Spreadsheet: e8979478-1d3c-4849-9f53-58638307a44d
Sheet: Employment

Common Business and Employment Categories - Australia
 |  | Temporary Work (Skilled) subclass 457 visa | Employer Nomination Scheme subclass 186 visa | Temporary Work (Short Stay Activity) subclass 400 visa
Work / Employment | Applicability? | The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis in certain qualifying occupations. | The Employer Nomination Scheme visa (subclass 186) is a permanent visa for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia.  It has three streams: The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position. The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market. The Agreement stream is for people sponsored by an employer through a labour or regional migration agreement | This visa is for people who want to travel to Australia for up to three months to either:  (1) do short-term, highly specialised, non-ongoing work; (2) participate in non-ongoing cultural or social activities at the invitation of an Australian organisation; or (3) in limited circumstances, participate in an activity or work relating to Australia’s interests.
 | Quota or [NAME]? | No | No | No
 | Is Secondment to the Destination Country Allowed with No Local Employer  (i.e. for work on client sites on behalf of the foreign employer)? | Yes | No | Yes
 | Must the Employer have a Legal Presence in the Destination Country to obtain this permit/visa? | No | Yes | No
 | Is a Local Contract Required? | Yes, a local employment agreement is normally required (unless the sponsor is a non-Australian entity) although a properly drafted assignment letter could suffice if it is an intracompany transfer. | Yes, a local employment agreement is required. | No.
 | Must the Employee be Paid Locally? | No | Yes | No
 | Is There a Minimum Wage Requirement? | Yes | Yes | No
 | Is there an Age Restriction/Requirement? | No | Yes | No
 | Where is the Application Submitted? | Online | Online | Online
 | Government Processing Time? | 6-8 weeks | 5-7 months | 1 week
 | Maximum Initial Period of Stay? | 4 years | Permanent | 6 weeks
 | Maximum Number of Extensions (Total Time) Allowed? | Indefinite | N/A | No extensions allowed
 | Geographical  Limitation on Activities Undertaken in the Destination Country? | No | No | No
 | Registration Requirements on Arrival Before Working? | Yes, if the occupation requires it. | Yes, if the occupation requires it. | No
 | [NAME]? | No | No | No
 | Academic Qualifications Required? | Yes.  Each occupation has set academic requirements. | Yes.  Each occupation has set academic requirements. | No, but the work must be highly specialised, so normally applicants have at least a bachelors degree or equivalent.
 | [NAME]? | Yes, unless an exception applies. | Yes, unless an exception applies. | No
 | Previous Employment or Work Experience Requirements? | For some occupations, this is a requirement. | Yes | No, but the work must be highly specialised, so normally applicants have significant past work experience.
 | Are there any Age Restrictions? | No | Yes.  The applicant must be under the age of 50 unless an exception applies. | No
 | Must there be a Test of the Resident Labor Market? | Yes, unless an exception applies. | No | No
 | Does it lead to Settlement/Permanent Residence/Citizenship? | After two years, the visa holder can apply for a 186 visa (see next column), through the TRTS stream which is a more streamlined process than normal. | Yes | No
 | Can Dependents Accompany Applicant? | Yes | Yes | Yes
 | Who Qualifies as a Dependent? | Spouse, de facto partner, children dependent on parents for sustenance (this is presumed if they are under 18), and other dependent family members (e.g., elderly parent) | Spouse, de facto partner, children dependent on parents for sustenance (this is presumed if they are under 18), and other dependent family members (e.g., elderly parent) | Spouse, de facto partner, children dependent on parents for sustenance (this is presumed if they are under 18), and other dependent family members (e.g., elderly parent)
 | Can Dependents Work/Attend School? | Yes | Yes | No
Business Visitor | How do Business Travelers enter the country? | All travelers require a visa before entering the country, with the exception of New Zealand citizens.  Certain nationalities can apply online.  Depending on nationality, the appropriate visa is either the subclass 600 Visitor, the subclass 601 Electronic Travel Authority (ETA), or the subclass 651 eVisitor visa.
 | What are considered legitimate business activities and what are the requirements for business travel? | With the standard subclass 600 Visitor, subclass 601 Electronic Travel Authority (ETA), and subclass 651 eVisitor visas, the only business activities that are permitted are making a general business or employment enquiry, negotiations, or participating in a conference.  No work is permitted under any circumstance.  If short-term work is required, then the applicant must apply for and be granted a subclass 400 Temporary Work (Short Stay Activity) Visa.
Other Considerations | Are There Grounds That Render Applicants Ineligible for a Permit or to Enter the Country? | Yes, the most common is where the applicant has a criminal conviction where the sentence was 12 months or longer.
 | Are Waivers for Ineligibility Possible? | Yes
 | Timing for [NAME]? | 2-4 months
 | Administrative Body for Removal/Deportation and Immigration Issues? | Department of Immigration and Border Protection