FAQ's
Frequently Asked Questions - Temporary residents
- What health examinations are needed for temporary residence?
- What is a bridging visa?
- If my visa holds condition 8503 can I apply for a further stay as a visitor?
- I would like to visit Australia for a short time to conduct business - a conference, negotiation or an exploratory business visit. What visa do I apply for?
- What is the Electronic Travel Authority (ETA)?
- Can I extend my Business (Short Stay) visa in Australia?
- Can I employ someone who holds a Business (Short Stay) visa?
- Can I perform as an entertainer or actor or film commercially in Australia on a Business (Short Stay) visa?
- What is Visa Condition 8107?
- I have a four-year temporary visa but my employer no longer needs me. What are my options?
- What is work and who has the right to work in Australia?
- Who can I employ in Australia?
- Can I work while holding a visitors visa?
- How do I prove to an employer that I have permission to work in Australia?
- What happens if I work without permission?
- Can I work while holding a Working Holiday visa?
- How many hours may overseas students work?
What health examinations are needed for temporary residence?
If you are intending a temporary stay in Australia, you are required to declare your health status on your visa application form. In certain circumstances you may be asked to provide a doctor's report or undertake a medical (including HIV/HEP B/HEP C) tests and/or radiological examination. This may include where you are:
- likely to enter a hospital or other health care environment, including nursing homes as either a patient, visitor, trainee or employee,
- likely to enter a classroom environment, including preschool, creche and child care situations,
- known or suspected of having a medical condition, regardless of your length of stay,
- intending to stay in Australia for more than 12 months, or
- intending to stay in Australia for more than 3 months, and you have recently visited or lived in a country with a Very High-risk rate of tuberculosis (Tb).
What is a bridging visa?
If you apply for a visa in Australia, you will usually be granted a bridging visa to keep you lawful, in case your current visa ceases before a decision is made on your application. A bridging visa will also keep you lawful if your visa is refused and you seek merits review of that decision.
If you wish to travel overseas and you do not hold a bridging B visa, you will need to apply for a bridging visa B which allows you to return to Australia. Only bridging B visas have a return travel facility.
If my visa holds condition 8503 can I apply for a further stay as a visitor?
No, condition 8503 "no further" stay prevents further visa applications with the exception of an application for a Protection Visa while the visa holder remains in Australia. If further stay is still being sought then a written request for the waiver of the 8503 condition needs to be lodged at a department office in Australia. Waiver of 8503 condition is not automatic and specific requirements need to be met.
I would like to visit Australia for a short time to conduct business - a conference, negotiation or an exploratory business visit. What visa do I apply for?
Visitor visas for Business purposes are intended for genuine business visitors seeking short-term entry to Australia for a stay of up to 3 months to undertake business activities such as official visits, meetings, training or building inspections.
There are a range of Business (Short Stay) visas (including the Business Electronic Travel Authority (ETA)). The ETA is an electronically-stored authority for travel to Australia for short-term or business entry. It replaces the visa label or stamp in a passport and removes the need for application forms. ETA's are faster and simpler to access and are available to passport holders from over 30 countries and locations.
Passport holders from countries with whom Australia does not have an ETA arrangement should apply for a Business (Short Stay) visa subclass 456 or a Sponsored Business (Short Stay) visa subclass 459. Business visas do not permit applicants to engage in work that might otherwise be carried out by an Australian citizen or permanent residents.
What is the Electronic Travel Authority (ETA)?
Australia's Electronic Travel Authority (ETA) is an electronic form of visa ie a modern-day replacement for a visa label or a stamp in a passport.
ETA enables visitors from passport-approved countries to obtain authority to enter Australia at the same time as they book their travel arrangements. The ETA is issued by computer links between the Department of Immigration, travel agents, and airlines around the world. The ETA system enables tourists and business travellers intending to visit Australia for three months or less, to apply for an ETA at the same time as they make other online travel bookings.
ETA Eligibility Passports
You can only apply for an ETA while you are outside of Australia. You also must hold an ETA-eligible passport. The table below lists the kinds of passports:
| Andorra | Malaysia |
| Austria | Malta |
| Belgium | Monaco |
| Brunei | The Netherlands |
| Canada | Norway |
| Denmark | Portugal |
| Finland | San Marino, Republic of |
| France | Singapore |
| Germany | South Korea |
| Greece | Spain |
| Hong Kong (SAR) | Sweden |
| Iceland | Switzerland |
| Ireland | Taiwan* |
| Italy | UK - British Citizen or |
| Japan | UK - British National (Overseas)** |
| Liechtenstein | USA |
| Luxembourg | Vatican City |
* Holders of Taiwan passports can only be processed for an ETA if resident in and applying in Taiwan.
** Holders of UK passports which indicate their nationality to be British National (Overseas) can only be processed for an ETA if resident in and applying in Hong Kong.
