Live And Work Visa For Australia

Are you looking for a live and work visa for Australia? Embarking on an exciting new adventure overseas can be full of challenges and it’s always helpful to have the experts at your side.

In recent years, more and more Chinese are interested in living and working in Australia. According to Foreigners Regional Registration Office of Victoria, overall, from July 2009 to June 2010, the number of Chinese migration increased by 22%. Most of them who want to work in Australia decided to apply for a visa to allow them to live and work there.

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Live And Work Visa For Australia

A temporary visa allows you to stay in Australia for a certain period of time. You are not eligible for permanent residence on this visa type. In order to be successful in getting an Australian visa on the basis of your business skills, you will need to demonstrate that you have a highly skilled occupation and that you are needed for service in one of the Australian states or territories.

If you are planning to work or study in Australia, you need a migration visa. However, it is very difficult to get a proper and strong visa without any problems. There are several regulations which you have to comply with. This article will help you understand about your visa application process as well as about some important documents that are required for you to apply for your visa.

Live And Work In Australia

The skilled migrant visa To live and work in Australia

Many people dream of a future in Australia. When you are willing to live and work in Australia, you will need a visa. The skilled migrant category does not only include permanent visas but visa for temporary stay in Australia as well.

Skilled Migrant visa

This category is designed to recruit the most talented individuals, who are able to contribute to the Australian economy. Not only those in employment but also (small) self-employed entrepreneurs belongs with an annual turnover lower than  AUD 500,000.- and a equity of AUD 800,000.- belong to this category.

To apply for a visa in the skilled migrant category you must meet several requirements. Firstly you need to prove you practice a job listed on Australia’s occupational list. You must prove that your experience and education correspond to the requirements set for this occupation. Furthermore, the requirements below apply:

• You are older than 18 years but younger than 45 years of age
• Your English language ability satisfy the requirements
• You score enough points in the points testing system
• Lastly, you are in good health and you don’t have a criminal record

The skilled migrant category is subdivided into various visa which all have their own requirements.

Visa categories Australia

Skilled Independent visa

Stated that your job is listed in the so-called ‘Medium and Long-term Strategic Skills List’ and that you satisfy the requirements mentioned below, you might be eligible for a visa in this subclass. This occupation list includes jobs wherein a shortage is identified within the Australian labour market. This visa allows you to live and work in Australia permanently. Besides, you are not tied to a specified area (State/Territory) or to an employer.

Skilled Nominated visa

This visa firstly applies to people with a job listed in the ‘Medium and Long-term Strategic Skills List’. If you score insufficiently in the Australian points test based on the basic elements (age, qualifications, skilled employment and knowledge of the English language), you must compensate the missing points. You could claim extra points by ‘State Nomination’. Additionally, you can be sponsored by a first-degree relative.

Secondly, this visa applies to people who have a job on the ‘Short-term Skilled Occupation List’. This includes occupations wherein a shortage is identified in specific regions. In this case, a state nomination is mandatory.

Each Australian state works with its own occupation list with jobs they are willing to sponsor for a visa and handles their own requirements for state nomination.

Australia Work Visa Requirements

You must

• hold a passport from an eligible country or jurisdiction
• be 18 to 30 years old (or 35 years old for some countries)
• apply online from outside Australia
• not be accompanied by dependent children
• not have previously entered Australia on a subclass 417 or 462 visa. If you have previously been in Australia on a subclass 417 visa, see the second Working Holiday visa.

Stay

12 months

Cost

AUD510

Processing times

• 25% of applications: Less than 1 day
• 50% of applications: Less than 1 day
• 75% of applications: 4 Days
• 90% of applications: 20 Days

With this visa you can

• do short-term work in Australia to help pay for your holiday
• study for up to 4 months
• travel to and from Australia as many times as you want
• do 3 months of specified work to become eligible for a second Working Holiday visa

Work Permits and Employment-Based Visas

Australia offers work permits and employment-based visas for different types of expert workers moving to Australia for job-related purposes. Some of the work visas for skilled professionals include the following list.

