Australia Welcomes Business People
Australia open for business
International business people wanting to come to Australia for business should choose the most appropriate visa for their business needs.
More often than not, business people have to act quickly when a business opportunity arises.
The purpose of business trips can vary:
- short business trips to attend a meeting, sign a contract, inspect a site and/or attend an event/conference in Australia
- longer working assignments
- setting up a new business or buying into an existing business in Australia
- settling permanently to live in Australia and do business
- other business related activities
Australia’s business visa structure, with its temporary stay and permanent residence streams, accommodates various business requirements.
For short business visits:
The Short Stay Business Visitor (SSBV) visa enables genuine business people to visit Australia for up to three months for business purposes. Applications can only be made for these visas offshore and applicants have to be outside Australia when they apply. These visas cannot be extended once you arrive in Australia.
For those who wish to visit Australia for business purposes for more than three months, or undertake ongoing employment, consideration should be given to applying for the specific temporary residence visa relevant to the proposed activities.
The SSBV visa is generally for business people who wish to:
- explore current and future business opportunities in Australia
- conduct business negotiations, site visits, equipment inspections
- sign business contracts
- attend conferences or meetings in relation to their field of employment.
The SSBV visa also allows limited training to be undertaken where the training does not lead to a formal award, is observational in nature and no work component is undertaken and is relevant to the usual occupation of the applicant.
In general, the applicant is not eligible for a SSBV visa if they will be working in Australia.
Only very limited work is allowed while in Australia on a SSBV. Activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents are not permitted by SSBV visa holders. Furthermore, work that is classified as ‘ongoing’ is not permitted while on a SSBV.
Applicants should contact their closest DIAC office if you intend to use a SSBV to enter Australia to undertake work.
The types of SSBVs are:
Business (short stay) (subclass 456) visa: This visa is available to all passport holders wishing to visit Australia for business purposes. No formal sponsorship is required for this visa.
- Applicants will have to complete and sign a visa application form for this visa subclass and lodge the form with all supporting documentation at an Australian visa office overseas.
- Applicants may be required to attend an interview.
- Applicants may be required to pay a visa application charge.
eVisitor (subclass 651) business entrant visa: An eVisitor (business entrant) visa is an electronic visa designed for people who are outside Australia and want to visit Australia for business purposes. This visa can be applied for online at: www.immi.gov.au/e_visa/evisitor.htm
Note that only holders of eVisitor eligible passports are able to apply for an eVisitor visa to enter Australia. The list of eligible countries can be found here: www.immi.gov.au/visitors/tourist/evisitor/eligibility.htm
eVisitor holders:
- must not engage in any studies or training for more than three months.
- must be free from tuberculosis at the time of travel to, and entry into, Australia.
- must not have any criminal convictions, for which the sentence or sentences are for a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia.
ETA (business entrant) (subclass 956 and 977) visa The Electronic Travel Authority (ETA) is only available to passport holders from a number of countries and regions wishing to visit Australia for business purposes. For countries where an ETA is not available, passport holders should consider applying for a business (short stay) visa (subclass 456).
An ETA is granted via electronic links between the travel agent or airline and DIAC systems.
There are two different types of ETAs available for business visitors:
- ETA (business entrant - long validity) (subclass 956)
- ETA (business entrant - short validity) (subclass 977)
Both allow the holder to remain in Australia for a maximum of three months on each arrival. ETA (subclass 977) is generally valid for travel for 12 months from the date of grant. However, ETA (subclass 956) is valid for travel for the life of the applicant’s passport or for 10 years, whichever is shorter.
There is no ETA application form for applicants to complete and applicants are not assessed by an immigration officer at the time of application. An ETA can be applied for through a travel agent, airline or, in the case of ETA (subclass 977) via the internet. A visa application charge applies for ETA (subclass 956), and this ETA cannot be obtained via the Internet.
The International Event Coordinator Network:
The International Event Coordinator Network (IECN) within DIAC provides information on Australian visa requirements to those organising and participating in events, conferences or meetings to be held in Australia. The IECN can provide the following services:
- identifying the most appropriate visa types for participants
- explaining visa requirements and processing timeframes
- notifying the department's overseas offices of invited or registered international visitors
- resolving issues involved in the visa application process.
Medical checks
It is a requirement of immigration legislation that temporary visa applicants meet the health requirement for the grant of their visa. Therefore, visa applicants may be required to undertake certain health examinations in order to demonstrate that they meet the health requirement. The level of assessment required will depend on:
- their proposed length of stay in Australia
- their age
- their country’s level of risk in terms of TB
- their intended activities in Australia, and
- their medical history.
When there is a need to stay longer
Australian employers, unable to fill skilled positions vital to their business operations, may recruit personnel from overseas on either a temporary or permanent basis to overcome skilled labour shortages.
Skilled migrants bring human and financial capital to Australia and add value to this country’s existing technological base and multicultural workforce.
Business people, specialists and executives wanting to come to Australia for longer periods can apply for the subclass 457 temporary business long stay visa.
This visa is for:
- skilled persons who have been sponsored to work for a business in Australia, and
- management and specialist personnel of Australian-based and offshore companies.
This visa allows for temporary stays of between one day and four years. This visa can be renewed if required. Subsequent 457 visas can be applied for onshore.
Streamlined processing and the availability of electronic lodgement on the Internet allows businesses in Australia to recruit skilled overseas personnel to fill positions. To be sponsored to work in Australia, the business must seek approval as a business sponsor and nominate the position to be filled.
The nominated position must meet minimum skill levels and pay the genuine market salary rate above a certain threshold in order to be approved. The person being sponsored must have skills, qualifications, experience and an employment background which match those required for the nominated position, among other requisite conditions. All sponsors of subclass 457 visa holders are required to adhere to a series of sponsorship obligations including providing terms and conditions of employment no less favourable than those provided to their Australian employees—equal pay for equal work.
Settling in Australia permanently
Australia’s skilled and business migration programs aim to attract people with specific skills and qualifications which will benefit Australia’s economy and society.
While the criteria for migration are rigorous, if the applicant has the skills or is a successful business person, the opportunities for genuine applicants are excellent, especially if they are interested in expanding their horizons beyond Australia’s major centres.
Business owners, senior executives and investors can apply for a visa under the Business Skills program, which encourages successful business people to settle permanently in Australia and develop new or existing businesses.
In addition, if the applicant has already established a business in Australia while here on a temporary basis, on an appropriate visa that allows them to undertake work, they may consider applying to remain permanently under the established business in Australia or regional established business in Australia category.
More detailed information on the criteria for business migration is provided on the next page in the article titled ‘Australia welcomes skilled business people’.
Family migration
There are four categories of visas that people can apply to migrate to Australia under family migration – partner migration, child migration, parent migration and other family. Applicants must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
For more details on family migration, visit: www.immi.gov.au/migrants/family/