Can I extend my Business (Short Stay) visa in Australia?
The Business (Short Stay) visa cannot be extended in Australia. If you need to stay longer, for business/employment reasons, the visa that will best suit your needs is the Business (Long Stay) 457 visa, valid for between three months and up to four years.
Can I employ someone who holds a Business (Short Stay) visa?
A Business (Short Stay) visa is not a 'work rights' visa. This visa allows your business contact to conduct business affairs, but not to take a job in Australia, that is:
- able to be carried out by someone in the Australian labour force, or
- has other adverse consequences for the local labour market.
If you are seeking to employ someone from overseas, the Business (Long Stay) 457 visa, valid for between three months and up to four years, may suit your needs.
Can I perform as an entertainer or actor or film commercially in Australia on a Business (Short Stay) visa?
You are unable to perform as an entertainer or actor or film commercially in Australia on a Business (Short Stay) visa. The appropriate visa to use is either the Entertainment visa (subclass 420) or the Media & Film visa (subclass 423).
What is Visa Condition 8107?
Overseas employees who hold a temporary business (long stay) subclass 457 visa usually have condition 8107 applied to their visa. This means that they cannot cease to work for their original employer. This includes changing employer, moving to a substantially different position with the same employer, certain types of leave, and situations where the visa holder has become unemployed.
If the visa holder fails to comply with condition 8107, their visa may be cancelled. It is very important for overseas employees, and their employers, to understand what this condition means.
Remember that failure to comply with the conditions of a previous visa may lead to the visa holder being refused another visa in future.
(Tip: Employers must advise DIMA within five days of termination of employment of a 457 visa holder, and provide DIMA with the employee's forwarding address.)
I have a four-year temporary visa but my employer no longer needs me. What are my options?
The work condition (Condition 8107) on your visa does not allow you to change employer or occupation. 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 your new visa, or until the department advises you that you may do so.
What is work and who has the right to work in Australia?
The Migration Legislation defines work as "an activity that, in Australia, normally attracts remuneration" this means that any activity that normally attracts payment, irrespective of whether you are paid or given some other kind of reward is deemed to be work.
As a general rule, only Australia citizens, Australian permanent residents - that is, migrants who are not yet Australian citizens - and New Zealand citizens who have entered Australia on a valid passport, have unrestricted rights to employment in Australia. Any other foreign national who wants to work in Australia must have a temporary visa that allows employment.
Who can I employ in Australia?
People who hold Australian permanent visas are entitled to work. People who hold an Australian temporary Resident visa may or may not have the right to work. For example, people on Visitor visa are not entitled to work in Australia. An employer needs to check a visa holder's work rights to ensure that they employ people who have the right to work in Australia.
A guide on work rights, titled Don't give a job to an illegal worker is designed to help Australian employers check the work rights of people visiting Australia, and offers information about the issue of illegal workers in Australia, available at DIMA. Please contact our us for information.
Can I work while holding a visitors visa?
If you want to work in Australia, it is important to obtain a visa that allows you the right to work. If you hold a visitor visa of any type, including an ETA, you do not have permission to work in Australia. Penalties apply to holders of a visitor visa who do not abide by the 8101 'no work' condition and include cancellation of your visa and removal from Australia. Those wanting to work should consider the Working Holiday Maker program, or another visa that allows work.
How do I prove to an employer that I have permission to work in Australia?
When you apply for a job, employers and labour suppliers will ask you to prove that you have the right to work in Australia before they give you the job. Be prepared to show your passport and your valid visa stating your work rights.
What happens if I work without permission?
If you work without work right you commit an offence against the Migration Act 1958. People working illegally may have their visas cancelled and be subject to immediate removal from Australia. They can also be excluded from returning to Australia for a period of up to three years, or fined up to $10,000.
Can I work while holding a Working Holiday visa?
Working holiday makers are permitted to do any kind of work of a temporary or casual nature. As the main purpose of the visit is for holiday and travel, work for longer than three months with any one employer is not allowed.
How many hours may overseas students work?
As an overseas student in Australia, you should have enough money to support yourself and your family for the entire time that you are studying. You are not automatically given the right to work once you are in Australia. If you do need to get a job while studying, you will need to apply for and get a new student visa with permission to work attached as a condition of that visa. Students and dependents can only apply for a visa with work rights after they arrive in Australia and the student has begun studying. There is an application charge for a student visa with permission to work.
If a student visa with work rights is granted, you will only be allowed to work for 20 hours a week while the course you are studying is in session unless that work is a registered component of the course. However, you can work for longer periods during your holidays.
Dependants of student visa holders may generally work up to 20 hours a week while in Australia. The money you earn from working in Australia should only supplement your income and not be your only source of income.
Please contact us for detailed information from our Australian immigration consultants, or click here for a free Australian immigration assessment.