID-19
• manufacturing or selling personal protective equipment or personal hygiene products

This section applies equally to both Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas and uses the collective term ‘Working Holiday Maker’ (WHM) visas.

Minimum period

To be eligible for a second WHM visa, you must have carried out at least 3 months of specified work. ‘3 months’ is taken to mean a period equivalent to the 3 shortest ‘calendar’ months of the year, that is, a minimum period of 88 calendar days, including weekends or equivalent rest days during your period of employment.

To be eligible for a third WHM visa, you must have carried out at least 6 months of specified work on or after 1 July 2019.  ‘6 months’ is taken to mean a period equivalent to the 6 shortest ‘calendar’ months of the year, that is, a minimum period of 179 calendar days, including weekends or equivalent rest days during your period of employment.

To meet the requirement for a minimum period of specified work you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a 3 month (88 calendar day) or 6 month (179 calendar day) period. You can do this in a variety of ways, for example:

• working 5 days a week for a continuous period of 3 or 6 calendar months, including on a piecework rate agreement
• working less than 5 days a week over a period longer than 3 or 6 calendar months, including on a piecework rate agreement
• working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of 5 days a week over 3 or 6 calendar months

You do not need to do your 3 or 6 months of specified work all in one go, or all with one employer. You are free to spread the work over the stay period of your current visa. You can also undertake specified work for longer than the required minimum period.

You cannot complete the specified work requirement in a total period shorter than 3 or 6 calendar months.

Example – Karsten – full time continuous work

Karsten works full-time for a construction company in rural Victoria as a builder from 1 December to 26 February, a total of 88 calendar days. Karsten works 5 days a week (Monday to Friday) for this whole period of time and is paid the correct legal wage. Karsten has met the 3 month specified work requirement.

Example – Kim – Does not meet 3 months of specified work

While on her first visa, Kim works 2 days a week at a vineyard maintaining vines and picking grapes from 1 February to 30 April. The vineyard work is eligible specified work and she is paid the correct lawful wage. The work has occurred over a 3 month period; however, she has not worked the equivalent number of days that would be worked by a full-time worker in a 3 month period. She will need to work a proportionately longer period of part time work to meet the specified work requirement.

Kim has not worked the equivalent of 3 months’ specified work and does not meet the requirement.

Example – Karla – separate periods of full time and part time work

First job – While on her second visa, Karla works 5 days a week in a fruit orchard picking and packing fruit under a signed piecework rate agreement from 1 January to 30 April. This period counts as 4 calendar months (in this case 120 calendar days) towards the specified work requirement.

Second job – Later, Karla does casual work picking vegetables at a market garden for 5 days a fortnight from 1 August to 30 November. During this period of 4 calendar months (in this case 122 calendar days) she has worked half of the usual full time work hours for this employer. This period can therefore count as a total of 2 months (or 61 days) towards the specified work requirement.

Karla adds these 2 work periods together, counting:

4 months (120 calendar days) for the period of full time work
+
2 months (61 calendar days) for the period of part time work of 2 months
=
6 months (which in this case is more than 179 calendar days) of specified work

Karla has therefore worked the equivalent of 6 months of full time work and has met the 6 month specified work requirement.

Circumstances in which specified work must have been undertaken

As a general rule, you must have undertaken all your specified work while holding your previous WHM visa. This means that applicants for a second WHM visa must have undertaken all specified work while holding their first WHM visa, and applicants for a third WHM visa must have undertaken all specified work while holding their second WHM visa, on or after 1 July 2019. This is how most applicants meet the specified work requirement.

A small number of applicants may also be able to count specified work carried out in the circumstances described below.

Bridging visas

This rule ensures that, in certain circumstances, specified work you undertake while waiting for your visa application to be processed can still be counted towards a subsequent WHM visa application.

If:

• you applied for a second WHM visa while your first WHM visa was still valid, and
• while we were still processing your second WHM visa application, your first WHM visa ceased and a bridging visa came into effect

then you can count specified work carried out on this bridging visa towards eligibility for a third WHM visa, whether you apply in or outside Australia.

