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Australian Immigration Update

Nasscom Global Mobility

Conference 2013

Presenter: Jennie Mitchell

Second Secretary

Australian High Commission, New Delhi

2 May 2013

• Label free travel

• Visa Pricing Transformation

• Visa Evidencing Charge

• Visa Simplification and Deregulation

• Temporary visas

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Change agenda progress

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Temporary work visa changes

• Temporary Work (Long Stay Activity) visa – subclass 401

• Exchange

• Sport

• Religious Worker

• Temporary Work (Training and Research) visa – subclass 402

• Occupational Trainee

• Professional Development

• Visiting Academic

• Sport Trainees

• Temporary Work (International Relations) visa – subclass 403

• Government Agreement

• Foreign Government Agency

• Domestic Worker – Diplomatic Consular

Visitor visa Changes – March 2013

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Existing Visas Proposed Visas

Business (Short Stay) (456)

Sponsored Business Visitor (Short Stay)

(459)

Service Sellers (457)

Tourist (676)

Sponsored Family Visitor (679)

eVisitor (651) eVisitor (TV 651)

ETA (Business - Long Validity) (956)

- Long validity to be discontinued

ETA (Visitor) (976)

ETA (Business - Short Validity) (977)

Medical Treatment (Short Stay) (675)

Medical Treatment (Long Stay) (685) Medical Treatment (UB 602)

ETA (UD 601)

Temporary Work (Short Stay Activity)

(GA 400)

3 Streams: Highly specialised work, Invited

participant & Australia’s interest

Visitor (FA 600)

4 Streams:

- Tourist

- Business Visitor

- Sponsored Family Visitor

- ADS

New Form - 1415 (Business Visitor Stream)

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FA 600 – Business Visitor Stream

New Fee - AUD115 (INR 6600)

Location - Offshore

Dependants - No

Single/multiple entry generally with 3 month stay and 1 year

validity

Limited study/training + No work conditions – 8201 & 8115

FA 600 – Business Visitor Stream

What is a ‘Business Visitor Activity’?

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General business or government enquiries

Contract negotiations

Investment

Job interviews

Professional examinations

Conferences

Seminars

It is not:× To supply services

× To sell goods or servicesWORK

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New Form - 1400

New Fee - AUD145 (INR 8300)

Location - Offshore

Dependants - Yes

Members of the primary applicant’s (PA) family unit can be granted this visa but

they must make a combined application. Family members are not granted work

rights. If they need to work in Australia, they must apply separately.

Single (default) or multiple entry visa with up to 3 months stay.

Default stay is 6 weeks. Maximum 3 month validity.

Conditions – 8107; 8303; & 8101

GA 400 – Short Stay Activity Visa

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GA 400 – Short Stay Activity Visa

What is a ‘Highly specialised work’? Non-ongoing work

No adverse consequences for Australian employment/training

opportunities/conditions

Skilled occupations (Managers, Professionals, Technicians and Tradespersons)

Involves skills and knowledge which are unique, or specific to an international

company

Examples:

i. Installers of imported equipment

ii. After sales service

iii. Emergency repair

It excludes:× People intending to perform as an entertainer or support an entertainer

× Generic skilled duties that can be delivered by available Australian skilled workers

× Short term employment in an ongoing position (backfilling)

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GA 400 – Short Stay Activity Visa

NON-ONGOING WORK

Policy (subclass 456) Regulations (subclass 400)Moved to

non-ongoing, in relation to a person’s proposed participation in an event, or a

person’s proposed engagement in an activity or work, means participation or

engagement in the following circumstances:

(a) the event, activity or work is likely to be completed within a continuous

period of 3 months or less;

(b) the person:

(i) has not been given an expectation of staying in Australia, for a purpose

relating to the event, activity or work, after the end of that period; and

(ii) has not made arrangements to stay in Australia, for a purpose relating to

the event, activity or work, after the end of that period.

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GA 400 – Short Stay Activity Visa

Formal Study

• No study leading to a formal qualification (Same criterion as that used for

subclass 456)

Also:

• Subclass 400 allows holder to enter Australia to engage in non-ongoing work

or cultural/social activities as set out in application, not for the primary

purpose of studying or training.

• Study or training should be incidental

• Workplace based training should use the Training and Research (subclass

402) visa

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Applied for the wrong visa?

New policy guidelines give decision-makers the

option of inviting applicants to apply for the correct

subclass

- For subclass 400 and subclass 600 – Business Visitor Stream

- Invitation to apply for a subclass 600 will be VAC free

- Invitation to apply for a subclass 400 will require balance of VAC be paid

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Contact Details

Email: immigration.india@dfat.gov.au

Telephone: 011 4122 1000

Websites

DIAC India: www.india.embassy.gov.au

DIAC general: www.immi.gov.au