Short-term work visas are classified as either short stay specialist visas, training visas, or temporary activity visa.
Short Stay Visas for Specialist Work – subclass 400
A specialist work visa (400) can be granted to people who have highly specialized skills that are not easily available in Australia and are required to undertake work of a highly specialised nature in Australia, which is of short-term duration and which is usually required to fulfil a contractual obligation in Australia, between an overseas provider and an Australian company.
Temporary Activity Visa – Training – subclass 407
A Training Visa (407) is granted to people who seek to enhance their skills through a structured work- place training program. The applicant will be required to meet the basic skill level of the occupation and have had 12 months experience in the last 24 months in the occupation they wish to be trained in. The employer needs to be approved as a temporary activity sponsor and present a relevant and detailed structured training plan which the overseas person will be trained in. The visa can be requested for any period of time up to 2 years, depending on the amount of time that training is needed.
Temporary Activity Visa – is required to be in Australia for a short period to undertake specific activities – subclass 408.
This visa is for people who require to come to Australia for short periods. There are several types of short stay activity visas such as: invited participant in an event, entertainment, performing in film or television, religious worker, domestic worker, sports trainee, elite player, coach, youth exchange, research and many others.
Learn MorePartner Visas – subclasses 820/801, 309/100 and 300
A provisional or permanent partner visa may be granted to the spouse, de-facto partner, or fiancé of an Australian citizen or Permanent Resident, based on the couple being in a genuine relationship. An onshore lodgement of a partner visa is the subclass 820/801 and if lodged offshore, it is a 309/100.
Generally, a partner visa is a two-step application with a provisional visa being granted first (820 or 309) and then two years from the lodgement date, the permanent part can be lodged (801 or 100), where the couple will need to demonstrate they are is still together.
A 300 visa is a prospective (fiancé) partner visa, which can only be lodged when the overseas applicant is offshore. The couple will need to have met in person to be able to lodge this visa.
Parent Visas
Contributory – subclasses 143 (offshore) and 864 (onshore).
Non- Contributory – subclass 103 (offshore) and 804 (onshore).
There are generally two main kinds of parent visas which lead to Permanent Residence which are contributory and non-contributory parent visas. Either can be lodged either from within Australia or outside Australia. A parent visa can be lodged in Australia if at least one of the parents meet the age requirement of the aged pension definition in Australia
An applicant for a parent visa must meet the balance of family test. This means that at least 50% of the applicant’s children live in Australia as Australian citizens or Permanent Residents or more children are living in Australia as Australian citizens or Permanent Residents than in any other single country.
Learn MoreThe Business Innovation and Investment Program (BIIP) – 188 Visa
There are four visa streams under the Business Innovation and Investment Program, subclass 188.
The Business Innovation and Investment Program visas offer a direct pathway to permanent residence after three years, subject to meeting certain residence and investment or business turnover requirements. The initial visa will be valid for five years.
These 4 streams of business visas are as follows:
The Business Innovation Stream
The applicant must pass a points test, have a successful business career with a business turnover of at least AUD 750,000, and have net assets of AUD 1.25 million. The applicant must also obtain and maintain substantial ownership and management of an Australian business.
The Investor Stream
The applicant must pass a points test, commit AUD 2.5 million into a complying Australian-managed investment funds for the duration of the provisional visa validity, and reside in Australia for at least two years.
The Significant Investor Stream
The applicant must commit at least AUD 5 million into a complying Australian-managed investment funds for the duration of the provisional visa validity and reside in the country for an average of 40 days a year for primary visa holders.
The Entrepreneur Stream
The applicant must undertake, or propose to undertake, a complying entrepreneur activity in Australia. A complying entrepreneur activity must relate to an innovative idea that will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.
Skilled Independent visa subclass 189, Skilled Nominated visa subclass 190, and Skilled Work Regional (Provisional) subclass 491.
If you are a skilled person who wants to live and work in Australia, you may apply for a Skilled Visa via the points system. A skilled visa may be granted to skilled people who could be professionals or trades workers and who qualify for the General Skilled Migration Program. The basic requirement is to score a minimum of 65 on the points test. The application involves being granted an invitation under Expression of Interest. (EOI) to lodge a Permanent or Provisional Residence visa application.
Learn MoreTemporary Skill Shortage visa subclass 482, Employer Nomination Scheme subclass 186, Skilled Employer Sponsored Regional (Provisional) subclass 494 and Regional Sponsored Migration Scheme RSMS subclass 187.
As an Australian business, you wish to sponsor a skilled overseas worker on a temporary or permanent basis to meet a skills shortage position in your business. As an overseas skilled worker, you have skills and relevant work experience and an employer in Australia that is interested in sponsoring you to work for them. Your occupation has to be on the skilled list which is divided into the Short -Term Skilled Occupation List (STSOL) and the Medium and Long -Term Strategic occupation list. (MLTSSL). You cannot apply for a 187 unless you are already a holder of a 482 or 457 visa and meet specific conditions.
Learn MoreStudent Visa subclass 500 and Temporary Graduate Visa subclass 485.
Anyone who wants to experience Australia’s high quality of education can apply for a student visa (500). The education provider and country of citizenship determine student visa requirements. There is an exceptional wide range of courses on offer from English courses through to PhDs and everything in between. Once a student completes their qualification in Australia and they meet certain study requirements they can apply for a Temporary Graduate Skilled Visa (485) which will give them unrestricted work rights. A subclass 485 visa has two streams. One is a Post Study Work Stream and other is a Graduate Work Stream. A 485 can be granted for up to 4 years depending on what qualification has been completed in Australia, however, the most common time frames which 485 visas are granted are either 18 months or two years.
