Australia

Business visit visa / Work visa

Australia has a complex immigration system and all foreign nationals require a visa to enter, remain, or work in Australia. Ultimately, the Department of Home Affairs (“Department”) expects Australian employers to ensure that all foreign employees hold the appropriate visa and only undertake activities that are in line with their visa conditions.

The Subclass 600 Visa is a standard business visitor visa that allows foreign nationals to engage in certain defined business activities in Australia. Engaging in work or services is prohibited under this visa.

The Subclass 400 Visa is available to foreign nationals who intend to perform short-term, highly specialized work for up to three months (although up to six months may be permitted where there is a strong business case).

The Temporary Skill Shortage (Subclass 482) Visa (“TSS Visa”) replaced the Subclass 457 visa. The TSS Visa requires employer sponsorship and is typically valid for up to two or four years (depending on whether the occupation is on a Short-Term, Medium-Term, or Regional Occupation List). Subsequent TSS Visas may be granted if an employee is required in Australia for a longer duration; however, restrictions exist for individuals in a Short-Term Occupation. The TSS Visa also includes tightening of labour market testing criteria and a Skilling Australians Fund Levy.

Complementary reforms to the permanent employer-sponsored programs were also implemented, including an increase in the qualifying period from two to three years and the reduction of the maximum age limit from 50 to 45 years (subject to some age exemptions).

Transitional arrangements remain available for individuals who held or applied for a 457 visa as of April 18, 2017, to allow them to apply for permanent residence under the old rules until March 18, 2022.