Temporary Australian Business Visas:
Short and Long Stay
Professionals can enter Australia on a temporary basis to conduct business or to undertake employment that is considered to benefit the Australian economy. These temporary visas are meant to streamline their application process.
Overview: Temporary Australian Business Visas
The main current business and temporary residence visa (Class
UC) is intended to allow for relatively streamlined entry to Australia,
catering for:
- Australian Business ('Short-Stay') visa:
Designed for genuine business visitors seeking a short-term entry to Australia for business purposes (up to three(3) months at a time). An electronic visa is also available for people
from gazetted countries.
- Australian Business ('Long-Stay') visa:
Designed for long-term temporary business and skilled entry (up to four(4) years) to work in Australian companies or to
set up a new business or branch of an overseas company.
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Short-Stay Australian Business Visas
(up to three months)
Subclass 456 visa:
An applicant can apply for a stay of up to three months at a
time for purposes such as pursuing investment opportunities and attending to business interests and negotiations.
Visa validity options include single entry only or multiple entry for up to five years (or life of passport to a maximum of ten years).
The applicant must be outside Australia both at the time of application and at the time of grant.
Subclass 977 visa:
The short-stay business visa is also available in electronic
form (Electronic Travel Authority) to eligible passport holders of 31 countries and locations, with more than 55 airlines and
22,500 travel agents worldwide participating in the system. Application
must be made outside of Australia.
Subclass 459 visa:
The Sponsored Business Visitor (Short Stay) 459 visa was introduced
on 1 July 2000, and falls under Class UL. The visa program enables
a small group of business visitor applicants who have difficulty
establishing their bona fides overseas to provide overseas decision
makers with stronger evidence of their intention to depart Australia
before their visas expire.
The program requires a sponsorship by a settled Australian citizen
or permanent resident and an undertaking by the sponsor that the
visitor will abide by the conditions of their visa and will return
home before the visa expires.
This visa however is comparatively restrictive in that it only
allows Australian Government agencies, members of State, Territory
and Federal Parliaments, and local government mayors, to provide
formal sponsorships for business visitor visa applicants.
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Long-Stay Australian Business Visas
(three months to four years)
Subclass 457 visa categories:
Under this visa class, business people and skilled personnel
from overseas may qualify and apply for one of the following categories
providing for a stay of up to four years:
- Sponsorship by Australian businesses (SBS
or PQBS) operating in Australia seeking to Employ a foreign
worker (including intra-company transfers)
- Sponsorship by Overseas businesses (QSBS)
seeking to establish a branch of the company in Australia, participate
in joint ventures or to fulfill a contract awarded to an offshore
company
- Independent Executives / Entrepreneurs seeking
to establish new businesses or joining existing businesses in
Australia
- Labour Agreement
- Regional Headquarters Agreement
- Entering as Service Sellers, a special category
under General Agreement on Trade in Services [GATS]
Descriptions are provided below for each of the above different
categories by which a Subclass 457 visa can be made.
1 and 2: Sponsored Temporary Business Entry
Applying for temporary employment involves a three-step application
process:
(a) Sponsorship (by the employer),
(b) Nomination (by the employer) and
(c) Visa (lodged by the applicant).
(a) Sponsorship (first
step):
Sponsorship by Australian businesses
Australian employers seeking to sponsor the temporary entry of
an overseas person must apply for either Pre-Qualified Business
Sponsorship (PQBS) or Standard Business Sponsor (SBS)
status.
PQBS status initially is valid for two years with annual or biennial
renewal thereafter. Employers with PQBS status may lodge any number
of business nominations (see below) during the validity of their
PQBS status. SBS status allows sponsors to nominate a set number
of eligible occupations to be filled by non-residents over a 12-month
period.
Both types of sponsor (SBS and PQBS) must establish that they
are of good standing and will provide benefit to Australia through
their sponsorship activity. Benefit may include contributing to
employment creation or enhancing Australia's competitiveness or
trading performance.
It is necessary for employers to demonstrate a satisfactory training
commitment towards Australian workers or that they will introduce,
utilise or create in Australia new or improved technology or business
skills.
Sponsorship by overseas businesses
Overseas businesses may apply for Quasi-Standard Business
Sponsorship (QSBS) status and nominate currently employed
key personnel (for example, executives, senior managers and specialists)
for the purpose of establishing a business presence or fulfilling
contractual obligations for the overseas business in Australia.
Such employers are assessed against normal sponsorship criteria,
and are required to meet normal sponsorship requirements.
The proposed operation must be of benefit to Australia, providing
employment or enhanced competitiveness, trade or business links
with international markets. Employers are required to comply with
standard employer undertakings including any financial obligations
to the Commonwealth, Australian industrial laws and levels of
remuneration.
[Note - in 1999-2000, a total of 467 principal visas were granted to key personnel nominated by overseas companies].
(b) Nomination (second
step):
An approved sponsor must lodge a nomination for each position
to be filled.
From 1 July 2001, the concepts of "key / non-key"
activity and "labour market testing" were replaced with
a requirement for the business activity nomination to meet certain
skills and salary threshold requirements.
These requirements are intended to ensure that only highly
skilled occupations are approved (among other requirements). At
the time the nomination is made:
The tasks of the activity nominated must correspond to the tasks
of an occupation specified in a Gazette Notice.
The applicant must be paid at the level specified in the nomination,
and that level must be at least the minimum salary level specified
in a Gazette Notice.
(C) Visa Application (final
step):
The principal applicant must possess the relevant skills and
background necessary to perform the nominated activity.
Any skills assessment required of the applicant is undertaken
at this stage.
