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Short-Term Mobility Visa

If you want to employ a foreign employee, then The New 12 month ‘ Short-term stay’ Visa available from July 2016 might be great for you!

The Short-Term Mobility visa is part of the Federal Government’s plan to simplify the visa system and enable Australian businesses a lot more flexibility in terms of attracting skilled migrant workers for short-term periods of employment. It is easier to get than the current 400 visa, it should be processed more quickly. It also lasts for 12 months, not just the 3 month period available under the current 400 visa regime.

More Straight Forward Then the 400 Visa

12 Month Short-Term Stay VisaIt is simpler – there is no English requirement, no need to satisfy the labour market testing, and generally the application process is easier and more straightforward than the 400 visa that it will replace. The worker need only fulfil basic health, character and safety requirements. That said, this visa is only really geared towards professionals with a specific skill set, and the business must demonstrate to great extent why the applicant’s expert skills are required for the specific project. It will therefore remain important (as with all visa applications) to enable an experienced migration lawyer to ensure this aspect is dealt with perfectly.

Longer work roles will still require the 457 visa. The 457 allows for 4-6 year employments in Australia, and in certain cases permanent residency. This visa is also being reviewed but currently still requires English ability, labour market testing and an investment into training Australian employees.

This visa will allow employers to fill short term vacancies for specialised workers and may include intra-company transfer and foreign correspondents.

Short-Term Mobility Visa

The Short-Term Mobility Visa will only apply to a small sub-set of people, such as high-level executives coming to Australia to set up divisions of their businesses, or specialist engineers and technicians training people to use innovative technologies, or software developers  installing specialised computer programs.

The development of the Short-Term Mobility visa has likely been prompted by frustrations experienced by Australian businesses unable to find staff to fill the gap between the subclass 400 and subclass 457 visas.

Skilled migration programs are designed to select overseas workers who have the skills required to succeed in the Australian labour market and to make a valuable contribution to society and the economy. There are high social and economic benefits that migrant workers bring to Australia when coming to this country. Not only do they help develop the Australian economy by increasing revenue via taxes, but they also help the businesses they are working for to grow and develop, which in turn allows these companies to continue employing Australian workers. In addition, overseas workers facilitate mutual cultural exchange, helping to further uphold the multi-cultural values which are important to Australia.

Overseas Workers Vs Local Workers

Short Term Mobility VisaWhile there is a genuine need for skilled migrant workers to fill skill shortages in Australia, this needs to be balanced by ensuring that local workers are given an adequate go when these job vacancies present themselves. The decision for many Australian businesses to nominate overseas skilled workers is not to circumvent the migration program of this country but because there is a genuine need of skilled workers for the overall growth of many businesses. In many specialist occupations, there are simply not enough people available to do these jobs due to Australia’s  small population relative to large geographic area and so the use of foreign workers in these situations is highly desirable.

This visa can be applied for within Australia or overseas, however, family members of Short Term Mobility visa holders are not permitted to be included on the same visa application. In instances where the work is considered ongoing, visa holders will likely need to apply for another visa such as the Temporary Work (Skilled) (subclass 457) visa, which allows nominees to stay in the country for up to 4 years while working for an approved sponsor.

If you want to sponsor a foreign worker, then contact one of our experienced migration lawyers at The Migration Place to discuss which visa best suits your business needs.

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