Category: Short-Term Work visas

New Category Added to the Accredited Sponsor Scheme

The Minister for Immigration, Citizenship and Multicultural Affairs has recently agreed to a new category of accredited sponsor (category 5), as explained below.

Background

The Accredited Sponsor Scheme provides streamlined processing arrangements for those sponsors who apply to become accredited. Accredited sponsors receive priority processing for Temporary Skill Shortage (TSS) nominations and visa applications, with most applications processed in less than five days as well as priority processing for ENS (Employer Nomination Scheme subclass 186) and RSMS (Regional Sponsored Migration Scheme subclass 187) nomination and visas applications. The scheme has four categories of sponsors which are described below:

  • Category 1: Commonwealth, state and territory government agencies with Australian workers making up at least 75% of the workforce in Australia.
  • Category 2: Australian Trusted Trader with Australian workers making up at least 75% of the workforce in Australia.
  • Category 3: Low volume usage and high percentage of Australian workers (at least 85%).
  • Category 4: High volume usage and medium percentage of Australian workers (at least 75%).

For each of these categories there are a number of conditions that a business must meet to be accredited, such as requirements relating to minimum annual turnover, business structure and employment arrangements.

New Category 5: Major investment in Australia

A new Category 5 has been added to the Accredited Sponsor Scheme. In order to be accredited in this category applicants must:

  • have made a major investment in Australia (of at least AUD50 Million) which has directly generated Australian employment. Options for measuring a “major investment” may include:
  • a lasting contribution to Australia, including: the value of the investment, the company’s pattern of investment, jobs created, export outcomes generated, tax contribution; or
  • innovative business practices or technologies, including: introducing new skills and capabilities, setting up research activities in Australia or collaborating with Australian research institutions; or
  • supporting exports and the expansion of Australian industry within global supply chains, particularly in high value-add areas.
  • not be a sole trader or a partnership.
  • have been a standard business sponsor for at least one year.
  • have nominations approved for at least one primary TSS/457 visa holder in the last year.
  • have had more than 97% of nomination applications approved in the last year.
  • have no adverse monitoring outcomes.
  • have paid all Australian employees in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
  • engage all TSS/457 visa holders as employees under a written contract that meets National Employment Standards where they apply.

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

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.

Changes to Health Requirements for Certain Visas

On 18 November 2017 new visa condition 8602 was introduced as well as changes to the health insurance requirements for subclass 457 visas, as explained below.

New Condition 8602

New Condition 8602 has been introduced which requires the visa holder not to have any outstanding public health debts while in Australia. Public health debts are those reported the Department of Immigration and Border Protection by any Commonwealth, State or Territory health authority but do not include health costs which are covered by health insurance or Medicare, or are for treatment for certain community health risks (eg tuberculosis).

Breach of condition 8602 may result in visa cancellation. Accordingly, visa holders who accrue a public health debt should arrange to repay any this debt with the relevant provider as soon as possible to avoid their visa being cancelled.

Visa Condition 8602 will be discretionary for some visas and mandatory for several visas including (but not limited to):

  • Subclass 188 (Business Innovation and Investment)
  • Subclass 400 (Temporary Work (Short Stay Specialist))
  • Subclass 407 (Training)
  • Subclass 408 (Temporary Activity) (certain streams only)
  • Subclass 417 (Working Holiday)
  • Subclass 457 (Temporary Work (Skilled))
  • Subclass 461 (New Zealand Citizen Family)
  • Subclass 462 (Work and Holiday)
  • Subclass 476 (Skilled – Recognised Graduate)
  • Subclass 485 (Temporary Graduate)
  • Subclass 489 (Skilled – Regional)
  • Subclass 500 (Student)
  • Subclass 600 (Visitor)
  • Subclass 601 (Electronic Travel Authority)
  • Subclass 651 (eVisitor)
  • Subclass 676 (Tourist)

Health Insurance Requirements for Subclass 457 visas

Subclass 457 visa applicants no longer need to provide evidence, or a letter from their insurer confirming their health insurance arrangements when applying for a visa – they simply need to indicate they have made adequate arrangements on the online form.

However Condition 8501, “maintain health insurance” itself has not been changed – that is, 457 visa holders must still maintain adequate health insurance while in Australia.

Need Assistance?

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your circumstances.

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.

Temporary Work visa

Eligibility for an Australian Temporary Work (International Relations) Visa

When applying for a visa to enter Australia, it is essential to select the correct visa subclass.  Applying for a visa which is not a “good fit” for the applicant’s circumstances may lead to delays in processing, the visa being refused and missing out on travelling to Australia on the date intended.  For people travelling to Australia on a temporary basis, the relatively new Temporary Work (International Relations)(subclass 403) visa may be the most appropriate.