Generally, the visa applicant and any dependents over 12 years
of age included in the application must provide an X-ray if stay
is for more than 12 months. However, applicants who are intending
to work in an area of special significance, for example, health-care
fields, and classroom or food situations must undertake complete
medical examinations.
A temporary 457-visa holder is subject to a strict 'work limitation'
(condition 8107) meaning he or she must only work for the original
sponsoring employer.
Dependent partners have unlimited work rights.
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3. Independent Executive / Entrepreneur Visa
From 1 March 2003 this Subclass 457 (Business (Long Stay)) visa ceased to be available to a first time "Independent Executive" (IE) applying offshore. Overseas applicants seeking to establish new businesses or joining existing businesses in Australia now need to consider the two-stage Australian business skills visa processing arrangements introduced on 1 March 2003.
However, an "Independent Executive" visa holder (granted pre-1 March 2003), who is facing the expiry of their current visa may qualify and apply for a further 457 Temporary Business Entry (Class UC) visa without having to leave Australia provided he or she has been (among other criteria) conducting a business in Australia as a principal for at least 15 months. (If for a lesser period, an endorsement of a State or Territory government to apply on-shore for a new visa of the same class is required).
Alternatively, an eligible 457 (IE) visa holder may apply for permanent residence under either the Established Business Owner Subclass, Regional Established Business in Australia (REBA) or via the second stage State/Territory Sponsored Business Owner (Residence) visa.
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4. Labour Agreements (LAs)
Provision is made under the Subclass 457 visa for the issue of
a labour agreement -- a formal agreement negotiated between the
Australian Government and the employer or industrial association
for the temporary and/or permanent entry of a specified number
of persons with particular skills to fill a group of positions
where a skill shortage can be demonstrated (frequently in labour sensitive occupations).
Applicants must be under 45 years of age (unless the appointment is considered to be 'exceptional'). No labour market testing or evaluation of the skill nature of the position occurs, having
been addressed during the negotiation phase. Only the skills of individual applicants need to be verified to ensure each satisfy the requirements of the exiting Agreement.
The main aim of LAs is to ensure that the recruitment of skilled persons from overseas occurs in the context of improving employment and training opportunities for Australian citizens and/or permanent
residents.
Currently, there are over 60 current Labour Agreements with more under negotiation. The major areas covered are in the ICT, resources, and
hospitality sectors.
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5. Regional Headquarters Agreements (RHQs)
RHQs issued under the Subclass 457 visa enable the temporary
and permanent transfer of key expatriate executive and specialist personnel of the company group, and such applications therefore
receive priority processing over applications to which a standard Labour Agreement applies.
RHQs form part of a range of incentives, for instance, tax incentives
designed to enhance Australia's attractiveness as a business location
in the Asia-Pacific region.
The objectives of RHQs are to:
- Encourage international firms to choose Australia as a regional
base
- Promote the competitive advantages of Australia as an investment
location
- Facilitate the development of investment proposals and the
establishment of regional operations
- Provide continuing support services to assist companies considering
expanding their investment in Australia
Invest Australia, in the Department of Industry, Science and
Resources (DISR), is the responsible body for assessing all proposals of companies wishing to establish regional operations in Australia. Proposals are assessed in consultation with DIAC, which is also a signatory to any agreement.
There are over 90 current Regional Headquarters Agreements with
the greatest number of visas issued in the ICT and financial sectors.
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6. Service Sellers
Provision is made under Subclass 457 for the issue of a visa
allowing a stay of up to 6 months to persons seeking to enter
for temporary business purposes as service sellers. This arrangement is to enable Australia to meet its obligations under the General Agreement of Trade in Services (GATS) to such persons whose employers are seeking to negotiate the supply of services.
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Renewal, Extensions and Change in Visa Status
Temporary admission means that a visa holder obtains a residence permit for a limited period of time (up to four years). When the time has expired, the visa holder must leave Australia unless
a change in resident status is obtained -- temporary or permanent residence.
If a visa holder needs to extend their stay in Australia, a new visa must be applied for before his or her current visa expires, as it is not possible to extend an existing visa.
In such situations a temporary Business (Long Stay) visa holder may consider applying for migration or permanent residency through:
Another option is to apply for a further temporary stay (for
example, Subclass 457, Graduate - Skilled, Occupational Trainee, Retirement, and so forth) without having to depart Australia,
provided he or she has a current qualifying visa and specific
selection criteria are met.
Beware: applying for certain temporary or migrant visas does not allow further stay in Australia, or a change in status. This means a further visa for either a temporary stay or permanent residence in Australia is not legally possible.
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Do it Right the First Time
For instance, during 2009-2010 Migration Program year, 3,109 Business Work visa applications (includes temporary employer sponsorships) under the subclass 457 visa stream were refused (statistics provided by DIAC).
Regulations and policy are complex and ever-changing. Right now, the Australian Government is conducting a major review of the
current Temporary Residence Program in an effort to simplify its
operation, with a view to removing unnecessary complexities and inconsistencies.
As in every application, great care is required in preparing
forms and key supporting documents. Often what is submitted initially will be relied upon by the Department of Immigration in subsequent
applications.
Individuals who breach or overstay their visa may be subject
to an exclusion period from returning to Australia, usually up
to three years, irrespective of whether they leave voluntarily
or not (only limited waiver provisions exist).
Avoid taking unnecessary risks, and save time and expense by working with Beyderwellen & Company. Complete our Online Australian Immigration Assessment Form to discover how you can migrate to Australia.
View our sample Client Case Studies to see how our clients have successfully migrated to Australia.
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