Australian Work Visa – Short or Long Stay? What is the best for my circumstances?…

SUBCLASS 400 OR 457 VISA?

There are two visa options for employers wishing to bring in skilled work from overseas. We have written an overview of the two visas in order to clear up confusion between the two.

SUBCLASS 400 VISA

SOME OF THE KEY POINTS

Who is it best suited to?
The full title of this subclass of visa is Temporary work (Short Stay Activity) and applies to short-term workers.

The 400 visa has three streams:
• Highly Specialised Work stream: for someone who will undertake work that is highly specialised and not in an ongoing position.
• Invited Participant stream: for someone who has been invited to participate in an event by an Australian organisation. The event must be short-term and the person cannot be paid for their participation apart from under limited circumstances.
• Australia’s Interest stream: for someone who is required to travel to Australia because of compelling circumstances that affect Australia’s interests.
What does this visa allow individuals to do?
This visa is for individuals who want to travel to Australia to:
• Do short-term, highly specialised, non-ongoing work
• participate in non-ongoing cultural or social activities at the invitation of an Australian organisation, or
• In limited circumstances, participate in an activity or work relating to Australia’s interests.

How long is it valid?
Generally the stay period allowed is up to three months but up to six months may be considered in limited circumstances if supported by a strong business case.

The Visa holder must arrive in Australia within 6 months from the date the visa is granted.

Who is eligible?
Individuals might be eligible for this visa if they are outside Australia:
• Have specialised skills, knowledge or experience that can assist Australian businesses
• Have been invited to participate in an event by an organisation in Australia, or
• Are required in Australia for exceptional circumstances of national importance, such as to assist following a natural disaster.

Benefits:
A 400 visa can be an attractive option for employers requiring short specialist projects because the visa application does not require a sponsoring organisation. Family can travel with the individual. Salary can be paid onshore or offshore.

Is sponsorship required?
You do not require business sponsorship to apply for this visa. However, depending on your purpose of stay in Australia, you must be able to demonstrate that you have the support of the business or organisation for which you will be undertaking the proposed work or activity in Australia for.

SUBCLASS 457 VISA


SOME OF THE KEY POINTS

Who is it best suited to?
The 457 visa is the most commonly used program for Australian or overseas employers to sponsor skilled international workers to work in Australia temporarily. The full title of this subclass of visa is Temporary Business (Long Stay).

What does this visa allow the individual to do?
This visa allows them to:
• Work full time in Australia for up to four years
• Bring their family to work or study in Australia
• Travel in and out of Australia. (The sponsoring entity must be made aware of their travel movements)

How long is it valid?
The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years. If required, at the end of the 4 years a new 457 visa can be applied for, which will be applicable for up to another 4 years.
If the sponsor is a start-up business, then the visa will be granted for 12 months.
Who is eligible?
Individuals might be able to get this visa if they:
• can be nominated to work in an approved occupation on the Skilled Occupation Lists (Formerly Known as Form 1121i)
• meet the skill requirements for the nominated occupation
• meet registration and licensing requirements
• speak vocational English
• have been nominated by an approved business

Benefits:
Employers often view the 457 visa as a way of employing an overseas worker for a specific period of time. (eg length of project any time from 6 months onwards)
If they are happy with the employee, and there is a position available they may offer permanent residency sponsorship under the Employer nomination scheme (ENS), which can be offered after 2 years on the 457.
Your immediate family can come on the 457 visa with you.
The individual (employee) can ask the employer to become their sponsor for ENS Permanent residency but the employer is not obliged to sponsor them.
Individuals often view the 457 visa as part of a longer term plan to apply for permanent residency.
In most cases the individual must be paid onshore at the Australia Market salary standard.

Is sponsorship required?
You must be sponsored by an approved business sponsor.
You can be in or outside Australia when you lodge your application.

If you have any questions regarding either of the above visa options, feel free to contact our office on (02)9407 8700 or if you are looking for sponsorship on a 457 Visa, complete the following form to see if you are eligible for sponsorship through Pendragon: 457 Visa Sponsorship Eligibility Form