Types of Work Permits for Australia

• Employer Nomination Scheme (ENS) visa – allows skilled workers nominated by their employer to live and work in the country permanently.
• Regional Sponsored Migration Scheme (RSMS) visa – allows skilled workers nominated by their employer in regional Australia to live and work in the country permanently.
• Skilled independent visa – for invited workers and New Zealand citizens with skills Australia needs to live and work permanently anywhere in Australia
• Skilled Nominated visa – lets nominated skilled workers live and work in Australia as permanent residents.
• Temporary Skill Shortage visa – temporary visa that enables an employer to sponsor a suitable skilled worker when an Australian is not available
• Skilled Regional (Provisional) visa – temporary visa for skilled workers who want to live and work in regional Australia.
• Temporary Work (Short Stay Specialist) visa – temporary visa that lets you do short-term, highly-specialized work in the country.
• Temporary Work (International Relations) visa – temporary visa to work in particular circumstances that improve Australia’s international relations
• Distinguished Talent visa (subclass 858 for applying within Australia or 124 for applying outside of Australia) – permanent visa for people who have an internationally recognized record of outstanding achievement in a profession, sport, the arts, or academia and research.

In addition to these visas, Australia also has a Business Talent (Permanent) visa, which is specifically for establishing or developing a new or existing business in Australia. Read more about this type of visa in the Self-Employment Visas section below.

Work visas exist for the following professions:

• skilled workers
• people participating in specific activities
• highly specialized workers
• trainees, short-term
• experienced businesspeople
• investors

Australian Work Visa Requirements

The requirements for depend on your circumstances and the type of visa you apply for.

The different requirements per category are as follows:

Employer Nomination Scheme (ENS) Visa (Direct Entry Stream)

For the ENS Visa, you must:

• have the skills necessary for the job (skills assessment will be required, with some exemptions).
• be on the relevant list of eligible skilled occupations.
• be nominated by an Australian employer.
• meet health (learn more about Australia’s medical exam below) and character requirements.
• have at least Competent English.
• have at least three years of relevant work experience.
• be under 45 years of age (with some exemptions).
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

Regional Sponsored Migration Scheme (RSMS) Visa (Direct Entry Stream)

For the RSMS Visa you must:

• be nominated by an approved Australian employer for a job in regional Australia.
• be under 45 years of age.
• be on the relevant list of eligible skilled occupations.
• have at least Competent English.
• have at least three years of relevant work experience.
• have the skills necessary for the job (skills assessment will be required, with some exemptions).
• agree to remain employed with your nominating employer in regional Australia for a minimum of 2 years.
• meet health and character requirements.
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

Skilled Independent Visa 

For invited workers, who must:

• be nominated by an Australian state or territory government agency and invited to apply by submitting an expression of interest (EOI).
• be under 45 years of age.
• be on the relevant list of eligible skilled occupations.
• have the skills necessary for the job (skills assessment will be required, with some exemptions).
• satisfy points test with 65 points or more (learn more about Australia’s immigration point system below).
• have at least Competent English.
• meet health and character requirements.
•  read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

For New Zealand citizens who must:

• hold a New Zealand Special Category visa (subclass 444).
• have lived in Australia for at least five years.
• have started living in Australia on or before February 19, 2016.
• meet health and character requirements.
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

Temporary Skill Shortage Visa

For this type of visa, you must:

• hold a substantive visa or a Bridging visa A, B, or C and complied with previous visa conditions, if applying within Australia.
• be nominated by an approved sponsor to fill an occupation on the Short-Term Skilled Occupation List (for the short-term stream) or Medium and Long-term Strategic Skills List (for the medium-term stream).
• have worked in your nominated occupation or a related field for at least two years.
• have the skills necessary for the job (skills assessment will be required, with some exemptions).
• have adequate health insurance.
• meet health and character requirements.
• have at least Competent English.
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

Skilled Regional (Provisional) Visa

For the invited pathway, you must:

