Your Rights and Obligations

Every Australian visa entitles you to different rights and imposes different obligations that must be met by the employee and employer. Immigration law is constantly developed and reviewed as a response to Australian population and labour market needs and government policy. As a result the below information is intended for general information and we strongly recommend you to speak to one of our advisors for more comprehensive details and the latest update on the visa subclass you are considering.

The below tables provide a short summary to assist you understand the various rights and obligations associated with common visas utilised by businesses. As we only practice in immigration law we not only are able to provided you with comprehensive representation, we have also highlighted our other services which can add value to your business operations.

Your Rights

Visa Program Temporary or Permanent Employer Business Location Rights
Business (long stay) - Subclass 457 visa Temporary Australia or Overseas
  • Work in Australia up to 4 years (HML strategy service)
  • Able to bring accompanying partner and dependents (secondary applicants)
  • Secondary applicant can work or study ( HML settlement service)
  • Unlimited Travel in and out of Australia for the duration of the visa period
Business (short stay) - Subclass 456 visa Temporary Australia or Overseas
  • Attend Business Activities (eg, meetings, conferences)
  • Engage in work in limited circumstances ( HML strategy service)
  • Multiple entry to Australia
  • Stay up to 3 months on each entry
  • Bring in partner and dependants (HML settlement service)
Occupational Trainee - Subclass 442 visa Temporary Australia
  • Undertake or participate in approved training ( HML strategy service)
  • Valid up to 2 years
  • Bring in a secondary applicant (HML settlement service)
  • 2nd applicant can work up to 20 hours per week
Professional Development - Subclass 470 visa Temporary Australia or Overseas
  • Undertake or participate in approved training ( HML strategy service)
  • Can stay up to 18 months
  • Can NOT bring in partner
Employer Nomination Scheme (ENS) - Subclass 856/121 visa Permanent Australia
  • Live and work on permanent basis ( HML strategy service)
  • Study in Australia ( HML settlement service)
  • Receive subsidised healthcare ( HML settlement service)
  • Obtain social security payments ( HML settlement service)
  • Become eligible for citizenship ( HML advisory service)
  • Sponsor people for permanent residency ( HML advisory service)
Regional Sponsored Migration Scheme - Subclass 857/119 visa Permanent Australia
  • Live and work on permanent basis ( HML strategy service)
  • Study in Australia ( HML settlement service)
  • Receive subsidised healthcare ( HML settlement service)
  • Obtain social security payments ( HML settlement service)
  • Become eligible for citizenship ( HML advisory service)
  • Sponsor people for permanent residency ( HML advisory service)


Your Obligations

Visa Program Temporary or Permanent Employer Business Location Obligations
Business (long stay) - Subclass 457 visa Temporary Australia or Overseas

Employer:

  • Cooperate with government inspectors till 5 year after ceasing sponsorship
  • Ensuring that employment terms and conditions are equivalent to what would be provided to an Australian Citizen (HML advisory service)
  • Meeting market salary rates (HML strategy service)
  • Keeping records (HML record keeping service)
  • Provide records and information to the government if requested
  • If required, pay for costs associated with sponsored persons leaving Australia
  • Ensuring employee sponsored does not work in a role other than the approved occupation (HML strategy service)
  • Not to recover certain costs from the sponsored person

Employee:

  • Department notification upon change of circumstances (HML record keeping service)
  • Meeting condition 8107 which restrict the type of work that can be taken (HML advisory service)
  • Covering health costs and maintain adequate health insurance (HML service providers)
Business (short stay) - Subclass 456 visa Temporary Australia or Overseas

Business Visitor:

  • Must have valid visa while in Australia (HML advisory service)
  • Not permitted to work unless in exceptional circumstances (HML strategy service)
  • Meet visa conditions as applicable
  • No repeat visits or long stays (HML strategy service)

Family Member:

  • Must have valid visa while in Australia
  • Cannot work
  • Limited study or training
Occupational Trainee - Subclass 442 visa Temporary

Employer:

  • Cooperate with government inspectors till 5 year after ceasing sponsorship
  • Keeping records per requirements (HML record keeping service)
  • Provide records and information to the government if requested
  • If required, pay for costs associated with sponsored persons leaving Australia
  • Ensuring primary sponsored applicant works or participates in nominated program (HML strategy service)
  • Not to recover certain costs from the sponsored person
  • Secure an accommodation offer with a reasonable standard (HML settlement service)

Applicant:

  • Participate fully in training and do not engage in work activities that impact participation
  • Covering health costs and maintain adequate health insurance (HML service providers)
  • Department notification upon change of circumstances (HML advisory service)
Professional Development - Subclass 470 visa Temporary

Australian Sponsor:

  • Cooperate with government inspectors till 5 year after ceasing sponsorship
  • Keeping records (HML record keeping service)
  • Provide records and information to the government if requested
  • If required, pay for costs associated with sponsored persons leaving Australia
  • Ensuring primary sponsored applicant works or participates in nominated program (HML strategy service)
  • Pay security bond

Overseas Employer:

  • Have a genuine intention to participate
  • Support overseas participants ( HML settlement service)
  • Advise the DIAC of changes and events
  • Pay the program costs, which they are liable under the agreement
  • Specify costs to be met by overseas participants ( HML strategy service)
  • Only invite participants who can meet the costs associated

Participants:

  • Comply with immigration law and visa conditions ( HML advisory service)
  • Advise the department of change in circumstances
  • Pay participation costs liable for under the agreement
  • Participate in the program
  • Maintain health insurance ( HML service providers)
Employer Nomination Scheme (ENS) - Subclass 856/121 visa Permanent

Employer:

  • Comply with Australian Standards
  • Comply with workplace legislation

Employee:

  • Comply with Australian Law
Regional Sponsored Migration Scheme - Subclass 857/119 visa Permanent

Employer:

  • Comply with Australian Standards
  • Comply with workplace legislation
  • Provide employment offer or contract as full time for 2 years in the specified regional area ( HML strategy service)

Employee:

  • Commence employment within time permitted ( HML settlement service)
  • Remain employed in the nominated position in the regional area for 2 years

Note:

The details above are for basic information purposes only and we do not recommend that you rely on this information in lieu of specific legal advice. We will not be liable for any loss incurred from persons/entities relying on this information. More comprehensive and specific information can be obtained by contacting us.