Migrants will now be allowed to stay in Australia to pursue workplace exploitation claims

Key PointsThe government has introduced a new visa to support migrants who are making worker exploitation claims.Temporary migrants can now stay in Australia for six to 12 months if it is beneficial or necessary for their claim. The Temporary Activity visa (subclass 408) was introduced last week as a two-year pilot.

Temporary migrants can now remain in Australia for up to 12 months if they are fighting for justice from employers under a new visa.

(subclass 408) was introduced last week as a two-year pilot and has been designed to enable temporary migrants to remain in Australia to pursue a workplace exploitation claim.

Under the visa, the worker can stay in the country for six months if being in Australia is beneficial to their claim, or up to 12 months if being in Australia is necessary for pursuing the exploitation claim and it is in the public interest.

Members of the workers’ family unit can also be included in their visa application if they are in Australia.

To be eligible for the visa, you must hold a temporary substantive visa with work rights with no more than 28 days remaining.

Workers who have held a temporary substantive visa with work rights that ended within 28 days of lodging the application can also be eligible.

Applicants must also have certification of their claimed workplace exploitation matter and need to explain why it is beneficial or necessary for them to stay in Australia to pursue the claim.

Workplace exploitation can include underpayment of wages, pressure to work more hours than their visa conditions allow, employers threatening to cancel visas, bullying or harassment, or pressure for workers to give their employers their passports.

Applicants must be in Australia to lodge their application and need to meet health and character requirements.

The new visa was pushed through by former immigration minister Andrew Giles, who was moved into the skills and training portfolio

on Sunday.

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