- Who needs a Visa?
- Business Visa
- Work Authorisation
- Penalties for Non Compliance
- Points to Note
Who needs a visa?
In general all nationals require visas to enter Australia, although exceptions do apply. Please contact our Global Immigration Team for assistance. There are in excess of 100 categories of visas and entry permits.
Business Visas are issued to visitors travelling to Australia for a short-term trip to conduct business activities including attending business meetings, discussions or conferences.
Types of Visa
Depending on the applicant’s nationality, business visitors to Australia tend to use the Business Short-Stay visa (subclass 456), the Business Electronic Travel Authority (ETA), or the eVisitor visa (for eligible passport holders from the EU and other European countries).
All applications will need to be submitted in the applicant’s country of residence.
Processing times for subclass 456 visa applications tend to vary, and change, without notice.
A business visitor is generally only granted a 3 month visa which cannot be extended in-country.
Due to the large number of visa categories, the information below provides details of favoured visa categories.
Type of Visa
The most common type of work authorisation is the Temporary Long Stay Work (subclass 457)
There are three stages in obtaining the Temporary Long Stay Work 457 visa:
- Business sponsorship application
- Nomination application
- Visa application
If the employer is a registered Australian company, all three steps are processed by the Department of Immigration and Citizenship (‘DIAC’) in Australia. However, if the employer does not have a representative office in Australia, all three stages are processed by the Australian Consulate or Embassy in the foreign worker’s country of residence.
Processing times for subclass 457 visa applications tend to vary, and change, without notice.
Temporary Business (Long Stay 457) generally allows employers to employ overseas workers for a period between 3 months and 4 years.
The immigration status of a dependant is reliant on the type of permit and the status of the foreign worker.
Spouses, and unmarried children under the age of 18 years, can join the foreign worker in Australia. They are known as Secondary Persons.
Secondary Persons are generally entitled to work in Australia.
Penalties for Non Compliance
If the employer breaches the immigration rules the DIAC may:
- Prevent the employer from sponsoring or nominating any employees under the Temporary Business (Long Stay) visa for a specified period of time
- Cancel the business sponsorship agreement
- Cancel the visas of any employees, and their accompanying family members
- Consider previous non-compliance when assessing any future sponsorship applications made by the employer, or by any other business operated by the same principals
- Impose a financial penalty
- In extreme situations, imprison directors.
If the foreign worker breaches the immigration rules, their visas may be cancelled and they may be required to leave Australia.
Points to Note
- The employee must meet the minimum salary required, in Australian Dollars per annum.
- Police clearance certificates may be required for each country the applicant has lived in for 12 months or more over the previous ten years since turning 16. This requirement is at the discretion or the Australian government.