Temporary Activity Visa Framework – Update

A new Temporary Activity Visa Framework will commence on 19 November 2016.  The framework is designed to reduce red tape by removing sponsorship and nomination requirements for specific short stay activities.
The new framework will 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 sub-classes 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.

While the Regulations related to the new visas are yet to be released, the Department’s briefings have provided this additional information:

Visa Application Charges
  • All visa 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

ImmiAccount / online applications 

  • All applications to be lodged online, with paper applications only available for the Subclass 403 visa
  • A ‘copy’ function has been incorporated into the online system to allow multiple applications with the same details, eg training program or entertainment event, to be generated
  • The system will request only the required information for each specific visa class and will specify only those documents which need to be attached for that application.
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.
Courtesy of the MIA