Temporary Business (Short Stay) visa - subclass 456, 651, 956 or 977
If you would like to invite a visitor to the University for collaboration purposes and you do not wish to employ them, they may fall into the category of an affiliate. The University has implemented an Affiliates Policy which outlines the requirements for a visitor to be considered an affiliate of the University. More information can also be found in the Conferring of all Academic Titles Policy.
Unless the affiliate meets stringent eligibility criteria, they will be required to obtain a subclass 419 visa (if they are a visiting academic) or a subclass visa 442 visa (if they are an occupational trainee).
For more information, read the Visa and Work Rights Policy.
However, if visitors to the University, or affiliates, will be engaging in defined activities for less than six weeks, they may be eligible for a Temporary Business Short Stay visa. There are three Temporary Business Short Stay visa options:
- Temporary Business Short Stay – subclass 456
- Electronic Travel Authority (ETA) – subclass 977 and/or subclass 956
- eVisitor – subclass 651.
The citizenship of the affiliate will determine which visa subclass they are eligible to apply for and how they apply. For more information on each visa subclass, visit the Department of Immigration and Citizenship website.
FAQs
- What does the Temporary Business Short Stay visa allow an affiliate to do?
- What are the limitations on the activities performed by a Temporary Business Short Stay visa holder?
- How much can the University contribute to the affiliate's living expenses?
- What is a Temporary Business Short Stay visa holder not allowed to do?
- How long can the visa be granted for?
- How long does it take to get the Temporary Business Short Stay visa?
- How far in advance should I complete the documentation for an affiliation?
- What are the University's obligations during the affiliation period?
- What are the penalties if the University allows non-compliant activities to be performed by the affiliate?
- What are the conditions applicable to the Temporary Business (Short Stay) visa holder?
What does the Temporary Business Short Stay visa allow an affiliate to do?
Holders of a Temporary Business Short Stay visa are eligible to attend informal studies and training for limited periods of time during the validity of their visa.
Temporary Business Short Stay visa holders who are not undertaking informal studies or training are eligible to participate in the following activities:
- attend conferences, seminars or meetings
- guest lecture for a maximum of six weeks, or
- observe or participate in research for less than six weeks.
What are the limitations on the activities performed by a Temporary Business Short Stay visa holder?
With the exception of informal studies and training, it is important to note that the affiliate may participate in the above activities for a maximum period of six (6) weeks only.
If an affiliate is invited to attend the University for a period in excess of six (6) weeks, the University should ensure that they apply for a sponsored visa.
How much can the University contribute to the affiliate's living expenses?
There are no limitations on the level of financial support which can be provided by the University.
What is a Temporary Business Short Stay visa holder not allowed to do?
A Temporary Business Short Stay 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 reflects the mandatory visa condition 8112 which is placed on all Temporary Business Short Stay visas.
In the context of condition 8112, the Department of Immigration and Citizenship defines "work" as any activity that would normally attract remuneration in Australia. Work is work even if:
- the person is not “employed” in Australia, and/or
- the person is not paid for the activity.
There are several very specific and limited circumstances where work may be allowed. You should contact the Immigration and Relocation Team if you wish to discuss whether your proposed affiliate may comply with the acceptable “work” definition.
How long can the visa be granted for?
Temporary Business Short Stay visas are generally granted for a period of 12 months, however, the visa holder is permitted to stay in Australia for a maximum of three (3) months on each separate visit, within the visa validity period.
These visa subclasses generally enable affiliates to come to Australia for multiple visits, within the visa validity period.
How long does it take to get the Temporary Business Short Stay visa?
Subclass 456 visa applications
Processing of paper subclass 456 visas is completed at the affiliate's nearest Australian embassy/consulate. Further information on the current processing times should be sought from the relevant embassy or consulate.
Electronic visas
These visas do not undergo the same level of processing as sponsored visa applications do, so the processing time is generally much quicker, sometimes within 24-48 hours.
How far in advance should I complete the documentation for an affiliation?
To enable sufficient time for the visa process to be completed we strongly recommend that commencement dates are set no earlier than one month after the date of the Dean’s sign off.
This will offer a good chance that the visa will be issued in time for the proposed commencement and allow the affiliate some time to make flight arrangements and prepare for their travel.
What are the University's obligations during the affiliation period?
As the Temporary Business Short Stay visas are not sponsored visa subclasses the University does not have any obligations to meet.
However, if the University allows an affiliate to perform activities which are not permitted within the Temporary Business Short Stay visa framework, the University may be subject to penalties in accordance with the applicable legislation.
What are the penalties if the University allows non-compliant activities to be performed by the affiliate?
It is a criminal offence for an employer to knowingly or recklessly allow a temporary visa holder to work in breach of a work condition on their visa. The consequences of a breach notice may include any of the following sanctions:
- up to two years’ imprisonment or a fine of up to $66,000 per breach
- suspension of the University from nominating any overseas visitors or employees for a specified period of time
- cancellation of the business sponsorship agreement; and/or
- cancellation of the visas of any staff member and their accompanying family members.
What are the conditions applicable to the Temporary Busienss (Short Stay) visa holder?
Affiliates holding a Temporary Business Short Stay visa must comply with all conditions and obligations placed on their visa.
The visa grant notice will outline all of the conditions applicable to the individual.
Visit the Department of Immigration and Citizenship website for information on the conditions applicable to the different subclasses: Temporary Business (Short Stay) subclass 456; eVisitor subclass 651; and Electronic Travel Authority (ETA) - subclass 956/977.
