Australian Immigration Daily News

To manage the Australian border, the Department implements Australia’s universal visa system, under which all non-citizens require a valid visa to come to Australia. The Department also confers citizenship on eligible applicants. There are broadly two types of visas:

• higher volume, generally simpler, temporary entry visa products
• lower volume, longer-term migration visas requiring more complex assessment.

Business visitor visas allow for travel to Australia for short term tourism or business visits.

The principles governing the entry of visitors are that visitors to Australia must: 

• genuinely intend only to visit Australia temporarily
• not work unlawfully
• not engage in studies or training for more than 3 months
• have, or have access to, adequate means to support themselves during the period of the visit so that they do not need to access Australia’s social welfare system and
• leave Australia on or before the date their visa ceases, unless they make a valid application to stay for a longer period to the benefit of Australia (for example, apply for a Student or 482 visa in a highly skilled occupation). 

The Business Visitor stream of the visitor visas allow business people to make a short business visit to Australia to engage in business visitor activities. Business activities generally include making general business or employment enquiries

• investigating, negotiating, entering into or reviewing a business contract
• activities relating to official government to government visits and
• participation in a conference, trade fair or seminar unless there is payment for participation. 
• By way of example, an executive board member may attend a meeting on a business visitor visa provided they do not undertake work duties on behalf of an Australian business.

This stream excludes the visa holder: 

• from working for or supplying services to an organisation or person in Australia
• from supplying services or direct selling goods to the public (retail) or
• from entering the Australian labour market or the retail trade 

Most business visitor visas are granted within the matter of days which makes these accessible to a wide range of individuals wishing to travel to Australia.

Often the task of understanding the difference between work and business activities can become somewhat cumbersome. Therefore, it is important to understand the limitations of visitor visas to avoid events such as refusal of immigration clearance at the airport.

Where a planned activity includes work, that is “any activity conducted in Australia which is generally remunerated”, alternative options such as subclass 400 visa should be considered.

The Subclass 400 visa is for persons with a demonstrated need to undertake short-term, non-ongoing, highly specialised work in Australia.

In general, the visa provides a pathway for workers (such as professionals, managers, technicians and tradespeople) with highly specialised skills, knowledge or experience that can assist Australian business and which cannot reasonably be found in the Australian labour market.

The subclass 400 visa has two eligibility streams:

• Highly Specialised Work stream
• Australia’s Interest stream

Under the Highly Specialised Work Stream, the proposed work to be undertaken by the visa applicant must not have adverse consequences for the employment, or training opportunities, of Australian citizens or permanent residents.

• The maximum period of stay is six months. However, under policy it is expected the normal period of stay would be 3 months or less.
• The visa can be granted with either a single entry facility or multiple entry.
• The period of stay granted commences on the first day the visa holder enters Australia. Where a multiple entry facility has been granted, re-entering Australia does not re-set the period of stay allowed.

The benefits of 400 visa is the ability to conduct short term work without the need to be sponsored by an Australian employer.  Family members can also be included on the same application.

In order to determine whether business visitor visa or work visa is more appropriate, consider the following questions:

• Is there remuneration associated with the activity?
• Is there an output produced for the business (for example, provision of service or sale)?
• Is this a business development opportunity or a work related obligation?

By asking the right questions, it becomes easier to determine whether an activity is business or work activity.