Month: November 2016

New Australian Temporary Activity Visa Framework from 19 November 2016

Posted by Rebecca Berkovic on November 23, 2016

The Australian Federal Government has introduced a new Temporary Activity visa framework which will replace the current regime in relation to applying for temporary work, training and research, entertainment and Superyacht Crew visas.

The new system is intended to simplify the temporary work and activity framework and came into effect on 19 November 2016.

The following four Australian visa types will now apply to temporary activities:

Temporary Work (Short Stay Specialist) (subclass 400) visa;
Temporary Work (International Relations) (subclass 403) visa;
Training (subclass 407) visa; and
Temporary Activity (subclass 408) visa.

The new framework replaces the following visas, which applicants are no longer able to apply for:

Temporary Work (Long Stay Activity) (subclass 401) visa;
Training and Research (subclass 402) visa;
Special Program (subclass 416) visa;
Temporary Work (Entertainment) (subclass 420) visa; and
Superyacht Crew (subclass 488) visa.

The Temporary Work (Short Stay Activity) (subclass 400) visa and Temporary Work (International Relations) (subclass 403) visa have also been restructured.

The general eligibility criteria for the new Temporary Activity visas are as follows:

1. Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa is for people who want to come to Australia on a temporary basis to:

undertake short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.

2. Subclass 403 Temporary Work (International Relations) visa

This visa is for people who want to come to Australia on a temporary basis:

in relation to a bilateral agreement
to represent a foreign government or to teach a foreign language in an Australian school
to undertake full-time domestic work for a diplomat
as a person with statutory privileges and immunities
to participate in the Seasonal Worker Programme.

3. Subclass 407 Training visa

This visa is for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

4. Subclass 408 Temporary Activity visa

This visa is for people who want to come to Australia on a temporary basis to:

work in the entertainment industry
participate in non-ongoing cultural or social activities at the invitation of an Australian organisation
observe or participate as an academic in a research project
undertake full-time religious work
participate in a special programme to enhance international relations and cultural exchange
participate in high-level sports (including training)
work in a skilled position under a staff exchange arrangement
participate in an Australian government endorsed event
work as a superyacht crew member
undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship under the New Temporary Activity Framework

A single sponsorship type (temporary activities sponsor) replaces the six previous sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew). Sponsorship applications are now required to be lodged online.

For more information on applying for Temporary Activity visas, please feel free to contact us by email at info@hartmanlawyers.com.au or by telephone on +61 3 9021 0986.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

New Ten Year Australian Visitor Visa (Initially Available to Chinese Nationals)

Posted by Rebecca Berkovic on November 20, 2016

The eagerly awaited Ten Year Australian Visitor visa was introduced by the Australian Department of Immigration and Border Protection (DIBP) on 19 December 2016.

The Ten Year Visitor visa forms part of the Visitor (subclass 600) visa as a separate ‘Frequent Traveller’ stream.

‘Frequent Traveller’ Visitor Visa Requirements

The newly created Visitor visa stream for frequent travellers permits both tourism and business visitor activities and allows up to ten years’ validity.

The primary requirements of this visa are as follows:

At the moment, this visa stream is only available to citizens of the People’s Republic of China, however a list of additional ‘specified countries’ is intended to be introduced.
The visa applicant must be outside Australia at the time of application.
The visa applicant must have a genuine intent to visit Australia as tourist or to engage in business visitor activity.
The visa applicant must be able to satisfy health requirements and may be requested to undertake a medical examination.

Ten Year Visitor Visa Conditions

The Ten Year Visitor Visa will be granted for up to ten years. It will allow for the following:

Multiple entries and up to a three-month stay period after each entry during the validity period of the visa.
No more than 12 months cumulative stay in Australia in a 24 month period.
The Frequent Traveller stream will permit both tourism and business visitor activities, however use of this visa to maintain de facto residence or to work in Australia will not be permitted and such actions will lead to a consideration of cancellation.

Cost of the Visa

The Visa Application Charge for the Ten Year Visitor visa will be AUD$1,000.

The ‘Frequent Traveller Stream’ as part of the Visitor visa is currently only available to Chinese nationals at this initial stage. However we will keep our clients, colleagues and contacts updated once the list of eligible countries is extended.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

Ceasing Employment as a 457 Visa Holder

Posted by Rebecca Berkovic on November 10, 2016

Following from our article last month regarding Transferring Employers for Subclass 457 Visa Holders- Important Policy Changes, the Australian Federal Government’s proposal to reduce the period a Temporary Work (Skilled)(subclass 457) visa holder can remain in Australia after ceasing employment with their sponsor has been introduced into the Migration Regulations 1994.

Instead of the previous 90 day period to remain in Australia, subclass 457 visa holders whose employment with their sponsor has ceased (either due to termination or resignation) will now have only 60 days to remain in Australia.

However, subclass 457 visa holders may be able to find another employer willing to sponsor them. Policy updates from last month dictate that now the 457 visa holder’s new potential employer is only required to lodge a new nomination and (if required) sponsorship application within the 60 day period. The nomination is no longer required to be approved within this period.

Please note that the 60 day amendment will affect subclass 457 visa holders where the visa was granted on or after 19 November 2016.

For advice regarding subclass 457 sponsorship, nomination and visa applications, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

‘Global Allocation Method’ and Change in Processing Arrangements for 457 Cases

Posted by Rebecca Berkovic on November 2, 2016

The Department of Immigration and Border Protection (DIBP) has confirmed that from mid-October 2016, Temporary Work (Skilled)(Subclass 457) sponsorship, nomination and visa applications will no longer be allocated to the Australian state in which the sponsor’s head office is located.

Instead, the DIBP is moving towards a ‘Global Allocation Method’ for subclass 457 processing, meaning that subclass 457 sponsorship, nomination and visa applications will not be allocated based on location. Applications will be allocated to one of the five current processing centres:

Adelaide Temporary Entry Section;
Brisbane Temporary Entry Section;
Melbourne Temporary Entry Section;
Perth Temporary Entry Section; and
Sydney Temporary Entry Section.

Advantages of a ‘Global Allocation Method’ for 457 Visas

These changes are intended to improve efficiency so that cases are able to be allocated to the processing Temporary Entry Section where there is the least back-log of applications.

A ‘global allocation method’ is also intended to improve consistency of decision-making in relation to subclass 457 sponsorship, nomination and visa applications. A ‘global allocation method’ will remove a processing culture particular to Temporary Entry Sections across states.

It is also intended that related applications, ie a subclass 457 sponsorship, nomination and visa application, will be allocated to one case officer at the same time, rather than the current system where related applications can be sent to different case officers. The new system should lead to greater streamlining and efficiency of processing subclass 457 applications.

For advice regarding subclass 457 sponsorship, nomination and visa applications, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.