Category: Short-Term Work visas

Eligibility for an Australian Temporary Work (International Relations) Visa

Posted by Rebecca Berkovic on March 8, 2017

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:

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.
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.
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.
Domestic Worker stream: The visa is valid for the duration of the employer’s posting to Australia.
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.

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:

Upcoming Changes to the Australian Temporary Activity Visa Framework

Posted by Rebecca Berkovic on September 20, 2016

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:

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 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:

Work and Holiday visa arrangements for China

Posted by Rebecca Berkovic on July 13, 2015

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.