IMPORTANT NEWS: Latest Changes Temporary Visa Australia – Activity visa framework changes for an Australian visa in 2016.
These changes Temporary Visa Australian Immigration rules 2016 were implemented on the 19th of November of last year.
Below the following visas are now closed to new applications for Australia visa:
- Subclass 401 Temporary Work (Long Stay Activity) visa
- Subclass 402 Training and Research visa
- Subclass 416 Special Program visa
- Subclass 420 Temporary Work (Entertainment) visa
- Subclass 488 Superyacht Crew visa.
Applications lodged prior to the 19th of November 2016 will be processed under the pre-19th of November 2016 legislation. These visas will be intertwined with the new temporary activity visa framework.
These are the four new visa subclasses that were introduced on the 19th of November 2016:
- Subclass 400 Temporary Work (Short Stay Specialist) visa
- Subclass 403 Temporary Work (International Relations) visa
- Subclass 407 Training visa
- Subclass 408 Temporary Activity visa.
The new framework is supposed to make applying for a Australian visa for a temporary visa easier.
It will greatly reduce red tape for not only businesses, industries but for individuals as well, this will be achieved by removing sponsorship and nomination requirements for specific short stay activities.
What will this changes temporary visa mean for you as an applicant?
You can now lodge your visa applications for the new framework, online through ImmiAccount
You now only have one sponsorship (temporary activities sponsor) and it replaced six existing sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew)
If you apply for the new subclass 408 Temporary Activity visa :
- You do not need to have a nomination
- You do not need to be sponsored if you apply from outside Australia and you only intend to stay in Australia for three months or less
- You do need to be sponsored if you applied from outside Australia and you intend to stay in Australia for over a three month period
- You do need to be sponsored no matter how long you intend to stay if you apply inside Australia
If you apply for a new subclass 407 Training visa, you do need a nomination and to be sponsored, no matter how long you intend to stay. No nomination will be required if the sponsor is a Commonwealth agency.
The new subclasses will begin allowing applicants on the 19th of November 2016, to enter Australia for temporary work or a specified activity.
I will hit the bullet points on the Australian Immigration rules 2016 for the new subclasses of visas for you to go over below:
Subclass 400 Temporary Work (Short Stay Specialist) visa
This is a visa for applicants who want to come to Australia on a temporary basis to:
You can undertake work on a short-term, highly specialised, non-ongoing basis
In some circumstances, you can participate in an activity or work that relates to Australia’s interests.
Subclass 403 Temporary Work (International Relations) visa
This is a visa for applicants who want to come to Australia on a temporary basis:
- That would be in relation to a bilateral agreement
- If you would represent a foreign government or teach a foreign language in an Australian school
- If you are going to undertake full-time domestic work for a diplomat
- If you as a person have statutory privileges and immunities
- In order to participate in the Seasonal Worker Programme.
Subclass 407 Training visa
This is a visa for applicants who want to come to Australia on a short basis to undertake occupational training or participate in classroom based professional development activities.
Subclass 408 Temporary Activity visa
This is a visa for applicants who want to come to Australia on a temporary basis:
- To do entertainment industry work
- Will participate in non-ongoing cultural or social activities at the invitation of an Australian organisation
- To observe or participate (as an academic) in a research project
- Do full-time religious work
- Will participate in a special programme in order to enhance international relations and cultural exchange
- To participate in high-level sports or any training with it
- To work in a skilled position under a staff exchange arrangement
- In order to participate in an Australian government endorsed event
- To work on a superyacht as a crew member
- To do full-time domestic work in the household of certain senior foreign executives.
Sponsorship Information
Implemented on the 19th of November 2016, you now need to apply online for an approval as a temporary activity sponsor. This is for if you want to sponsor a Subclass 407 Training visa or Subclass 408 Temporary Activity visa applicant that will need sponsorship.
Paper applications are no longer available.
What if you lodged a sponsorship application prior to the 19th of November 2016?
If you were approved a sponsorship before the 19th of November 2016 as a long stay activity in one of the below:
- training and research
- professional development
- entertainment
- special program or superyacht crew sponsor
Then you can use this approval to be a sponsor for a Subclass 407 Training visa or the Subclass 408 Temporary Activity visa applicant (who is the one engaging in the relevant activity) during the transitional period or until your approval ceases (whichever comes first).
