The Temporary Work (Long Stay Activity) (Subclass 401) visa will allow you to come to Australia on a temporary basis to participate in a staff exchange arrangement, or to undertake sporting activities or religious work under one of the following three streams:

Sport
Religious Worker
Exchange.

Training and Research visa

The Training and Research (Subclass 402) visa will allow you to come to Australia on a temporary basis to undertake occupational training, conduct or observe research as a visiting academic or participate in a professional development program.

You can apply under one of the following three streams:

Professional Development
Occupational Training
Research.

Temporary Work (International Relations) visa

The Temporary Work (International Relations) (Subclass 403) visa will allow you to come to Australia on a temporary basis to:

represent a foreign government (where you do not have official status)
undertake work or an activity in accordance with the terms and conditions of an agreement between a Commonwealth or state/territory government and a government of another country, or
undertake domestic work for the holder of a Diplomatic (Temporary) visa (Subclass 995).

You may apply under one of the following four streams:

Government Agreement
Foreign Government Agency
Domestic Worker – Diplomatic or Consular
Privileges and Immunities.

Temporary Work (Skilled) (Subclass 457) visa

From 24 November 2012 changes to this visa will be minimal. The name of the Business (Long Stay) (Subclass 457) visa will change to Temporary Work (Skilled) (Subclass 457) visa. However employers will still be able to sponsor approved skilled workers to work in Australia on a temporary basis for up to four years. Employers may nominate a number of positions for different occupations in exactly the same way as the Business (Long Stay) (Subclass 457) visa.

You may apply under one of the following two streams:

Labour Agreement
Standard Business Sponsor.

Temporary Work (Entertainment) visa

Changes to the Temporary Work (Entertainment) (Subclass 420) visa will be minimal. The Temporary Work (Entertainment) (Subclass 420) visa will still allow you to come to Australia to work in film, television (including documentaries and commercials) or live productions in either a performance or behind-the scenes role, such as, directors, producers or other production personnel.

Following the repeal of the Media and Film Staff (Subclass 423) visa the Temporary Work (Entertainment) (Subclass 420) visa will allow for the inclusion of television or film crew, including actors, production and support staff and still-photographers, who are involved in the production of documentary programs or commercials for use outside Australia.

Journalists, correspondents or reporters representing overseas news organisations will instead need to apply for the Temporary Work (Skilled) (Subclass 457) visa.

These changes will not affect sponsorship or nomination for the Temporary Work (Entertainment) (Subclass 420) visa.

New pathway for permanent residency in Australia: Introduction of the Significant Investor Visa for Australia.

Australia has introduced its new Subclass 188 Visa (Significant Investor stream), allowing applicants to be granted permanent residency through the investment of at least AUD$5mil in a “complying investment”.

The grant of permanent residency is a 2 step process whereby the applicant is required to first obtain a Subclass 188 (Provisional) Visa in the Significant Investor stream and then, once satisfying specific investment and residency requirements, apply for a Subclass 888 (Permanent) Visa in the Significant Investor stream.

To be granted the Provisional (i.e. temporary) visa the applicant will need to have deposited at least AUD$5mil in a “complying investment”, with the intention of having that investment for at least 4 years.

To be granted the permanent visa, the applicant must held one or more Subclass 188 (Significant Investor stream) Visa(s) for at least 4 years, held the “complying investment” for at least 4 years and have been in Australia for at least 40 days for each year they have held a Subclass 188 (Significant Investor) Visa.

For more information regarding this permanent residency pathway, please contact Sean Clancey (MARN: 0634959) at [email protected] or on (+613) 9383 6876.

Introduction of SkillSelect - 1 July, 2012

On 1st July, 2012, the Department of Immigration and Citizenship (DIAC) introduced their SkillSelect System, which affects how a person applies under the General Skilled Migration (GSM) Program. Rather than directly applying for a visa, a person now first submits an Expression of Interest (EoI) and, only after invited by DIAC, can they lodge an application for a visa. Once invited a person has 60 days to lodge their application via the SkillSelect Program.

The GSM SkillSelect is part of Immigration’s "Points Test" Program, in which an applicant is required to achieve, or exceed, the minimum Pass Mark for the visa Subclass they are applying for. The current Pass Mark is 60 Points, with Points are awarded on the basis of age, English Language ability, qualifications, work experience, etc.

The Points are determined at the time an applicant is invited to lodge their Visa Application rather than at lodgement of the Application or when a decision is made on their Application.

Immigration is indicating that the processing time between being invited and being granted the Visa is around 3 - 6 months (though this will depend upon a number of factors).

The new GSM SkillSelect Visas are:

Class: SI; Subclass 189 (Skilled Independent – Permanent);
Class: SN; Subclass 190 (Skilled Nominated – Permanent);
Class: SP; Subclass 489 (Skilled Regional – Provisional).

These Visas are Points Tested Visas.

