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Australia
The information provided is designed to give a summary of the immigration requirements. It is not offered as legal advice and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything done or omitted in reliance upon the contents of this information sheet. Immigration rules and requirements frequently change without notice and you should contact our Global Immigration team for further information and advice.
Who needs a visa?
Business Visa
Work Authorization
Family
Penalties
Do's and Don't
All nationals travelling to Australia will require prior authorisation to enter.
Prior authorisation can be obtained either by filing an application for Electronic Travel Authorisation and application at the Australian Embassy/Consulate in the applicant's country of residence or via the Electronic Travel Authorisation system.
Permissible activities under the Australian business visa category include attending conferences, negotiations, exploratory and business meetings.
eVisitor
The Australian government has introduced an eVisitor visa for eligible European nationals who are may stay in Australia for up to 3 months for the purpose of business or holiday.
Nationals of the following countries are eligible under the eVisitor system:
Andorra
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
The Netherlands
Norway
Poland
Portugal
Romania
Republic of San Marino
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
United Kingdom - British Citizen
Vatican City
eVisitor visa is free.
Electronic Travel Authorisation
The Australian government have introduced an Electronic Travel Authority ("ETA") system whereby nationals of 8 different countries can stay in Australia for up to 3 months for the purpose of business.
Nationals of the following countries are eligible under the ETA system:
• Brunei
• Canada
• Hong Kong SAR
• Japan
• Malaysia
• Singapore
• South Korea
• United States of America
There is a small application fee to apply for an ETA.
Processing time:
Online eVisitor applications are processed within 24-48 hours. ETA applications are usually processed immediately. Approved applications are electronically recorded on Australian Government systems.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Validity:
A single entry eVisitor/ETA is valid for 12 months from the date of issue and entitles the holder to enter Australia only once for a maximum period of 3 months.
A multiple entry eVisitor/ETA is valid for the duration of the applicant's passport. This ETA permits multiple entries, where each visit is limited to a maximum period of 3 months.
Short term business visa (subclass 456)
Nationals not eligible for an ETA can apply for a short stay business visa (subclass 456 visa) at the Australian High Commission or Consulate in their country of usual residence. Like the ETA, business visas can be issued for a single entry or for multiple entries.
1. Short-Term Business Visa (subclass 456)
The foreign worker may be permitted to conduct activities that may be construed as work under short term business visa (subclass 456).
The foreign worker or their employer should contact our Global Immigration team before traveling to Australia under Subclass 456 if they intend to conduct work.
2. Temporary long stay work (Subclass 457)
There are three stages to obtain the Sponsored Subclass 457:
a. Business sponsorship application
b. Nomination application
c. 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 usual residence.
All three applications can be submitted using the DIAC's online application system, if the employer is a legally established business in Australia and hold:
a) Australian Business number; or
b) Australian Company number; or
c) Australian Registered Body number; or
d) Client Identification number.
a. Business sponsorship application
When applying for authorization to sponsor a foreign worker, the employer must be able to meet a number of undertakings, including complying with immigration and work place relation laws and co-operating with the DIAC.
The employer must demonstrate the following requirements to be eligible to sponsor a foreign worker:
- is lawfully and actively operating a business
- will be the direct employer of the foreign worker
- has a good business record and complies with immigration law
- will bring benefit to Australia through the employment of the foreign worker
- if operating in Australia in for more than 12 months satisfies necessary training benchmarks
b. Nomination application
To allow prompt processing, nomination applications can be lodged at the same time as the sponsorship application.
The following requirements must be satisfied for a nomination application to be approved:
- The employer is an approved Standard Business Sponsor. It logically follows that if the sponsorship application is refused the nomination application will be refused
- The position relates to an occupation which meets the minimum skills threshold
- The position is to be remunerated at Australian market rates and in line with Australian workplace laws and awards
- A living wage of at least $45,220 is provided
c. Visa application
The visa application may be submitted to the Australian authorities at the same time or after as the Sponsorship and Nomination applications. However the issuance of the visa is dependent upon approval of the Sponsorship and Nomination applications.
