Short term mobility visa conditions

Short term mobility visa will replace Australian subclass 400 visa in July 2016. This visa subclass will allow for entry into Australia for up to six months and 12 months for prescribed visa cohorts. Visa holders who wish to apply for a subsequent visa, where the work is considered ongoing, should apply for the temporary skilled, permanent sponsored, or permanent independent tested visa.

There has always been an assumption that Australian migration necessarily involved longer-term movement, underpinned by a shift in country location. This assumption is becoming less relevant as temporary migration encompassing a number of interlinked mobilities are being used by international companies to address a number of roles including career development, project planning and implementation and corporate knowledge transfer such as intra-company transfers. Although overlapping, these various forms of mobility including short-term assignments and commuting assignments, are discrete, with companies using them according to their needs. This visa subclass seeks to address the need for a single visa subclass that caters to these interlinked mobilities.

Purpose of short term mobility visa Australia

This visa will allow for entry into Australia for up to 12 months to complete specialised work which may include intra-company transfers and foreign correspondents.  Activities  Applicants can undertake short-term activities or work in Australia such as those in Australia’s interests.

Activities  for short term mobility visa Australia

Applicants can undertake short-term activities or work in Australia such as those in Australia’s interests.

Short term mobility visa criteria

Proposed short term mobility visa Australia criteria:

  • This visa could be granted for up to 12 months, depending on the work or activity to be undertaken.
  • Multiple entry
  • Lodgement Onshore or Offshore
  • Genuine Temporary Entry GTE requirement as a key integrity tool and ensure the primacy of Australian workers.
  • Endorsement See table below.
  • Public Interest Criteria Meet health, character and security requirements.
  • Family members 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.
  • Endorsement for visa validity less than 3 months – Invitation from an Australian organisation specifying the activity or arrangements to be undertaken by the applicant, and the duration of stay required in Australia.
  • Endorsement for visa validity up to 12 months – In addition to the invitation requirements, a statement of guarantee or undertaking from the Australian organisation detailing salary and any employment conditions reflective of the Australian standard for the duration of stay is must be provided.
  • Work arrangement or activities for visa validity less than 3 months – highly specialised work.
  • Work arrangement or activities for visa validity up to 12 months – highly specialised and intermittent work

short term mobility visa in skilled visa program

Terms of Reference for short term mobility visa

Short term mobility visa review conducted prior to October 2014 has four broad terms of reference:

  1. Review the effectiveness of the current skilled migration and 400 series visa programmes with the aim to reduce unnecessary red tape and impost on Australian business.
  2. Explore and develop, in consultation with key stakeholders, new and innovative skilled migration visa models to support Australia’s short and long term skilled migration needs while ensuring the primacy of Australian workers.
  3. Implement a new skilled migration visa framework that is supportive, flexible and responsive and which enriches the Australian economy through a well-managed skilled migration programme.
  4. Ensure that integrity is maintained and strengthened in a new skilled migration framework.

Guiding Principles for short term mobility visa

DIBP  has  established six principles to guide and shape ongoing discussions with stakeholders for a future skilled migration visa framework. These include:

  1. Simplicity in design supports increased comprehension and usability.
  2. Structural flexibility is critical to ensure changing skilled migration needs can be met.
  3. Employment outcomes should be a key driver for Australia’s skilled migration programmes.
  4. Skilled migration must support and complement the Australian labour market.
  5. Integrity is essential to maintain the continued acceptance of a skilled migration programme.
  6. Support the whole of government deregulation agenda to reduce red tape and regulatory costs for Australian business and industry.

Scoping and development for short term mobility visa

The scoping and development phase included consultative forums which took place between 1 and 16 October 2014 in Sydney, Canberra and Melbourne where over 91 stakeholders attended.  These forums were designed to allow department to elaborate on the aims of the review and to elicit stakeholder engagement.

In response to the discussion paper, DIBP received 68 submissions from visa holders, employers, peak industry bodies, skills assessing authorities, unions, as well as Australian government, and, state and territory government agencies.
Discussion paper – Reviewing the skilled migration and 400 series visa programmes

We have not published submissions where the stakeholder explicitly requested that their contribution not be published.  We also did not publish the submissions we received from Australian government, and, state and territory government agencies as these submissions form the basis for ongoing discussions.

Refinement  of short-term mobility visa 

This phase provided stakeholders with an opportunity to provide feedback to the department on the proposed visa framework and refine the elements underpinning this framework.