Other Visa Subclasses available through SkillSelect Program include:

Class: UC; Subclass: 457 (Temporary Work [Skilled]);
Class: EN; Subclass 186 (Employer Nomination Scheme);
Class: RN; Subclass 187 (Regional Sponsored Scheme):
Class: EB; Subclass 188 (Business Innovation and Investment [provisional]);
Class: EC; Subclass 888 (Business Innovation and Investment [Permanent]);
Class: EA; Subclass 132 (Business Talent [Permanent]).

These Visas are not Points Tested Visa.

In line with these changes DIAC applicants are no longer able to apply for the following visas:

Class: VE; Subclass 175 (Skilled – Independent [Migrant] Visa);
Class: VE; Subclass 176 (Skilled – Sponsored [Migrant] Visa);
Class: VF; Subclass 475 (Skilled – Regional Sponsored [Provisional] Visa);

The following visas will be closed to all new application from 31 December 2012:

Class VB; Subclass 886 (Skilled – Sponsored [Residence] Visa)
Class VB; Subclass 885 (Skilled – Independent [Residence] Visa)
Class: VC; Subclass 487 (Skilled – Regional Sponsored [Provisional] Visa)

You can only able to apply for one of these visas if, on 8^th February, 2010 you either held, or had applied for, a Class VC; Subclass 485 (Skilled — Graduate [Provisional] Visa).

Regional classification for Perth – 12 September 2011

Following the Minister for Immigration and Citizenship’s recent announcement to include Perth in the Regional Sponsored Migration Scheme (RSMS), a number of changes have been made effective from 12 September 2011.

regional postcodes for the RSMS to include Perth
the inclusion of Perth as a regional area for family sponsored applications through the regional General Skilled Migration program.

In summary, Perth has been classified as regional for the following migration programs:

Regional Sponsored Migration Scheme (Subclass 119 & 857)
Skilled Regional Sponsored (provisional) (Subclass 475)
Skilled Regional Sponsored (provisional) (Subclass 487)
Skilled Regional (permanent) (Subclass 887).

Priority Processing Arrangements for Skilled Migration Visas – 1 July 2011

The Minister for Immigration and Citizenship, Chris Bowen, has set new priority processing arrangements for certain skilled migration visas.

New points test for skilled migrants – 1 July 2011

A new points test for skilled migrants has come into effect. Information about the points test, which visas are affected and how this relates to those eligible students and former student visa holders for transitional arrangements is available.

Annual update of Skilled Occupation List – 1 July 2011

The Skilled Occupation List (SOL) has been updated. There are 13 occupations added and four occupations have been removed.

Skilled migrant selection model (SkillSelect) – 10 May 2011

On 10 May 2011, as part of the 2011–12 budget allocation for the Department of Immigration and Citizenship, Minister Chris Bowen MP announced that funding has been allocated to assist with the development of a new Skilled Migrant Selection Model (SkillSelect).

It is proposed that SkillSelect will be a two stage process whereby potential applicants first register their claims for skilled migration through an online Expression of Interest (EOI), and subsequently may be invited to make an application for a visa. This is a significant change from the current situation, as applicants for independent or state/territory sponsored migration will require an invitation to lodge a visa application. SkillSelect will ensure a match between the number of applicants and the number of available program places and consequently, the selection of the best and brightest migrants as well as streamlined processing times.

Introduction of Public Interest Criterion from 2 April 2011 – 21 March 2011

On 2 April 2011, the department introduced the Fraud Public Interest Criterion (PIC) that will apply to certain visa subclasses in the Skilled and Employer Sponsored Migration Program.

State Migration Plans – 3 March 2011

State Migration Plans have been introduced for each state and territory. The plans provide state and territory governments with flexibility within the Migration Program to address specific skill shortages and local labour market needs as each agreement will be tailored to the individual requirements of each jurisdiction.

Minister's announcement about the new points test – 11 November 2010

On 11 November 2010 the Minister for Immigration and Citizenship, the Hon Chris Bowen MP, announced the government's intention to implement a new points test applying to certain skilled migration applications made on or after 1 July 2011. The new points test will not apply to unfinalised applications lodged prior to 1 July 2011. The new points test will not change the generous transitional arrangements in place until 31 December 2012 for former international students.

Transitional arrangements for international students – 23 July 2010

Changes to the Skilled Occupation List include generous transitional arrangements which have been extended to current and former student visa holders.

Changes to state nominated and family sponsored GSM visas – 1 July 2010

From 1 July 2010, applicants for certain GSM applications will be required to demonstrate that they have been nominated by a state or territory government agency or sponsored by an eligible relative apply. These amendments relate to the following visa subclasses:

Departmental forms and systems currently do not facilitate proof of nomination or sponsorship at time of lodgement. However, system changes are currently being pursued.

In the meantime, to lodge a valid application, applicants should lodge their visa application form once the relevant state or territory government agency or sponsoring relative have agreed to sponsor them. The nominating state or territory government agency or sponsoring eligible relative should then complete the associated nomination or sponsorship form using the TRN number provided to the visa applicant when lodging the visa application. The nominating state or territory government agency or sponsoring relative should lodge the form within 28 days to demonstrate that the applicant is nominated or sponsored.

For more information, please contact one of our offices

Last Updated: 14 January 2013
Editor: Nina Zarabi

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