{"id":"F2021L00159","name":"Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021","slug":"migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101273,"registerId":"commonwealth-F2021L00159-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 21/008\n\nMigration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021\n\nI, Jodie Bjerregaard, delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994 (the Regulations).\n\nDated 25 February 2021\n\nJodie Bjerregaard\n\nSenior Executive Service, Band One\n\nImmigration Programs Division\n\nDepartment of Home Affairs\n\n1 Name\n\nThis instrument is the Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021.\n\n2 Commencement\n\nThis instrument commences on 27 February 2021.\n\n3 Definitions\n\nIn this instrument:\n\n> COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID‑19.\n\n> Subclass 408 visa means a Subclass 408 (Temporary Activity) visa.\n\n4 Event\n\nFor paragraph 408.229(b) of Schedule 2 to the Regulations, the period of recovery from the economic effects of COVID-19 in Australia is a specified event (the event).\n\n5 Class of persons\n\nFor paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant is in a specified class of persons in relation to the event if the applicant:\n\n(a) is employed full time as an essential staff member of an overseas business that:\n\n(i) is relocating to Australia; and\n\n(ii) will assist in Australia’s response to the event; and\n\n(b) will assist with the establishment of the business’s operation in Australia; and\n\n(c) makes an application for a Subclass 408 visa between 27 February 2021 and 30 June 2022; and\n\n(d) has not previously been granted a visa in accordance with this instrument.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: facilitating the relocation of overseas businesses to Australia during the post-COVID recovery period. The narrow eligibility criteria (full-time essential staff, specific date window, single-use restriction) keep it focused on the targeted policy objective without scope creep."},"complexity_factors":["Very short instrument (only 5 sections)","Only 2 defined terms ('COVID-19' and 'Subclass 408 visa')","Single, straightforward eligibility test with 4 clear criteria","No cross-references beyond the enabling provision (paragraph 408.229(b))","No nested exceptions or conditional logic","Fixed date range (27 February 2021 to 30 June 2022) creates certainty","Purpose-built for a specific, time-limited policy objective"],"plain_english_summary":"This law creates a temporary Subclass 408 visa pathway for full‑time essential staff of overseas businesses relocating to Australia during the post‑COVID economic recovery. It lets key personnel enter to set up local operations (applications open 27 Feb 2021–30 Jun 2022) and aims to attract investment and facilitate business relocations disrupted by the pandemic by easing entry for staff needed to establish Australian operations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument creates a new specified event and a narrowly defined eligible class for Subclass 408 visas (s.4; s.5). The text shows no express amendment or removal of pre‑existing statutory categories; it sets an additional, time‑limited pathway rather than altering the broader scope of the Migration Regulations."},"complexity_factors":["Narrow, targeted scope: the instrument only defines a specified event and a single eligible class of persons (s.4; s.5), which limits legislative complexity.","Dependency on external regulation: the instrument operates by reference to paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994, so its practical effect depends on interpreting that external provision (preamble; s.4).","Subjective eligibility terms: key criteria use evaluative language — \"essential staff member\" and \"will assist\" — which require administrative judgment and factual verification by decision‑makers (s.5(a)(i)–(ii); s.5(b)).","Temporal compliance requirement: a fixed application window (27 February 2021–30 June 2022) creates a strict deadline for applicants and adds administrative timing constraints (s.5(c); s.2).","Single‑use restriction: applicants are excluded if they \"have not previously been granted a visa in accordance with this instrument,\" which requires cross‑checking prior grants and records (s.5(d)).","Limited substantive text: few definitions and brief operative clauses reduce interpretive layers but increase reliance on administrative implementation and the broader regulatory framework (s.3; overall length)."],"plain_english_summary":"This instrument designates the period of recovery from COVID‑19 as a \"specified event\" under paragraph 408.229(b) of the Migration Regulations and creates a Subclass 408 visa class for full‑time essential staff of overseas businesses relocating to Australia to assist the COVID‑19 recovery. It applies to applicants who apply between 27 February 2021 and 30 June 2022 and who have not previously been granted a visa under this instrument."}},"importantCases":[],"_links":{"self":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021","history":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021/history","analysis":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021/analysis","conflicts":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021/conflicts","importantCases":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021/important-cases","documents":"/api/acts/migration-post-covid-19-economic-recovery-event-for-subclass-408-visas-instrument-lin-21-008-2021/documents"}}