FAQs - Temporary Business (Long Stay) visa - DIMIA's advice


How do I employ a person from overseas to work in my business?
If your business is unable to meet its skill needs from within the Australian labour force you may be able to sponsor personnel from overseas, on a temporary basis, to work in Australia for up to four years. There are three steps in the process for this visa:

employer applies for approval as a business sponsor, employer nominates the position to be filled, and prospective employee applies for a Temporary Business (Long Stay) visa.



How do I apply for approval as a business sponsor?
Every employer seeking to employ someone from overseas has to qualify as a sponsor. To apply for approval as a business sponsor, you must complete Application Form 1067 Business sponsorship application(Pre-qualified or standard) and provide supporting documentation to satisfy the Department that you:
are a lawfully and actively operating business,
are the direct employer of the temporary business entrant (ie. paying wages and setting conditions of employment),
can meet their sponsorship obligations in respect of each person they sponsor, will benefit Australia through the employment of a temporary resident, creation of trade links or addition to the economy,
will advance skills through technology or training, and
have a satisfactory record of compliance with immigration laws.

In the sponsorship application stage, the Department assesses the standing of the business wishing to become a sponsor, the proposed benefit to Australia from recruiting overseas personnel and the business's ability to meet sponsorship undertakings in relation to sponsored overseas employees.

There are three types of sponsor:
Pre-Qualified Business Sponsor (PQBS) - allows for the sponsorship of an unlimited number of temporary business entrants and usually suits larger businesses. The first PQBS approval is valid for two years and then can be renewed annually.

Standard Business Sponsor (SBS) - allows employers to sponsor, within a 12-month period, a specified number of temporary business entrants.

Overseas Business Sponsor (OBS) - allows businesses which have no formal operating base or representation in Australia to bring employees to Australia in order to establish a branch, joint venture or fulfil a contract or other business activity in Australia.



How do I nominate a position to be filled by a person from overseas?
When you have been approved as a sponsor, you may nominate the position(s) to be filled by completing Application Form 1068 Nomination by a business sponsor (pre-qualified, standard, overseas or labour agreement) and providing any required supporting documentation. You will be asked to provide:

a full description of the position to be filled by the temporary business entrant,
a statement of skills, qualifications and experience required for the position to demonstrate that the position meets the minimum skill level,
evidence that the position will be remunerated at a level equal to or above the minimum salary level, and
personal details of the overseas person who will fill the nominated position and any dependents (spouse, children) accompanying them.
When making a decision on the nomination application, the Department will assess whether:

the employer is an approved SBS, PQBS or overseas business sponsor,
the position relates to an occupation which meets the minimum skill level, and the position is to be renumerated at the minimum salary level or above.
You are required to show that the nominated position satisfies the requirements for approval. To enable prompt processing, lodge nomination applications at the same time as the sponsorship application. It is in your interest to include all necessary information and documentation with every application, as a decision may be made on the basis of the information you have provided.

A letter is sent to the employer to confirm approval of the nomination application. This letter must be attached to the nominee's visa application, together with a copy of the job description or duty statement.



What is the minimum skill level?
The minimum skill level relates to occupations on a list (detailed on a Gazette Notice) of acceptable occupations. They reflect occupational groups 1-4 of the Australian Standard Classification of Occupations (2nd edition) publication produced by the Australian Bureau of Statistics (ABS). Major occupational groups in this range are:

Managers and Administrators,
Professionals,
Associate Professionals, and
Tradespersons and Related Workers.
Some occupations within the ASCO 1-4 range, such as Apprentice positions, have been omitted from the list and cannot be filled. Refer to Schedule B of the Gazette Notice, rather than ASCO, for a definitive list of acceptable occupations.



What is the minimum salary level?
The minimum salary level is based on the annual average salary for all Australians, as calculated by the Australian Bureau of Statistics (ABS). At 1 July 2001, this figure was AUD$34,075. The minimum salary level represents gross salary and cannot include salary packaged items, such as superannuation, vehicles, bonuses or other allowances.

Employees may be provided with other benefits but these will not count towards the calculation of remuneration for the purposes of the minimum salary level.

Schedule A of the Gazette Notice specifies items, which cannot be included in the calculation of salary.



