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:
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.