Getting A Temporary Activity Visa (Subclass 408) As Staff Exchange?

Getting A Temporary Activity Visa (Subclass 408) As Staff Exchange?

Your Complete Guide To The Temporary Skill Shortage

The Temporary Activity Visa (Subclass 408) covers some stream for temporary entrants:

  • Invited Participant in an event
  • Sport
  • Religious Worker
  • Domestic Worker (Executive)
  • Superyacht Crew
  • Research
  • Staff Exchange
  • Special Program
  • Entertainment
  • Australian Government Endorsed Event

In this article, we will address what the Department of Home Affairs (DOHA) requires for the Temporary Activity 408 visa stream, staff exchange.

Staff Exchange 

Who is eligible?

The Temporary Activity 408 visa has a staff exchange stream. Under this stream, a skilled person can work in Australia if there are a genuine arrangement and reciprocal employment for an Australian resident to work overseas.

It is a valuable exchange stream that enables Australian staff to gain overseas experience with different organisations. Sadly, this opportunity not available to contractors or individuals with casual employment.

There are three critical requirements under this stream;

  1. The applicant must be a skilled person with a genuine exchange arrangement;
  2. There is a ‘reciprocal’ employment placement for Australian residents;
  3. Overseas employment is for an organisation, promoting international understanding and cooperation.

This visa is not a way to avoid the employment requirements under the Temporary Work (Skilled) visa (subclass 482). It is merely an opportunity to provide staff to gain overseas work experience.

Skilled Position Clause 

Under Migration law, there is no definition of ‘skilled.’ Delegates will, therefore, use a government agency, called ANZSCO (Australian and New Zealand Standard Classification of Occupations) to help determine whether an occupation is skilled or not. They may consider:

  • The skill level of an applicant. Whether it is a level 1, 2 or 3; and
  • The duties and current skills in their current occupation.

The benefit of the Exchange 

The exchange must equally benefit both the visa applicant and the Australian exchange participant.

An example:

  • Equal benefit: both applicants participate in enhancing their occupational skills. Delegates will be satisfied.
  • Not equal benefit: One party participates in enhancing their occupational skills. The other party participates but does the same thing, and no enhancement is made on their occupational skills.

Sponsor and Supporter 

Individuals who applied outside and their proposed length did not exceed three months; the first organisation passes the sponsorship. They do not need to worry about this! However, if they apply while they are in Australia or intend to stay for more than three months, the first organisation needs to pass the sponsorship test.

Written Agreement 

A written agreement must be present between the first organisation and the reciprocating foreign organisation. That is:

  • The visa applicant who is going to work in Australia and the period; and
  • The Australian applicant who is going to work overseas.

The arrangement between the two parties does not have to be either identical in their employee’s skills, experiences or period. The parties do not also need to have the same duties or availabilities.

Once you have completed all that is required, under this visa stream you can:

  • Stay in Australia up to two years
  • During the two years, the visa holder can travel to and from Australia as many times
  • Participate in staff exchange with an Australian organisation
  • Family members can be added to the application

Are you looking to a staff exchange? We understand that it might be quite complicated and are here to help. Call +61 2 8054 2537, 0434 890 199 or book online today to speak to our migration specialists.