This sponsorship application will continue to be assessed under the pre-19th of November 2016 legislation. The sponsorship would only be good for new applications up until the 18th of May 2017.
After the 19th of May 2017 you will then need to apply online for your approval as a temporary activities sponsor.
This applies if you want to sponsor a Subclass 407 Training visa or Temporary Activity visa (subclass 408) applicant.
Not all of the previous temporary activities sponsors will be eligible to sponsor applicants for all activity types with the new temporary activity visa framework.
For example, if you want to sponsor a religious worker, the sponsor must be a temporary activities sponsor that is a religious organisation.
There are some changes to the sponsorship of occupational trainees under this new Subclass 407 Training visa. You will not be eligible to sponsor occupational trainees if the training is facilitated by a third party.
There will be limited circumstances where this sponsorship arrangement will be allowed.
Nomination Requirements for the new subclasses
Subclass 408 Temporary Activity Visa
The subclass 408 visa will not require a nomination.
Subclass 407 Training Visa
The subclass 407 visa will require a nomination and this application must be lodged online.
All applications will need to be linked up to a nomination. Applications will NOT be able to be linked to a nomination if it was lodged prior to the 19th of November 2016.
All previously existing nominations lodged prior to the 19th of November 2016, will have to be linked to an associated visa application that was lodged prior to the 19th of November 2016.
If you are a:
- long stay activity
- training and research
- entertainment
- special program or superyacht crew sponsor
- and have applied or intend to apply to nominate an applicant for one of the associated visas prior to the 19th of November 2016, you will need to ensure that your nominated applicant applies for their visa prior to the 19th of November 2016.
- Otherwise the applicant cannot use the nomination.
All applications for nominations that were lodged prior to the 19th of November 2016 will be assessed and finalised under the pre-19th of November 2016 legislation.
If the applicant cannot lodge the associated visa application prior to the 19th of November 2016, you might want to contact your closest processing office to withdraw any unfinalised nominations, as they may not be used under the new proposed legislation.
Did you lodge your nomination after the 19th of November 2016?
Subclass 407 Training visa applications (except where the sponsor is a Commonwealth agency) will need to be linked to a nomination that was lodged after 19 November 2016. A Subclass 407 Training visa application will not be able to be linked to a nomination lodged before 19 November 2016.
Information regarding the new following visa subclasses:
Subclass 400 Temporary Work (Short Stay Activity) visa, subclasses 403 Temporary Work (International Relations) visa, subclass 407 Training visa, subclass 408 Temporary Activity visa
Started on the 19th of November 2016, visa applications will need to be lodged online. Paper lodgement will only available for the Subclass 403 Temporary Work (International Relations) visa. All of your supporting documents will have to be attached to your online application through ImmiAccount.
Visa applications that will need a sponsorship during the transitional period will need to be sponsored by an approved:
- long stay activity
- training and research
- professional development
- entertainment
- special programme and superyacht crew
- temporary activities
- sponsor that is an appropriate type of organisation or person.
Starting on the 19th of May 2017, all subclass 407 and 408 visa applications that need a sponsorship will have to have a temporary activities sponsor for the application to be valid and accepted.
The below will not be able to sponsor a visa applicant starting from the 19th of May 2017:
- Long stay activity
- training and research
- professional development
- entertainment
- special program or superyacht crew sponsors
What Should I Do?
Navigating through chance without any expertise or familiarity in immigration rules would jeopardizes your migration plan.
DIBP itself suggested potential applicant to seeking migration help to guide them during their visa application process.
Lead by registered migration agent, Mrs. Indah Melindasari, it is our duty to assist you throughout your application process if you are agree to become our clients.
ONE derland Consulting has extensive experience handling various Australian visa and succesfully solve complex mgiration cases.
Having discussion about your circumstances with Mrs. Indah is highly encouraged.
Through the private consultation session you will gain valuable insight about your migration option and build a strong migration plan based on those information and your current circumstances.
to find further information on your options and eligibility for the new subclasses of visas listed above, please contact our office on (+61) 8 9477-5831 or email: [email protected]
