Country Profiles

Australia

July 2011

This summary is intended for informational purposes only and should not be considered an authoritative guide on how to obtain work authorization in Australia. The intent is to give the reader a general overview of the process only. Procedures and requirements may have changed since the writing of this article or may have been inaccurately characterized in it. For current and detailed information regarding the topics below, as well as documentary requirements, processing times, post-arrival and departure requirements, penalties for non-compliance, allowances for accompanying family members, and any other information pertaining to your specific needs, please contact your Pro-Link GLOBAL immigration professional.

Overview

BUSINESS VISITOR

Permitted Activities - Business visitors must generally limit their activities to the following:

  • attend a conference or training session,
  • to conduct business with an Australia-based organization,
  • to conduct business negotiations or
  • for an exploratory business visit

Business activities do not include acting, musical performances or commercial film making.

Type of Business Visas - The Visa type will depend on the nationality of the traveler. The following are examples of the types of business visa that are available to the business traveler.

  1. ETA (Business Entrant) (Subclass 956 and 977) - Available to passport holders from a number of countries and regions.
  2. eVisitor (subclass 651) - Available to passport holders from the European Union and a number of other European countries.
  3. Business (Short Stay) (Subclass 456) visa - For business people who are not eligible to apply for an ETA or an eVisitor.
  4. Sponsored Business Visitor (Short Stay) (subclass 459) visa -For business people who have an approved sponsor in Australia.
  5. APEC Business Travel Card - The APEC Business Travel Card streamlines travel for business people from participating economies in the Asia Pacific Economic Cooperation (APEC) region

Basic Requirements -

  1. Intention of a genuine visit for business and not for paid employment;
  2. Good health and character;
  3. Evidence that there are no restrictions on his or her traveling to Australia;
  4. No intention to permanently reside in Australia;
  5. A ticket for onward travel from Australia.

Estimated Processing Times - This varies by diplomatic post and country.

Maximum Time On Visa - This visa allows business people to make a short business visit to Australia for up to three (3) months during your visa validity period. Visas cannot be extended in country.

Typical Documents Required -
All travelers other than Australian and New Zealand citizens need to present the following documents to officers in immigration clearance:

  • a valid passport or other acceptable travel document
  • a valid visa or authority to enter Australia (including electronic visas)
  • a completed and signed Incoming Passenger Card (IPC) that includes a health and character declaration

EMPLOYMENT AUTHORIZATION

Basic Requirements - The principal visa category for temporary employment in Australia is the Temporary Business (Long-Stay) Visa (subclass 457). This is a Visa Category for employers to sponsor approved skilled workers to work in Australia on a temporary visa. Employers can nominate a number of positions for different occupations under the same sponsorship application. Employers can be in Australia or abroad.

Who is this visa for? - This visa is for employers who would like to employ overseas workers to fill nominated skilled positions in Australia.

Process Overview - The process for obtaining a Subclass 457 - Business (Long Stay) visa involves a three-step process summarized below.

  1. The company will need to be approved as an eligible sponsor, unless it is already approved to sponsor foreign employees; and
  2. The employer must nominate the position to be filled by an eligible nominated employee, and
  3. The employee must apply for a (Long-Stay) Visa (subclass 457)visa to be allowed to work in Australia.

An Australian host company must first qualify for Business Sponsorship from Australia's Department of Immigration and Citizenship (DIAC) is valid for up to two years and is the accreditation needed to sponsor overseas staff. The other two applications (Nomination and Visa Applications) are needed each time a foreign national requires work authorization and a visa.
For businesses operating in Australia all three applications are submitted and processed in Australia by the DIAC and can be submitted concurrently. Businesses without an operating presence in Australia wishing to assign staff to Australia (e.g., to establish an entity or meet contractual commitments) must apply for an Overseas Business Sponsorship with an Australian consular post. Nomination and visa applications must also be made at diplomatic missions outside Australia.

Estimated Processing Time - Six to eight weeks

Validity periods - With this visa you can employ overseas workers for a period of between one day and four years and after entering Australia, have no limit on the number of times they travel in and out of Australia.

The validity period of the:

  • sponsorship is three years
  • nomination is 12 months
  • visa is between one day and four years.

Family Members - With this visa those people you employ from overseas can bring any eligible secondary applicants with them to Australia - secondary applicants can work and study.