The government is intending to introduce a one-year multiple entry visa for foreign workers that would not require applicants to pass language or skills requirements. Nor would employers have to prove they cannot find an Australian to fill the position.

The proposed “short-term mobility” subclass of visas would be available for “specialised work which may include intra-company transfers and foreign correspondents”, says a proposal paper obtained by The Australian Financial Review.

This visa is expected to replace the existing sc400 visa.

The current sc400 is problematic because employers have to prove that the intended work is ‘non-ongoing’ and the standard grant is 4 weeks although legislation allows grants for up to 6 weeks. Case officer’s have the discretion to determine both the time-frame and whether the specialised work is ‘non-ongoing’ in their decision. A conservative approach in decision-making has sometimes, had the unfortunate effect of resulting in refusals and the redirection of applicants to the more onerous 3-stage sc457 visa.

The new visa is a sensible approach but it remains to be seen if, under the new system, sc457 visa applicants will instead be redirected to this new "short-term visa”, thus limiting the pathway to permanent residency.

According to the AFR, there has been a steady increase in the sc400 visa applicants since it was first offered in 2012. The number of visa grants jumped from 4587 in the year ending 2013 to 32,984 in 2013-14. Applicants are concentrated in mining, manufacturing, construction and education.

Summary of the changes as reported by the AFR:

• Applicant for the “short-term mobility” visa must prove that they are a “genuine-temporary-entrant”.
• A three months visa to be available to applicants who have an “invitation of an Australian company”.
• A 12 months visa to be available to applicants who provide a “statement of guarantee or undertaking from the Australian organisation detailing salary and any employment conditions reflective of the Australian standard for the duration of the stay”.
• The existing employer-sponsored 457 visa would be absorbed into a new “temporary-skilled” category. It would continue to require candidates to meet English language, skills and labour market tests.
• There would also be “permanent-independent” and “permanent-skilled” subclasses. The “permanent-independent” subclass would be for “highly skilled individuals to independently apply for permanent residence to work in Australia”. It would replace existing distinguished talent visas.
• ‘Applicants in the permanent-skilled category would have to prove they are filling a genuine vacancy in the local labour market. This category would subsume the existing 186 and 187 visas.
• There is also to be a review of the integrity of the 457 visa system, the significant investor visa program and an inquiry into the Business Innovation and Investment Program.