Subclass 408 COVID-19 Pandemic event visas

For applications lodged on or after 14 November 2020, former WHMs can count critical COVID-19 work in the healthcare and medical sectors undertaken on a subclass 408 COVID-19 Pandemic event visa towards eligibility for a second or third WHM visa. This special arrangement recognises the contribution of WHMs doing critical COVID-19 work in the healthcare and medical sectors and ensures they can still access subsequent WHM visa options.

• If you:
  • transitioned in Australia from a WHM visa directly to a subclass 408 COVID-19 Pandemic event visa (or an unbroken series of subclass 408 COVID-19 Pandemic event visas), and
  • carried out some critical COVID-19 work in the healthcare and medical sectors while holding one of these subclass 408 COVID-19 Pandemic event visas
• Then you can count:
  • that work, and
  • any other specified work you carried out while holding a subclass 408 COVID-19 Pandemic event visa
  • towards eligibility for a second or third WHM visa, whether you apply in or outside Australia.
• And the previous bridging visas rule also applies if you held, or applied for, a subclass 408 COVID-19 Pandemic event visa.

For the avoidance of doubt, the following work can’t be counted as specified work:

• work undertaken while you held a subclass 408 COVID-19 Pandemic event visa if you did NOT carry out any critical COVID-19 work in the healthcare and medical sectors
• work undertaken while you held any other kind of visa, for example a Student visa
• work undertaken while you held a subclass 408 visa that was not in the ‘AGEE COVID-19 Pandemic event’ stream
• work undertaken while you held a bridging visa other than in the circumstances described above
• for third WHM visa applications, work undertaken while you held your first WHM visa
• for third WHM visa applications, work undertaken before 1 July 2019

Example – Akio – specified work while on a bridging visa is eligible 

While Akio was in Australia on his first Working Holiday (subclass 417) visa, he applied for a second Working Holiday visa. During the processing of his application, his first Working Holiday visa expired, his bridging visa came into effect and he commenced specified work. His second Working Holiday visa was then granted.

The specified work Akio undertook after his first Working Holiday visa expired and while he held the bridging visa is eligible.

Example – Ingrid – specified work while on a bridging visa is not eligible 

Ingrid left Australia when her first Working Holiday (subclass 417) visa expired and returned to Australia on a student visa.  At the completion of her studies, she applied in Australia for a second Working Holiday visa.  After submitting her application, she commenced specified work.  During the processing of her application, Ingrid’s student visa expired and her bridging visa came into effect. Her second Working Holiday visa was then granted and she continued her specified work.

The specified work Ingrid undertook after she submitted her application and before her second Working Holiday visa was granted (that is, while her student visa was still valid or while she held the bridging visa) is not eligible.  (However, specified work undertaken after the grant of her second Working Holiday visa will be eligible.)

Example – Bernadette – critical COVID-19 work in the healthcare and medical sectors on a subclass 408 COVID-19 Pandemic event visa is eligible

During Bernadette’s first WHM visa, the COVID-19 pandemic was declared and she decided to work as a contact tracer in Melbourne rather than relocate to a regional area to do specified work. This meant that she was not eligible to apply for a second WHM visa, but was also unable to depart Australia due to travel restrictions when her first WHM visa expired. On the basis of her critical work, she was granted a subclass 408 COVID-19 Pandemic event visa. She then continued to work as a contact tracer for 3 months. If she chooses to apply for a second WHM visa in the future, she will meet the specified work requirement.

Example – Sam – critical COVID-19 work in the healthcare and medical sectors and other specified work on a subclass 408 COVID-19 Pandemic event visa is eligible

One month before Sam’s second WHM visa expired, he started working as a nurse in a COVID-19 testing centre. He was then granted a subclass 408 COVID-19 Pandemic event visa and continued his critical COVID-19 work in the healthcare and medical sectors for 4 months, until the testing centre closed.  He then worked for 1 month picking fruit in regional Australia.  If Sam chooses to apply for a third WHM visa in the future, he will be able to count all this work to meet the 6 month specified work requirement.