How do I apply for a Temporary Business (Long Stay) visa to work for my sponsor?
To apply for a Temporary Business (Long Stay) visa to work for you sponsor you must complete and sign Application Form 1066 Application for a Long Stay Temporary Business Visa, (PDF File) and answer all questions honestly and completely, in English. When you lodge your application, ensure that your application is complete, that is:

the application form is signed and every question is answered;
the visa application charge has been paid. and
supporting documents are attached. It is in your interest to support your application with as much information as possible at the time you apply. A decision may be made on the information you provide at time of application.
Completed applications can be lodged at the nearest Australian diplomatic office overseas, either in person, by a representative or sent by mail. If an application is by sent mail, you need to include a self-addressed, pre-paid envelope for the secure return of your passport. In Australia, you may mail your application to the nearest Business Centre at a regional office of the Department.



How do I have my educational qualification/trade skills recognised?
You will need to demonstrate that you have the necessary skills to perform the proposed activity in Australia. Where Australian registration or licensing with an Australian State authority is required to undertake the nominated position, you may be asked to provide evidence that you are eligible for the relevant registration or licensing.

To find out how to gain recognition of your educational qualifications, contact the National Office of Overseas Skills Recognition (NOOSR). For trade qualifications (such as in the fields of engineering, catering, electrical and construction), contact Trades Recognition Australia (TRA).



Can family members accompany me?
For most visas, family members (spouses, dependent children or dependent relatives), who apply at the same time as the applicant, can apply on the same form and pay the one charge. A child who is born after an application is made (but before it is decided) will be automatically included in the parent's application, once the Department is notified of the details of the new born child. In some circumstances, a spouse or dependent child can be added to an application.



What if my application is unsuccessful?
Most decisions made in Australia can be reviewed, as well as a number made overseas (usually where a sponsor, nominator or close family member is involved).

When you are notified of a decision to refuse your application you will be advised as to whether you may seek a review of the decision made and the time you have to do so. The review in each case will be a review of the merits of the decision.



I have a Temporary Business (Long Stay) visa and have changed my employer or occupation. What do I do now?
The work condition on your visa does not allow you to change employer or occupation without prior authority from the Department. The prospective employer will be required to be an approved sponsor and the new position must be skilled.

If you are considering changing, or have already changed employer or occupation without permission, you should contact the Department's immediately to discuss the matter.



I have a four-year temporary business visa but my employer no longer needs me. What are my options?
The work condition on your visa does not allow you to change employer or occupation without prior authority from the Department. If your employment with your original employer has finished earlier than the validity of your visa, you should make arrangements to leave Australia without delay.

If you wish to continue to work in Australia, and you have another employer prepared to sponsor you, you should lodge a new application immediately. If no offer of employment is forthcoming or the prospective employer is not approved as a sponsor, your visa may be cancelled and you may be required to leave Australia immediately.

You may not start work for a new employer until you have received written authority from the Department allowing you to do so.



How can I stay longer or live permanently in Australia?
There are some options available to you if you want to stay longer or remain permanently, but you have to apply for a new visa. If you wish to either continue working for your original employer or take up different employment, you must lodge a new visa application while your current visa is valid.

To extend your stay as a 457 visa holder:
the employer, or new employer, must be an approved sponsor,
the position to be filled must be the subject of an approved and current nomination, and
you must apply for a new visa before your existing visa expires.



My visa has expired. What's going to happen to me now?
At this point, the news for you is not good. Under the Migration Act 1958, if your visa expires while you are still in Australia you become an "unlawful non-citizen". The Act requires that you must be detained immediately and removed from Australia as soon as practical.

Compliance staff locate people who overstay their visas and become "unlawful non-citizens" and ensure that they depart Australia, if there is no legal reason for them to remain.

If you made an oversight, as soon as you become aware that you are an "unlawful non-citizen" you should make immediate arrangements to depart and contact the Compliance Section of a regional office of the Department closest to your location with evidence of your departure booking.

Depending on your circumstance, a Departmental officer may decide to grant you a bridging visa, rather than detain you. The bridging visa will give you lawful status for a short time and the opportunity to organise your personal affairs before departing or to lodge an application for a new visa, if you are eligible for one.



What happens if I stay on as an unlawful non-citizen?
You have made the wrong decision.

Your problem is not going to go away. Sooner or later you will be caught. Under the law, when you are caught you will be detained and removed. That means that you can be held in an Immigration Detention Centre until the day of your removal. Your departure will take place under immigration supervision.

If you approach the Department voluntarily to discuss your circumstances you could be granted a bridging visa, but your chances of being granted a bridging visa are much less favourable if you are located by a compliance officer. As an unlawful non-citizen you are not entitled to Medicare, social security, education and most other services available to lawful residents. You also have no right to employment.





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