The foreign worker must also satisfy the DIAC that they:
- have skills and experience which match those required for the vacancy for which they have been nominated
- the nominated occupation continues to be specified on the Legislative Instrument
- will be paid the salary indicated in the nomination or higher and at least the minimum salary level in force at time of visa decision
- have personal attributes consistent with their proposed employment in Australia
- have the English language skills that are required for the position under the English language requirement
- if sponsored by an overseas business, either are genuinely and realistically committed to establishing a business activity in Australia or will be fulfilling contractual obligations for the overseas business
- meet the health and character requirements
- meet all other requirements in legislation
3. Skilled Migration
Foreign workers who are highly skilled and have education, skills and employability which will contribute to the Australian economy may be assessed against a points test and be granted permission to reside in Australia without a sponsor company.
Points are granted for the following categories:
1. Skill
2. Age
3. English language ability
4. Work experience
5. Shortage occupation
6. Australian qualifications
7. Skills of the spouse
8. Bonus points - this includes capital investment in Australia and work experience in Australia.
The foreign worker must score at least 120 marks to pass. If the foreign worker scores 70 - 120 points, their details will be held in reserve for up to two years. If the pass mark is lowered and the foreign worker's score is equal to or higher than the new pass mark, their application will be processed.
The foreign worker should contact our Global Immigration team at the time of the application.
4. Working Holiday/Work and Holiday
Nationals of Belgium, Canada, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Hong Kong SAR, Republic of Ireland, Japan, Republic of Korea, Malta, Netherlands, Norway, Sweden, Taiwan (Republic of China) and the United Kingdom may be eligible to work in Australia under the Working Holiday (subclass 417) scheme.
Nationals of China, Thailand, Turkey and the USA may be eligible to work in Australia under the Work and Holiday (subclass 462) scheme.
The general requirements for eligibility include:
1. Aged between 18 - 30
2. Have no dependants
3. Must be a national of a country which is party to either the Working Holiday or the Work and Holiday scheme
4. Meet health and character requirements
5. Relevant educational requirements
6. Must not be in Australia at the time of application
7. Have access to sufficient funds
8. Be able to speak English on a functional level
The visa will allow the holder to:
1. Reside in Australia for a period up to 12 months
2. Work in Australia - holders of the Subclass 417 visa can work for up to 12 months, but cannot work for the same employer for more than 6 months. Holders of the Subclass 462 visa can undertake any type of work on a temporary basis and cannot work for longer than 6 months.
3. Study up to 4 months
For further information on either scheme, please contact our Global Immigration team.
For an up-to-date list of required supporting documentation and processing time, please contact our Global Immigration Team.
Dependants
The spouse and unmarried children under the age of 18 can join the foreign worker in Australia. They are known as Secondary Persons.
Secondary Persons can also include adopted and step-children of the foreign worker or their spouse or independent partner, provided they have legal responsibility for the child.
Secondary Persons are entitled to work whilst in Australia.
Same sex/Unmarried partner:
The independent partner generally includes the same sex partner of the foreign worker and can include the unmarried partner of the foreign worker.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Employer:
Employing a foreign worker who does not have the requisite work authorisation is an offence. If convicted the company may be fined.
Employee:
Foreign workers who do not comply with the immigration laws of Australian may be fined.
Do:
- Contact our global immigration team as soon as possible regarding any potential application as we may be able to assist with preparing documents
- Provide all requested information and documents promptly to enable us to prepare your application efficiently
Don't:
- Perform any duties that may be construed as work whilst in Australia as a business visitor
The information provided is designed to give a summary of the immigration requirements. Please note that the information was correct at the time of writing, however the immigration rules and regulations of Australia, like many other countries, frequently change without notice and you should contact our Global Immigration team for further information and advice.