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NEW Temporary Activity Visa Framework Update

7 October 2016

There is a new Temporary Activity Visa Framework commencing on 19 November 2016.
The framework will remove sponsorship and nomination requirements for specific short stay activities. It will also integrate the existing seven temporary activity visa classes into four visas:

  • Subclass 400 Temporary Work (Short Stay Specialist) 
  • Subclass 403 Temporary Work (International Relations)
  • Subclass 407 Training 
  • Subclass 408 Temporary Activity 

The following visa subclasses will cease:

  • Subclass 401 Temporary Work (Long Stay Activity)
  • Subclass 402 Training and Research
  • Subclass 416 Special Program 
  • Subclass 420 Temporary Work (Entertainment) 
  • Subclass 488 Superyacht Crew 

 
Applications lodged before 19 November 2016 will be processed under pre-19 November 2016 legislation.  However, applications for visas made after 19 November cannot be linked to nominations approved prior to 19 November 2016.

What does this mean?

•    you would be able to lodge visa applications online through ImmiAccount
•    a single sponsorship (temporary activities sponsor) would replace six existing sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew)
•    if you apply for a subclass 408 Temporary Activity visa :
o    you would not need a nomination
o    you would not need to be sponsored if you applied from outside Australia and you intended to stay in Australia for less than three months
o    you would need to be sponsored if you applied from outside Australia and you intended to stay in Australia for more than three months
o    you would need to be sponsored regardless of how long you intend to stay if you applied frominside Australia
•    if you apply for a Subclass 407 Training visa, you would need a nomination and to be sponsored, regardless of how long you intend to stay. No nomination is required if the sponsor is a Commonwealth agency.

Fees: All visas within thes temporary work activity framework will be attract a standard $275.00 VAC. Waiver provisions will be available in specific circumstances eg for community and Not For Profit organisations:

New Framework:

The Subclass 400 Short Stay Specialist visa
No sponsorship will be required for this visa. It will be granted for a maximum of 3 months stay, with that stay calculated from the arrival date.
    The specialist work stream will be strongly focused on economic activities and the benefit to Australia
    A further stream of this visa will be available for competitors and teams entering Australia to compete in short term events.
    
The Subclass 408 Temporary Activity visa
This visa will be 'work-focussed'.  Activities endorsed by the Minister as 'Significant Events' eg the Commonwealth Games, will be provided streamlined application processing.  The usual genuine temporary entrant, adequate means of support and PIC requirements will apply to these applications.
    Sponsorship is required for ALL Subclass 408 visas lodged ONSHORE
    Sponsorship not required for stays of less than 3 months and if applying OFFSHORE  
    Sponsorship will be required for stays longer than 3 months if applying from OFFSHORE
    Nominations are no longer required for this visa class. The information usually provided in the nomination will be requested in the visa application
    Coaches, sporting club professionals, adjudicators, judges and sports trainees would use this visa. 
    Those currently accessing the entertainment visa subclass will also use this visa and there will be little change to the standard criteria
    Superyacht crew visas will be incorporated into this subclass and now attract the standard VAC.

Subclass 407 Training visa
Applications remain a three stage process for this visa, requiring sponsorship and nomination. Commonwealth agency sponsors are not required to nominate applicants
    Subclass 407 visa applications lodged after 19 November 2016 will not be linked to nominations lodged before 19 November 2016
    The sponsor of occupational trainees must be the training provider.  
    Applicants will require functional English 
    Maximum stay is 24 month 
    PhD students, university researchers and academics are moved to the Temporary Activity 408 visa.
Applications made in Australia must be made while the applicant is the holder of a substantive visa or within 28 days of their previous visa expiring

Subclass 403 International Relations
    The Seasonal Worker Programme will be incorporated into this subclass and Special Programme Agreements will be moved to the Temporary Activity Subclass 408.
    Applications made in Australia must be made while the applicant is the holder of a substantive visa or within 28 days of their previous visa expiring.\

The MIA will provide further information to members as it is received.
 

Temporary Activity Visa Framework Diagram:

If you would like more information about this intended change, please do not hesitate to contact us before the costs of this visa continue to rise.
AIMS consists of a team of professional migration agents and solicitors who provide excellent assistance to people who intend to migrate to Australia or Australian residents or citizens who wish to bring their family Whether you are seeking to study or work or establish a business in Australia, we can advise you on your visa options and assist you in securing the right visa. 
For more information or to set up a consultation with one of our agents, just give AIMS a call on 03-9078 6819 or email us at team@thinkvisa.com.au.

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