To facilitate this phase of consultation, DIBP have developed a proposal paper. The proposal paper:

  • Provided stakeholders with a summary of the submissions received in response to the discussion paper: Reviewing the Skilled Migration and 400 Series Visa Programmes.
  • Outlined a proposed new visa framework that supports the terms of reference and principles.
  • Provided stakeholders with an opportunity to shape the visa framework, criteria and elements supporting the proposed new visa framework.

Proposal paper – Simplification of the skilled migration and temporary activity visa programmes

DIBP have planned consultative forums for state and territory capital cities in January 2015.

During this phase, the Department of Immigration and Border Protection also explored a number of areas and issues underpinning the proposed visa framework. These areas for investigations are listed in the proposal paper and will involve close engagement with key stakeholders.

Implementation of short-term mobility visa

DIBP is about to share understanding and raise awareness of the new visa framework. It is likely that a new visa framework will be implemented from 1 July 2016.

Information for current visa applicants or holders

If you have already been granted a skilled migration or temporary activity visa, there is no change to your existing visa grant arrangements, conditions and/or obligations.

All undecided visa applications for a skilled migration or temporary activity visa will be processed under existing processing arrangements.

If there are any changes to current processing arrangements, these will be made available on DIBP website.

Information for Australian employers, sponsors or nominators

Skilled migration or temporary activity visas will continue to be processed under current arrangements. This will allow for business to bring overseas workers to Australia, whether this includes sponsorship and/or nominations or by invitation.

As an Australian employer there is no change to your sponsorship and/or nomination obligations for visa holders who are currently employed with you.

If there are any changes to current processing arrangements, these will be made available on DIBPwebsite.

Background to the Skilled Migration and 400 Series visas

Australia’s Migration Programme affords prospective migrants the ability to enter Australia on temporary, provisional or permanent visas, either to undertake an activity, invest, or engage in short to long term employment in Australia’s labour market. Migration to Australia has been critical in supporting economic development and sustaining Australia’s labour market needs. In this context skilled migration has played an ever increasing role which is reflected in the shift in the composition of Australia’s Migration Programme: skilled migration accounts for 70% of the total programme compared to only 30% two decades ago. This change has been driven by labour market demand, emphasising the important role skilled migration provides in filling the medium to long term skills shortages required to sustain Australia’s economy.

Migration to Australia has been critical in supporting economic development and sustaining Australia’s labour market needs. In this context skilled migration has played an ever increasing role which is reflected in the shift in the composition of Australia’s Migration Programme: skilled migration accounts for 70% of the total programme compared to only 30% two decades ago. This change has been driven by labour market demand, emphasising the important role skilled migration provides in filling the medium to long term skills shortages required to sustain Australia’s economy. Skilled migration to Australia is often characterised as a “hybrid system”, being either temporary or permanent. Traditionally, the majority of applicants for skilled migration were selected on the basis of their attributes and capabilities. This “supply-driven” migration, facilitated through a

Skilled migration to Australia is often characterised as a “hybrid system”, being either temporary or permanent.1 Traditionally, the majority of applicants for skilled migration were selected on the basis of their attributes and capabilities. This “supply-driven” migration, facilitated through a government administered points test, did not require the applicant to obtain an offer of employment in order to be granted permanent residence. Since 1990, a policy shift occurred, favouring employer-sponsored, “demand-driven” migration over “supply-driven” migration.3 As a result, “demand-driven” migration has been facilitated in two ways: by placing greater value in the points test to desirable independent applicants who possess valuable skills, qualifications or outstanding abilities that are in high demand; and providing employers the ability to select and sponsor migrants, subject to their immediate business needs, either on a temporary or permanent basis.

Differing from the skilled migration programme, the 400 series visa programme allows for the temporary entry of people to Australia for economic, social or cultural purposes. Temporary migrants attribute significant economic value to the Australian economy by engaging in activities in Australia. Over the past few decades, the 400 series visa programme has broadened significantly and undergone several changes to cater for varying niche, temporary migration needs. This includes the transfer of skills, knowledge and social experience that overseas workers gain and then return to their country of origin.

As Australia’s skilled migration programme has evolved, it has transformed the character of the Australian workforce by enhancing it in both size and skill level, resulting in superior labour market outcomes, which would not have occurred if prospective migrants were chosen at random.

To further improve successful skilled migration to Australia, a new skilled migration visa framework will be developed; one which will be flexible and adaptable to future labour market needs; and positioning the Australian economy for decades of future competitiveness and prosperity.

Should you wish to discuss your eligibility fo this visa or need a consultation with migration agent about your current visa status please do not hesitate to give us a call or book an appointment.

Feel free to share your thoughts below in comments.

Short term mobility visa Australia will replace subclass 400 in July 2016
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