New Temporary Activity Visa Framework

By Mark Webster
Friday, 18 November 2016

A new framework for temporary work visas is in effect from 19 November 2016.

This has resulted in the abolition of 5 visa subclasses, and the introduction of 2 new visa subclasses. Sponsorship arrangements have also been simplified.

A summary of the main changes is below:

Training Subclass 407 Visa

This is a new visa subclass which replaces the old Training and Research Subclass 402 visa. There are two streams:

Occupational Trainee: where at least 70% of the training is on-the-job
Professional Development: where the applicant is working overseas in a management or professional capacity, and is coming to undertake mainly classroom-based training with an Australian organisation

The main change here is that occupational training must be provided directly by the sponsor, rather than through a third party. We understand that many arrangements where training is provided by a different "end user" will now be unlawful.

Requirements for the professional development stream have been relaxed - for instance there is no longer a requirement for a formal agreement between the Australian and overseas organisation and it is now possible to lodge onshore and include family members.

Temporary Activity Subclass 408 Visa

This is also a new visa subclass and incorporates the following application pathways:

Invited Participant stream from the Temporary Work (Short Stay Activity) Subclass 400 visa
Exchange, Sport, Religious Worker and Domestic Worker (Executive) streams from the Temporary Work (Long Stay Activity) Subclass 401 visa
The Entertainment Subclass 420 visa
The Superyacht Crew Subclass 488 visa
The Research Stream of the Training and Research Subclass 402 visa
The Special Program stream of the Special Program Subclass 416 visa

The streams are essentially unchanged, apart from the following:

Under the Invited Participant stream, wider range of activities are possible, the organisation inviting can now be an overseas organisation and the participant may be paid for their attendance
Restrictions on payment of wages and salaries are lifted for the Research stream

Temporary Work (International Relations) Subclass 403 Visa

The Seasonal Worker program has been moved from subclass 416 to subclass 403. Apart from that, the existing streams remain unchanged.

Temporary Work (Short Stay Activity) Subclass 400 Visa

The Subclass 400 visa renamed to Temporary Work (Short Stay Specialist) visa.

The Invited Participant stream has been moved to the Temporary Activity Subclass 408 visa. Otherwise, criteria are essentially unchanged.

Sponsorship Requirement

A single class of sponsor, the Temporary Activities Sponsor, replaces the previous 6 different types of sponsorship for temporary work visas. If the business holds one of the old sponsorship types, it can still be used for 6 months (ie up to 18 May 2017). After this, the business will need to apply for approval as a Temporary Activities Sponsor.

Sponsorship is in general required for subclasses 403, 407 and 408 where:

The application is lodged onshore; or
The application is lodged offshore, and the intended stay is 3 months or less

Where sponsorship is not required, the application would usually need to have an approved supporter - this may require providing a letter of support and background on the supporter.

Nomination Requirement

The nomination requirement has been removed for all application pathways, apart from the occupational trainee stream of subclass 407

Online Lodgement

All sponsorship, nomination and visa applications must be lodged online, except for Subclass 403 where a paper option is available.

Conclusion

The introduction of the new Temporary Activity Visa Framework should streamline the application process for sponsors. The simplified sponsorship arrangements, elimination of nominations and online lodgement will be time savers for sure. However, current sponsors will need to apply for approval as a Temporary Activities Sponsor within the next 6 months to continue to sponsor for visas.

Feel free to contact us if you would like to discuss how the new framework will impact your business.