In response to the review of the skilled migration and temporary
visa program, the Department of Immigration and Border Protection
(DIBP) published a paper in December 2014 proposing a Short-Term
Mobility Visa that would allow foreign workers entry into Australia
for up to 12 months to perform specialised work, without a 457
skilled migration visa.
If implemented, these changes are likely to have a significant
impact on employers. The new visas would not be subject to English
language or skills requirements and employers would not be required
to conduct labour market testing in order to show that there is no
Australian worker who could fill the relevant position. The
Short-Term Mobility Visa would replace the existing category 400
visa, which currently allows skilled or specialist entrants to work
for up to six weeks.
It is anticipated that the program will free up temporary
migration by creating a new set of visa subclasses for people
coming in for less than a year by reducing red-tape. Under the
current proposal, the Short-Term Mobility Visa will have the
following key features:
The visa could be granted for up to 12 months, depending on the
work or activity to be undertaken;
The visa allows for multiple entries into Australia;
Applicants can apply in Australia or outside Australia;
Employers would need to satisfy the Genuine Temporary Entry
Applicants would need to meet health, character and security
Family members cannot be included on the same visa application.
Family members would have to apply for their own visa if they
intended to work or study in Australia.
Visa holders would be allowed to apply for subsequent visas such
as permanent work visas where the work is considered ongoing.
Submissions on the DIBP paper closed at the end of January. A
targeted stakeholder engagement will be held in March 2015 to
develop the framework further. As regards the Short-Term Mobility
Visa, the DIBP has indicated that further areas for investigation
will address the potential scope of the visa subclass to reflect
stakeholder feedback received during the developmental phase. An
implementation paper is also due to be released in August or
September 2015 which will provide details on a fully developed visa
framework. The program is not set to commence until 1 July
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Federal Court handed down the largest court imposed fine for breaching subclass 457 visa sponsorship obligations.
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