Learn MoreEmployer Sponsorship
Visa
Skilled Person & Want to Live
and Work in Australia
Sponsor My Partner
or Parents
Student Visa or
Graduate Visa
Start a Business or
Invest in Australia
Many Australians find overseas partners who they wish to spend the rest of their life with, and there is a pathway to obtain a permanent visa based on a genuine relationship with an Australian citizen, Australian Permanent Resident or Eligible NZ citizen.
Most partner visas can be lodged in or out of Australia, except for Prospective Partner visas, which must be lodged when the overseas partner is offshore. To lodge any partner visa, the applicants must show that their relationship is genuine and mutually exclusive.
This visa can be based on marriage, a de-facto relationship of living together for 12 months under the same roof, or de-facto of less than 12 months of living together and registering their relationship with the Registry Office of their State/Territory in Australia. Please note that not all States and Territories have a facility for relationship registration. As an example, WA and NT do not allow for relationship registration. In the case of these two states, you and your partner need to either be living together for 12 months under the same roof or get married prior to lodging your partner visa. Please also note that if you are going to lodge on basis of being married, the marriage needs to have taken place prior to lodgement.
A partner visa is a two-stage application. In the first stage, once positively assessed, a provisional visa is granted. After two years from lodgement of the provisional visa, the provisional visa holder can apply for a permanent visa.
It is important to check if your overseas partner does not have an 8503 condition (no further stay) on their visa from which they are going to lodge a partner visa, as this condition would prevent them from lodging another visa onshore. A no further stay condition is (8503) is typically, but not always, placed on some visitor visas, especially 600 visas and family-sponsored visitor visas.
An EOI is not a visa application, it is an application that you would like to be invited to apply for a skilled visa. It’s an online form, with no fee which asks you a series of questions about how you intend to score your points for a subclass 189, 190 or 491 visa application. It is imperative that your points are calculated accurately so that when a visa application is lodged after being granted an invitation, the points in the visa application are the same as the points claimed in the EOI. An EOI does not result in a bridging visa.
To lodge an onshore parent visa, your parents must meet the balance of family test. In addition, at least one of your parents must be old enough to receive the age pension in Australia. They must not have an 8503 (no further stay) condition on their visitor visa, or if they do, they must apply for it to be waived prior to lodging the application.
There are two application pathways for this category.
Pathway One – Temporary Residence Transition:
Once 457 visa holders have been employed for two years with the same employer or an associated entity of that employer, provided their 457 visas was lodged prior to 18th April 2017, they can apply for an Employer Nominated Sponsorship, 186 visa before reaching 50 years old.
Alternatively, 482 visa holders can apply for an Employer Nominated Sponsorship Visa, 186, provided their occupation is on the Medium and Long-term Strategic List (MLTSSL), and have been sponsored by the same employer, or an associated entity of that employer, for three years. The application has to be lodged prior to turning 45 years old.
Pathway Two – Direct Entry:
The occupation that the business will nominate you has to be on the Medium and Long-term Strategic List (MLTSSL) list of occupations. The 186-visa applicant must complete a Skills Assessment from the assessing authority of that occupation and demonstrate that you have had a minimum of three years’ experience post qualification in that occupation. Applicants need to be under 45 years old at the time of application.
You are required to apply for an RRV (Resident Return visa) if your Permanent Residence visa is about to expire and you intend to depart and return to Australia or you are offshore and wish to renew your permanent residence visa.
If you’ve been living in Australia for at least two years (this can be accumulative) in the last five years prior to lodging your Resident Return Visa (RRV), you will be granted a new five-year block of time so you can continue living in Australia with your Permanent Residence visa.
If you have been living in Australia for less than two years in the last five years, or living overseas but have visited Australia even for a short period of time, prior to the date of lodging a new RRV application, you may be eligible for a one-year RRV.
To be eligible for a one-year RRV, you would need to present evidence of your ties to Australia, such as employment, family/personal, investment or business commitments. If you have spent a substantial amount of time offshore in the last 5 years and only on occasion visited Australia, it is also advisable to write a statement explaining your absence from Australia.
If you live in Australia and your Permanent Residence visa expires, your visa status will automatically carry over – meaning you will continue to have Permanent Residence visa status. If you then wish to travel outside Australia, you will need to apply for an RRV, which will enable you to return to Australia as a continuation on your Permanent Residence Visa, but with a new RRV visa.
Please contact us and speak to our expert team at AustraliaMigrate to help you with the renewal of your RRV.
In limited circumstances, you can apply for a bridging visa if you are in Australia without a valid visa.
A bridging visa A is granted automatically when an application is made for another visa while the applicant is holding a substantive (that is a proper visa, such as student, visitor, working holiday visa TSS etc).
A bridging Visa or C is granted if an applicant is in Australia and holds a bridging visa A, or in some cases does not hold any visa, and applies for another visa. It allows them to remain in Australia until a decision is made on their application. The Department will usually place a work restriction on a bridging visa C, but it is possible to apply for work rights to have this overturned to be able to work.
If you are granted a bridging visa A, and only when it is active and you want to travel outside of Australia while your application is being assessed, then you need to apply for and be granted a Bridging visa B prior to your scheduled travel.
At all times, you must avoid being in Australia without a valid visa or a Bridging visa. Unlawful stays in Australia usually carry a three-year restriction on any temporary visa that allows re-entry into Australia.
As a visa holder, you can use VEVO to check your current visa details and conditions. VEVO stands for Visa Entitlement Verification Online. This is a link on the website of the Department of Home Affairs. You will need to have your passport details with you when you apply for a VEVO check.
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