The Department of Immigration and Border Protection (DIBP) has
released a proposal paper into the review of skilled migration and
temporary activity visa programs. The proposal would see the
creation of short-term mobility visas of up to 12 months for
specialist overseas, skilled workers, which may include
intra-company transfers and foreign correspondents. This visa
subclass will apply to personnel required for specialised work that
is in Australia's interests, such as executives coming to
Australia to set up divisions and subsidiaries of their businesses,
or software developers creating specialised programs for Australian
The short-term, mobility visa departs from the common assumption
that migration necessarily involves longer-term country relocation.
This assumption is becoming less relevant as short-term temporary
migration, including a number of interlinked mobilities, is being
used by international companies to address a number of roles
including: career development, project planning and implementation
and corporate knowledge transfer.
Genuine Temporary Entry (GTE) requirement is a key integrity
tool to ensure the importance of Australian workers. Visa holders
are required to meet health, character and security arrangements.
Visa holders applying for this visa subclass for less than three
months need to have work arrangements or activities classified as
highly specialised work. Visa holders applying for this visa
subclass for up to 12 months need to have work arrangements or
activities classified as highly specialised and intermittent work.
Family members cannot be included on the same visa application and
would have to apply for their own visa if they intended to work or
study in Australia.
Where the work is considered ongoing, visa holders would need to
apply for a subsequent visa such as the temporary skilled,
permanent sponsored, or permanent independent tested visa.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Recent amendments to the Migration Act and regulations, along with the imminent commencement of the new federal safety net under the Fair Work Act, highlight a number of issues for consideration by employers in documenting terms and conditions of employment for foreign nationals engaged to work in Australia under Subclass 457- Business (Long Stay) visas.
A quick refresher of the rights and obligations for employers (sponsors) when ending a 457 visa holder's employment.
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