• be nominated by an Australian state, territory government agency, or sponsored by an eligible relative and invited to apply by submitting an expression of interest (EOI).
• be under 45 years of age.
• have a suitable skills assessment
• satisfy a points test with 65 points or more (learn more about Australia’s immigration point system below).
• have at least Competent English.
• be on the relevant list of eligible skilled occupations.
• meet health and character requirements.
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

If you apply via the extended stay pathway, you will have to previously hold the Skilled Regional Sponsored visa (subclass 475), Skilled Regional Sponsored visa (subclass 487), Skilled Independent Regional visa (subclass 495), or the Skilled Designated Area Sponsored Provisional visa (subclass 496) at the time of application. There is no age limit when you apply via this pathway.

Temporary Work (Short Stay Specialist) Visa

For this type of visa, you must:

• have highly specialized skills, knowledge, or experience to support Australian business and do on-going work (six months or less).
• have adequate funds to support yourself.
• meet health and character requirements.

Temporary Work (International Relations) Visa

For this visa, you must:

• provide a letter of support:
  • stating that you are engaged in a bilateral agreement between Australia / Australian state or territory government, and another country (for those applying via the Government Agreement stream);
  • from the foreign government agency, ministry, mission, international organization, or Australian school or relevant state or territory education authority (for foreign language teachers) for those applying via the Foreign Government Agency stream;
  • or from the Australian Government Department of Foreign Affairs Trade (DFAT) for those applying via the Domestic Worker (Diplomatic or Consular) stream.
• have adequate funds to support yourself.
• hold a temporary substantive visa if applying within Australia.
• meet health and character requirements.
• have adequate health insurance.

If you apply via the Domestic Worker (Diplomatic or Consular) stream, an interview and employment contract may be required.

Distinguished Talent Visa

For this type of Australian visa, you must:

• be nominated.
• contribute in a way that benefits the Australian community economically, socially, or culturally, or raise Australia’s academic, artistic, or sports standing internationally.
• have the ability to establish yourself in the country either through work in your field or by becoming independently established.
• be internationally recognized with a record of achievement in a profession, sport, the arts, or academia and research.
• have at least functional English.
• meet health and character requirements.
• read or have been explained the Life in Australia booklet, and sign the Australian Values Statement.

Working Visa Australia Cost

The work visas mentioned above all have a cost of 4,045 AUD (2,955 USD) with the exception of the following:

• Temporary Skill Shortage visa – 1,265 AUD (925 USD) for short-term stream or 2,645 AUD (1,925 USD) for medium-term stream
• Skilled Regional (Provisional) visa (extended stay pathway) – 360 AUD (265 USD)
• Temporary Work visas – 310 AUD (225 USD) except in limited circumstances
• Distinguished Talent visa – 4,110 AUD (3,000 USD)

Work Permit Visa Application Form for Australia

You can apply for most visas online on the Australian Government Department of Home Affairs website via ImmiAccount. If your visa requires an official invitation to apply, you can submit an EOI on SkillSelect.

Family Visa

All the visas we discussed, will allow you to bring eligible family members with you by sponsoring or applying for a subsequent entrant visa for them, except for the Domestic Worker (Diplomatic or Consular) stream of the Temporary Work (International Relations) visa.

Australia’s Medical Exam for Your Visa

If your visa requires you to meet Australia’s health standards, you may be subject to a health examination. This could include a medical exam, TB Screening test, chest x-ray, HIV test, hepatitis B and C test, and syphilis test, depending on the visa you are applying for.

To arrange your health examination if in Australia, you can do so with Bupa Medical Visa Services.

If you are outside of the country, you can book your medical exam with one of the Department’s approved panel physicians or clinics. For information on this, you can contact an immigration office near you.

