“457″ Visa applicants on Visitor Visas

The Department of Immigration and Citizenship (DIAC) has recently made an announcement, explaining their concern about those who have already applied for the “457″ from off-shore (outside Australia) and then the Primary applicant and Secondary applicant/s come to Australia on a Visitor visa while they wait for the “457″ visa outcome.

The Visitor visas which DIAC are referring to are:-

• Tourist visa – “676″
• Sponsored Family Visitor  – “679″
• Business (Short Stay) – “456″
• Sponsored Business Visitor (Short Stay) – “459″
• ETA (Business Entrant – Short Validity) – “977″
• ETA (Business Entrant – Long Validity) – “956″
• ETA Visitor – “976″
• eVisitor (Business Stream) – “651″

DIAC recommend, just the same as with any other off-shore visa application, that the Primary and Secondary applicant/s remain off-shore while they await the outcome of their application. To book airfares and expect DIAC to grant one of the above mentioned visas is of concern to DIAC unless it can be shown that the visit is indeed, for a short time for either a visit or for business reasons.

For the Case Officer to grant such a visa, with the knowledge of the pending “457″ visa, they must take a number of circumstances into consideration about the Primary and Secondary applicant/s, such as:-

• Personal circumstances
• Incentive to return home
• Financial situation
• Their ability to support themselves while living in Australia.

The major condition which is automatically attached to all the Visitor visas, rather than the Business Visas above, is “8101″ – NO WORK Condition.

The major condition which is automatically attached to all the Business visas above is “8112″. This Condition requires that the visa holder must not engage in work in Australia that might otherwise be carried out by an Australian Citizen or an Australian Permanent Resident.

This condition “8112″ only allows work to be undertaken for periods of no more than 6 weeks in the ASCO 1-4 categories or in an emergency.

To commence working for the Sponsoring Employer on the “457″ using one of these Business visas will be considered by DIAC and the Case Officer involved as on going work, which contravenes Condition “8112″.

Should you require further details about this subject or any other topic of concern, please complete or FREE VISA ASSESSMENT available on our front page.