NEW temporary work visas

NEW Subclass 401 (Temporary Work (Long Stay Activity)) visa

The Subclass 401 visa replaces the Exchange (Subclass 411) visa, Sport (Subclass 421) visa, and Religious Work (Subclass 428) visa, and establish a single Long Stay Activity sponsorship. This new visa has the following three streams:

·         Exchange stream (for applicants participating in an exchange of staff);

·         Sport stream; and

·         Religious Worker stream.

NEW Subclass 402 (Training and Research) visa

The Subclass 402 visa replaces the Occupational Trainee (Subclass 442) visa, the Visiting Academic (Subclass 419) visa, and the Professional Development (Subclass 470) visa and establish a single Training and Research sponsorship. This new visa has the following three streams:

·         Research stream;

·         Occupational Trainee stream (requires nomination by a Training and Research sponsor); and

·         Professional Development stream (requires nomination by a Professional Development sponsor).

NEW Subclass 403 (Temporary Work (International Relations)) visa

The Subclass 403 visa replaces the Subclass 406 (Government Agreement) visa, the Subclass 415 (Foreign Government Agency) visa, Subclass 426 (Domestic Worker – Diplomatic or Consular visa, and the Privileges and Immunities provisions currently in the Subclass 456 (Business (Short Stay)) and Subclass 457 (Business (Long Stay)) visas. This Subclass does not require sponsorship and will have the following three streams:

·         Applicants covered by an international government agreement, or who direct the operations in Australia of certain language institutes;

·         . Applicants who are to be employed as representatives of certain foreign government agencies or as foreign language teachers in Australian schools; and

·         3. Applicants who undertake domestic duties in the households of holders of diplomatic visas; and applicants accorded privileges and immunities.

AMENDED Subclass 420 (Temporary Work (Entertainment)) visa

Amendments to the Subclass 420 visa:

·         Relocate provisions relating to overseas film crew currently in the Subclass 423 (Media and Film Staff) visa to the Subclass 420 (Temporary Work (Entertainment)) visa; and

·         Continue to provide some other provisions currently in the Subclass 423 (Media and Film Staff) visa in the Subclass 457 (Business (Long Stay)) and Subclass 456 (Business (Short Stay)) visas.

Please contact Ryan Curtis-Griffiths, Director – Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.au or by telephone: +61 3 9614 7111 if you require advice or assistance.

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How long is my police check valid for?

Your police check is valid for twelve (12) months.

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What is a Labour Agreement?

Labour agreements are formal arrangements between an employer and the Commonwealth which lets an employer recruit an agreed number of skilled workers from outside Australia.

Long Answer

Labour agreements are formal arrangements between an employer and the Commonwealth which lets an employer recruit an agreed number of skilled workers from outside Australia.

A labour agreement can take about six months to be negotiated. It comes into effect when it has been signed by all parties involved in the negotiations.

The agreement must:

• identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers
• specify the number of skilled workers needed from outside Australia
• the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

You can use a template labour agreement if there is one for your industry or your worker’s occupation. If the template does not suit your needs you can negotiate an individual agreement.
A good quality labour agreement can take four to six months to finalise. A labour agreement is typically valid for three years.

- Ryan Curtis-Griffiths, Director Nevett Ford Lawyers (immigration lawyer & registered migration agent)

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What is an eligible New Zealand citizen?

An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001.

An eligible New Zealand citizen can:

• sponsor family members for an Australian permanent visa
• access certain social security payments
• obtain Australian citizenship.

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Change of address and / or passport details - what does Australian immigration require?

If you intend to change your residential address for more than 14 days while your Australian vis application is being

processed, you must tell the Department of Immigration & Border Protection (DIBP) your new address prior to moving, and how long you will be there.

 

You must also advise the DIBP of any changes to your passport details before and after a visa is granted to you.

 

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Who can translate my documents into English for me?

Any document in a language other than English that you need to provide to the Australian Department of Immigration & Border Protection (DIBP) must be accompanied by a certified English translation. A translator must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).

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How can I prove I have 'functional' English?

Proof that confirms your ability to communicate in functional English includes:

·         an International English Language Testing System (IELTS) average score of at least 4.5 for the four test components (speaking, reading, listening and writing)

·         an Occupational English Test score which is at least equivalent to an IELTS 4.5, and the test was relevant to your nominated occupation

·         your first language is English and you have a current passport from the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland

·         a positive assessment by an Adult Migrant English Program service provider in Australia

·         a trade, diploma or higher qualification awarded by an institution in or outside Australia which involved at least two years of full-time study and all instruction was in English

·         completion of at least one year of full-time or equivalent study in Australia for a diploma or higher qualification and all instruction was in English.

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