Business Law Report: Analyzing Australian Work Visa Sub-classes

This report provides an overview of several Australian work visa sub-classes, including the Temporary Graduate visa (Subclass 485), Temporary work (International Relations) visa (Subclass 403), Temporary Work (Short Stay Specialist) Visa (Subclass 400), Temporary Work (Skilled) visa (Subclass 457), and Training Visa (Subclass 407). It details the features, limitations, and extension rules for each visa type, highlighting the legal provisions governing Australian immigration as outlined in the Migration Act 1958 and Migration Regulations 1994. The report also touches upon recent amendments and emphasizes the importance of uniform rules to ensure a systematic approach to visa applications and management by the Australian government, aiming to protect both national and international interests. The report is well-structured and includes references to relevant sources.

Running head: BUSINESS LAW
Sub-classes of work visa
Name of the student:
Name of the university:
Author note

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Table of Contents
Introduction:...............................................................................................................................3
Temporary Graduate visa (Subclass 485)..................................................................................3
Features:.................................................................................................................................3
Limitation:..............................................................................................................................3
Extension rule:........................................................................................................................3
Temporary work (International Relations) visa (Subclass 403):...............................................4
Features:.................................................................................................................................4
Limitation:..............................................................................................................................4
Extension rule:........................................................................................................................4
Temporary Work (Short Stay Specialist) Visa (Subclass 400):.................................................4
Features:.................................................................................................................................4
Limitation:..............................................................................................................................5
Extension rule:........................................................................................................................5
Temporary Work (Skilled) visa (Subclass 457).........................................................................5
Features:.................................................................................................................................5
Limitation:..............................................................................................................................5
Extension rule:........................................................................................................................5
Training Visa (Subclass 407):....................................................................................................6
Feature:...................................................................................................................................6
Limitation:..............................................................................................................................6

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Extension rule:........................................................................................................................6
Legal rules:.................................................................................................................................6
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................8

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Introduction:
Immigration plays a major role in Australia and it is one of the greatest economic
assets of Australia. Many people from different backgrounds are coming to this country for
different purposes and the country has been providing all necessary facilities to the migrants.
There is a migration authority who is governing the whole system and numbers of visas are
generated to this aspect. In this report, features of certain visas are prescribed and certain
legal provisions are stated therefore.
Temporary Graduate visa (Subclass 485)
Features:
This visa has been provided to the international students (Corcoran et al. 2017).
However, that student must have a graduation degree from any Australian University. This
visa has two streams such as graduate work stream and post-study stream. This visa allows a
student to continue his work after pursuing graduation degree on temporary basis.
Limitation:
Only the student who has completed his graduation course from any Australian
University recently can apply for the visa. He should have qualification regarding CRICOS
course. In case of Graduate stream, the applicant could not stay in Australia for more than 18
months. In case of Post-study work stream, the maximum stay period is four years.
Extension rule:
The time period under such visa can be extended if the student can prove him as
eligible enough to get a permanent or provisional skilled visa and for that purpose, he must
have to pass the character test.

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Temporary work (International Relations) visa (Subclass 403):
Features:
Application for this visa can be approved in the presence of any bilateral agreement
with the government. The visa holder allows representing an international government or
allows a person to deliver lecture in foreign language (Berg 2015). There are five streams
under this visa such as government agreement stream, foreign government agency stream,
domestic worker stream, privileges and immunities stream and seasonal worker program
stream.
Limitation:
In case of Government Agreement stream, the maximum period of staying is 2
years; in case of Foreign Government Agency stream, maximum period is 4 years; the period
for privileges and Immunities stream depends on the government policy; the period for
Seasonal Worker stream is limited up to 7 months.
Extension rule:
The terms of government agreement stream is depending on the terms of the
agreements and in case of any diverse condition, the terms can be extended.
Temporary Work (Short Stay Specialist) Visa (Subclass 400):
Features:
This visa is given for conducting short tour to Australia and in case of taking
participation in any activities in any provinces of Australia (Homeaffairs.gov.au, 2018).
However, one must acquire support or invitation from the respective institution for the short

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tour. Further, it should be proved by the applicant that he has that grade of knowledge on
particular subject that is quite rare in Australia.
Limitation:
In general, the applicant gets staying order of three months under this visa.
Extension rule:
In case of any urgent situation, the maximum period for stay is six month.
However, the applicant must have cleared the character test and all the members of the
applicant’s team should meet the age of 18 years.
Temporary Work (Skilled) visa (Subclass 457)
Features:
This visa allows an eligible worker to come in Australia for working on behalf of
their sponsor (Wright and Constantin 2015). However, the job should be enlisted under the
chart of skilled occupation and the occupier must have all the requirements and have a good
knowledge in English.
Limitation:
The applicant can, under this visa, stay for a period of 4 years.
Extension rule:
In case of extend the staying terms of the visa; the applicant must make an
application before immigration authority.

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Training Visa (Subclass 407):
Feature:
This visa allows the applicant to take part in any training program in Australia so
that the personal skill of the trainee can be enhanced (Homeaffairs.gov.au, 2018). The
training can be encompassed the professional or tertiary program. However, if the applicant
has n intention to stay in Australia on completion of the training, plea or this visa will not be
allowed.
Limitation:
The applicant will get permission to stay in Australia or a maximum period of two
years.
Extension rule:
In case of any time extension, permission from the Immigration Case Officer is
required. if he thinks fit, he may extend the term from six months to two years.
Legal rules:
Immigration plays an important role in Australia and there are different authority
deals with this subject. The rules of visa are prescribed by Migration Act 1958 and Migration
Regulations 1994 (Australia.gov.au, 2018). Both the Act and Regulation are governed by the
Department of Immigration and Border Protection. Apart from these, an amended provision
has been enacted in 2016 to deal with the temporary activity visa.

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Conclusion:
It can be stated that visas are an important subject in Australia as many students or
people come in various provinces of Australia and many application have been made before
Department of Border and Immigration. Therefore, uniform rules must be adopted by the
government for making a systematic approach. The above mentioned sub-class visas are
important in nature and all the conditions of the visa should be maintained by Australian
government to secure the interest of state as well as the international policies.

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Reference:
Australia.gov.au. (2018). Immigration and Visas | australia.gov.au. [online] Available at:
https://www.australia.gov.au/information-and-services/immigration-and-visas [Accessed 14
Jan. 2018].
Berg, L., 2015. Migrant Rights at Work: Law's Precariousness at the Intersection of
Immigration and Labour. Routledge.
Corcoran, J., Rowe, F., Faggian, A. and Stimson, R.J., 2017. The impacts of policy changes
on overseas human capital in Australia The implementation of the 485 graduate visa
scheme. Applied Spatial Modelling and Planning, 19, pp.33-53.
Homeaffairs.gov.au. (2018). Temporary Work (Short Stay Specialist) visa (subclass 400).
[online] Available at: https://www.homeaffairs.gov.au/trav/visa-1/400- [Accessed 14 Jan.
2018].
Homeaffairs.gov.au. (2018). Training visa (subclass 407). [online] Available at:
https://www.homeaffairs.gov.au/trav/visa-1/407- [Accessed 14 Jan. 2018].
Wright, C.F. and Constantin, A., 2015. An analysis of employers’ use of temporary skilled
visas in Australia. Submission to the Senate Education and Employment References
Committee Inquiry into the Impact of Australia’s Temporary Work Visa Programs on the
Australian Labour Market and on the Temporary Work Visa Holders.

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