How To Apply Working Visa In Australia

Australia’s Immigration Point System

If you are invited to apply for a visa that requires a points test, this is an overview of the points system:

Age

• At least 18 but less than 25 years old—25 points
• At least 25 but less than 33 years old—30 points
• At least 33 but less than 40 years old—25 points
• At least 40 but less than 45 years old—15 points

English Language Skills

• Competent English—0 points
• Proficient English—10 points
• Superior English—20 points

Overseas Skilled Employment

• Less than three years—0 points
• At least three but less than five years—5 points
• At least five but less than eight years—10 points
• At least eight years—15 points

Australian Skilled Employment

• Less than a year—0 points
• At least one but less than three years—5 points
• At least three but less than five years—10 points
• At least five but less than eight years—15 points
• At least eight years—20 points

Educational Qualifications

• Doctorate from an Australian educational institution or another educational institution of recognized standard—20 points
• Bachelor degree from an Australian educational institution or at least a bachelor qualification from another educational institution of recognized standard—15 points
• Diploma or trade qualification from an Australian educational institution—10 points
• Attained a qualification or award recognized by the relevant assessing authority for your nominated skilled occupation as being suitable for that occupation—10 points

Working Holiday Visa Australia

Working Holiday (subclass 417)

The Working Holiday (subclass 417) visa is a temporary visa for young people who want to holiday and work in Australia for up to 12 months. Introduced in 1975, it was initially only available for young people from the United Kingdom (UK), Ireland and Canada. Between 1980 and 2006 the program expanded to include many other partner countries, such as Japan, South Korea, Hong Kong, Taiwan and several European nations. (A full list of partner countries and the year they joined is provided in departmental WHM reports.)

Today, the largest numbers of entrants under this visa subclass continue to come from the UK, followed by young people from Taiwan, Germany, South Korea and France. Since 2006, no further Working Holiday agreements have been entered into with any partner country—only subclass 462 Work and Holiday agreements that have more restrictive requirements (including visa caps).

During their 12 month stay, 417 visa holders can work as much or as little as they choose in full-time, part-time, casual, paid or voluntary work. However, the work is restricted to a period of six months with any single employer. (This period was extended from only three to six months in 2006.)

Permission to work longer than six months with a single employer is possible in certain circumstances, for example if the visa holder is:

• employed as an au pair (as of 21 July 2015) or
• employed in certain industries in Northern Australia, such as aged and disability care, agriculture, construction, mining and tourism and hospitality (as of 21 November 2015).

There are no caps on the number of Working Holiday visas issued and the number of grants has increased substantially (from just over 2,690 in 2005–06 to 41,339 in 2014–15) since the option of a second working holiday visa was introduced in November 2005. This option was initially only available to those who had been employed in seasonal agricultural work in regional Australia for three months.

The second Working Holiday visa is valid for a further 12 months. The six month restriction working with a single employer resets and applies again in the second year, although it is possible to return to the same employer from the previous year for another six months. In 2006 the option of a second visa became available to those working in any regional primary industry, such as mining. In February 2008 the option extended to people who had worked for three months in construction industries in regional areas.

Statistics on employer industry are not available for first visa grants under the WHM program, but they are available for the second Working Holiday visa grant. Since its introduction in 2005 the vast majority of second visas have been granted to those employed in agriculture (about 90 per cent), with the remaining in construction or mining work.

Work and Holiday (subclass 462)

In 2003 the Howard Government began to develop a Work and Holiday (subclass 462) visa category with additional requirements for young people from countries that had not already entered into Working Holiday (subclass 417) partner agreements.

Since 2006 all new partner agreements have been negotiated under this category. Early signatories included Thailand, Chile, Turkey, the United States of America (USA), Indonesia and Malaysia. More recent additions to the program include China, Spain and Slovenia. (A full list of partner countries and the year they joined is provided in departmental WHM reports.) Other countries are currently negotiating agreements or have signed agreements that have yet to come into effect—for example the agreement signed in 2011 with Papua New Guinea (PNG) that is not yet operative.

