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Visiting Academic Subclass 419 Visa

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.

If an affiliate is a professional academic from overseas who has been invited to Australia by the University to observe or participate in an Australian research project because of a significant record of achievement in their field, they will need to apply for a subclass 419 visa.

For more information on this visa option, visit the Department of Immigration and Citizenship website.

For specific information on engaging an academic as an affiliate for short, repeated periods during the year, to provide flexibility to both the academic and the faculty/unit, click here .

FAQs

What does the subclass 419 visa allow an affiliate to do?

A subclass 419 visa holder is allowed to:

  • observe or participate in an established Australian research project
  • teach or guest lecture on an informal basis (provided it is not the main purpose of the stay, not part of a course syllabus and remains incidental to their research)
  • receive a contribution towards their living expenses (see below)
  • bring any eligible secondary applicants to Australia (see below)
  • leave and enter Australia as many times as they wish while the visa is valid
  • stay in Australia for as long as the visa is valid.
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How much can the University contribute to the affiliate’s living expenses?

The Department of Immigration and Citizenship has limited the value of the living assistance which can be provided to affiliates by the University. The maximum contribution to living expenses for each subclass 419 visa holder is approximately $29,000 (at August 2011); however, this amount may alter on an annual basis. However, the affiliate is eligible to receive additional funds through overseas salary payments, grants and/or personal funding.

The University may provide an allowance, which may cover travel, living and accommodation expenses, in the form of a reimbursement on presentation of receipts by the faculty/unit. All affiliates who receive an allowance will have to complete a Living Away From Home Declaration. Find out more about the Living Away From Home Allowance.

Any allowance paid may be taxable in the visiting academic’s home country and they are recommended to seek advice on the likely tax implications of any payments made to them associated with their affiliation with the University.

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What are the requirements for the nomination of family members and other dependants?

The University may extend sponsorship to any spouse or interdependent partner, dependent children of the main visa applicant or dependent children of the main visa applicant’s spouse or interdependent partner. Sponsorship will enable family members to work and study whilst they are located in Australia.

Where sponsorship is undertaken for secondary applicants, the University has certain obligations. We strongly recommend that you discuss extending sponsorship to family members with the visiting academic early in the negotiation stage to ensure that both the University and the visitor are clear on whether family members will be sponsored or not. This information will be need to be included on the Conferred Academic Title Nomination Form.

The Department of Immigration and Citizenship will require the visiting academic to provide satisfactory evidence of long term relationships and/or financial support for all accompanying family members at the visa application stage.

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What is the subclass 419 visa holder not allowed to do?

The subclass 419 visa holder is not allowed to:

  • receive any payment from the University (other than a contribution towards living expenses)
  • lecture or teach on a regular basis or as part of a course syllabus
  • undertake a period of study whilst on this visa
  • undertake work or work experience (unless specifically authorised by the Department of Immigration and Citizenship), or
  • undertake work for another organisation.
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How long can the visa be granted for?

The subclass 419 visa may be valid for up to 12 months.

If the affiliate has not completed the collaboration or requires an additional affiliation period, they may apply for a second subclass 419 visa. Both the University and the affiliate must again meet the eligibility requirements.

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How long does it take to get the subclass 419 visa?

Processing for the subclass 419 visa occurs in Australia for the Employer Nomination, whilst the visa application is processed at the affiliate’s nearest Australian embassy/consulate. Find out more about processing times on the Department of Immigration and Citizenship website.

You should allow an additional month for the processing of the Employer Nomination application, which must be prepared, lodged and approved prior to submission of the visa application.

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How far in advance should I complete the documentation for an affiliation?

To enable sufficient time for the full process to be completed we strongly recommend that commencement dates are set no earlier than four months 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.

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What are the University's obligations during the affiliation period?

The subclass 419 visa is a sponsored visa, which means the University must first seek approval from the Department of Immigration and Citizenship to sponsor a subclass 419 visa holder for the activities that the academic will perform.

As a sponsor, the University is required to meet certain obligations. View the full list of the University's obligations on the Department of Immigration and Citizenship website.

Notification of certain events
To assist the Immigration and Relocation Team to monitor visiting academics and facilitate compliance with the University’s obligations, we require you to notify the team if any of the following situations occur:

  • the affiliate fails to commence the affiliation on the date approved in the Conferred Academic Title Nomination Form
  • the affiliate fails to participate in the activities for which they were nominated to participate or the activities they do participate in are different from those notified on the Conferred Academic Title Nomination Form, or
  • the affiliate completes their activities earlier than the approved date.
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What are the penalties if the University’s obligations are not met?

If the Department of Immigration and Citizenship believes that the University is not complying with its obligations, the University will be issued with a breach notice. 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 employees under the Visiting Academic Subclass 419 visa 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.
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What are the conditions applicable for subclass 419 visa holders?

The visa grant notice issued to the subclass 419 visa holder will outline the visa conditions applicable to the individual. List below is some information to help prepare the visa applicant.

Affiliates holding a subclass 419 visa must comply with the following conditions:

8103 - This visa does not allow a visiting academic to be employed and therefore the holder must not receive salary in Australia.

8107 - The affiliate must not engage in an activity inconsistent with the activties in relation to which the visa was granted.

8501 - The visa holder is responsible for obtaining and maintaining adequate health insurance for themselves and any dependants for the duration of their stay in Australia. The University will require the affiliate to provide evidence that adequate health insurance has been obtained prior to commencement of the affiliation. Travel insurance does not provide adequate health cover for the purposes of obtaining and maintaining a subclass 419 visa.

Any one or or more of these conditions may be imposed:

8106 - The visa holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.

8107 - The visa holder must not engage in an activity inconsistent with the activity in relation to which the visa was granted.

8301 - After entry to Australia, the visa holder must satisfy relevant public interest criteria before the visa ceases.

8303 - The visa holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8502 - The visa holder must not enter Australia before the entry to Australia of a person specified in the visa.

8503 - The visa holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

8516 - The visa holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

8522 - The visa holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria; and
(b) of whose family unit the holder is a member.

8525 - The visa holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8526 - The visa holder must notify the Department of Immigration and Citizenship in writing, not earlier than seven (7) days before the date the visa ceases to be in effect, and not later than that date, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

More information on health insurance requirements.

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