The Australian Temporary Work (International Relations)(subclass 403) visa was introduced at the end of last year to enable people from around the world to enter Australia via one of the following streams:

  • In relation to a bilateral agreement (Government Agreement stream);
  • To represent a foreign government or to teach a foreign language in an Australian school (Foreign Government Agency stream);
  • To do domestic work for a diplomat (Domestic Worker stream);
  • As a person with statutory privileges and immunities (Privileges and Immunities stream); and
  • To participate in the program of seasonal work (Seasonal Worker Program stream).

Duration of Visa

The length of time that visa holders can remain in Australia as the holder of a Temporary Work (International Relations)(subclass 403) visa depends on the applicable stream.  The following visa durations apply:

  1. Government Agreement stream: The visa is valid for a maximum of two years, or a shorter period approved by the relevant Foreign Ministry or government agency or the Australian signatory to the bilateral agreement.
  2. Foreign Government Agency stream: The visa is valid for a maximum of four years, or a shorter period approved by the relevant Foreign Ministry or government agency.
  3. Privileges and Immunities stream: The visa is valid for the period of the visa holder’s status as an international representative with privileges and immunities.
  4. Domestic Worker stream: The visa is valid for the duration of the employer’s posting to Australia.
  5. Seasonal Worker Program stream: Visa will be valid until a specified date, usually it will be the length of employment in Australia, and any additional time for to travel to and from the place of employment.

For more information on applying for a Temporary Work (International Relations)(subclass 403) visa, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

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.

Temporary Activity visa

New Australian Temporary Activity Visa Framework from 19 November 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:

  1. Temporary Work (Short Stay Specialist) (subclass 400) visa;
  2. Temporary Work (International Relations) (subclass 403) visa;
  3. Training (subclass 407) visa; and
  4. 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.

Temporary Activity Visa

Upcoming Changes to the Australian Temporary Activity Visa Framework

The Australian Government has recommended that a new Temporary Activity visa framework be introduced to replace the current relevant short-term Australian visas.  The new framework is intended to come into effect on 19 November 2016.

The suggested new visa framework is based on a Discussion Paper undertaken by the Department of Immigration and Border Protection (DIBP) in September 2014, entitled “Reviewing the Skilled Migration and 400 Series Visa Programmes.”  The recommendation from the Discussion Paper was to simplify Temporary Activity visas to enable greater accessibility and simplicity in this visa programme.

The following four Australian visas will apply to the Temporary Activity visa framework from 19 November 2016:

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

The new framework will replace the following existing visas, which applicants will no longer be able to apply for from 19 November 2016:

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

There will also be a restructuring of two current visas of the Temporary Work (Short Stay Activity) (subclass 400) visa and Temporary Work (International Relations) (subclass 403) visa.

The Australian Government has stated that the general eligibility criteria for the new Temporary Activity visas are as follows:

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

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

  • work in the entertainment industry
  • participate in a 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 (temporary activities sponsor) would replace six existing sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew).  This intended to simplify the sponsorship process.  Sponsorship applications are required to be lodged online.

Transitional Arrangements for Current Temporary Activity Sponsors

The Australian Government has stated that for sponsors approved before 19 November 2016 as a long stay activity, training and research, professional development, entertainment, special program or superyacht crew sponsor, the business is able to use this approval to sponsor a Subclass 407 Training visa or Subclass 408 Temporary Activity visa applicant (who is engaging in the relevant activity) during the transitional period or until the approval ceases.

From 19 May 2017 businesses will need to apply online for approval as a temporary activities sponsor if they wish to sponsor a Subclass 407 Training visa or Temporary Activity visa (subclass 408) applicant.

For more information on applying for Temporary Activity visas, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

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.

Work and Holiday visa arrangements for China

The Australian Government has introduced a Work and Holiday visa arrangement with China. This will enable young Chinese people to obtain a visa to enable them to work and travel in Australia if they hold tertiary qualifications and have English language skills.

It has been announced by the Australian Government that applications for the new Work and Holiday (subclass 462) visa will begin in September 2015.

Available places

The Australian Government will grant up to 5,000 visas per year.

Visa conditions

The Work and Holiday visa will enable Chinese nationals to:

  • Stay in Australia for 12 months from their date of first arrival;
  • Work for the 12 month duration of their stay, but for no longer than six months with any one employer; and
  • Study for four months.

Eligibility

The Australian Government has announced the eligibility criteria appearing below for applicants under the Work and Holiday visa.

The visa applicant must:

  • Hold a valid Chinese passport;
  • Be at least 18 but have not turned 31 years of age at the time an application is lodged;
  • Not be with a dependent child whilst in Australia;
  • Have enough money for support on a working holiday (approximately $5,000);
  • Have enough money to buy a return or onward travel ticket at the end of the stay;
  • Have not previously entered Australia on a Working Holiday visa (subclass 417);
  • Hold tertiary qualifications, or have successfully completed at least two years of undergraduate university study;
  • Have functional English;
  • Meet character and health requirements; and
  • Be a genuine visitor.

Further details about the Work and Holiday visa for Chinese nationals will be made available in the coming months.

For advice regarding Work and Holiday visa conditions, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747 for instructions.

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.