Under the Work and Holiday visa there are additional requirements (listed under the visa applicant tab). For example, applicants from outside the USA must have functional level English, tertiary qualifications and a letter of support from their home government (although applicants from China and Israel are exempt from providing a letter of support). All countries (excluding the USA) have caps on the number of visas available per year under this program (a full list of the different visa caps are provided in departmental WHM reports).

In the past only subclass 417 visa holders have been able to apply for a second visa by working in regional Australia. However, in June 2015 the Australian Government proposed some changes to this restriction as part of the Government’s initiatives to support Northern Australia. According to the department’s website, once the necessary legislative changes take effect, all Work and Holiday (subclass 462) visa recipients will be eligible to apply for a second visa if they work for three months (88 days) on their first visa in tourism, hospitality or agriculture in Northern Australia. The Government implemented this change through an amendment to the Migration Regulations registered on 1 November 2016, effective as of 19 November 2016.

In addition, as of 2015, both Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa recipients are able to seek an extension for up to 12 months (not just six months) working with the same employer if they:

• work as au pairs (as of 21 July 2015) or
• work in Northern Australia (as of 21 November 2015) in aged and disability care; agriculture, forestry and fishing; construction; mining; or tourism and hospitality.

Current issues

Pathways to permanent residency

The working holiday scheme is a temporary program for young people who want to holiday in Australia and the average length of stay in the past has been about eight months. However, the program is increasingly providing a pathway to further employment under other visa categories, such as the Temporary Work (Skilled) (subclass 457) visa, which may in time lead to permanent residency in Australia.

Recent rises in 457 visa applications and grants appear to be due to a significant rise in onshore applications, as many of these applicants are international students or working holiday makers already in the country. In a 2013 fact sheet on strengthening the integrity of the 457 program, the then Department of Immigration and Citizenship acknowledged that many 457 visa applications came from onshore international students and working holiday makers.

The economic contribution of the WHM program and the ‘backpacker tax’

It is well established that WHM entrants make a significant contribution to the Australian economy. Any policy changes that could inadvertently reduce the number of temporary workers available under this scheme is of concern to many employers—as demonstrated in the response by stakeholders to this proposal and some of the submissions to the Senate Committee on Education and Employment’s temporary work inquiry.

In the 2015–16 Budget the Government announced a plan to change the tax status of working holiday makers from that of ‘resident’ to ‘non-resident’ from 1 July 2016. The proposed change would mean that working holiday makers are taxed at significantly higher rates. Since this announcement many stakeholders—particularly those in the agriculture and tourism sectors—have expressed concerns that the measure will significantly reduce the number of backpackers coming to Australia on working holiday visas and thus create labour shortages.

In March 2016 the Turnbull Government announced a review of the proposed tax arrangements; and on 17 May 2016 announced that, if re-elected, the Government would review the taxation of working holiday maker visas to ‘ensure our labour supply is adequate and Australia remains competitive globally’.

Exploitation and compliance

The exploitation of some working holiday makers and other temporary migrant workers—particularly those from non-English speaking countries—has been a topic of public concern in recent years (see, for example, concerns expressed by the Fair Work Ombudsman). However, the intensity of public debate escalated after the ABC screened a Four Corners documentary in May 2015 titled ‘Slaving away: the dirty secrets behind Australia’s fresh food’. The documentary alleged that working holiday makers (predominantly from Taiwan) employed in the agricultural sector were often underpaid, over-worked and forced to live in substandard accommodation. Some non-English-speaking women interviewed in the program reported being preyed on by employers or labour-hire contractors and made allegations of sexual harassment and sexual assault.

The Senate Standing Committee on Education and Employment’s 2015 inquiry, The impact of Australia’s temporary work visa programs on the Australian labour market and on the temporary work visa holders, also received evidence of exploitation of migrant workers on WHM visas and abuse of the WHM visa program by labour hire contractors and sub-contractors. The final report—A national disgrace: the exploitation of temporary work visa holders, released in March 2016—noted evidence provided to the Committee of ‘pervasive exploitation’ of WHM visa holders, particularly for workers from Taiwan, Hong Kong and South Korea with low English language proficiency.