1. What is Temporary Residence?

Many people enter Australia on a temporary basis, whether as visitors, students or for a range of specialized purposes under the Temporary Residence program. Temporary Residence is the right to live and/or work in Australia for a limited time, or the right to live in Australia in retirement.

The focus of the Temporary Residence program is on the areas of skilled employment, social/cultural benefit, and international relations. In all cases the programs are designed to allow overseas people to come to Australia for specific purposes which will result in some benefit to the Australian community:

• people with specialist skills, such as managers, academics and medical practitioners,
• people who make a social or cultural contribution to the community, such as entertainers, media and film staff, sports people, religious workers, visiting academics and public lecturers, and
• people who contribute to the development of international relations, such as diplomatic personnel, participants in exchange programs and working holiday makers.

See: Working in Australia

2. What is the difference between Permanent Residence and Temporary Residence?

Permanent residents have the right to live and work permanently in Australia.

Temporary residents are allowed to stay in Australia for the time specified in their visa. They must depart the country, or apply for a new visa before their visa expires. Temporary residents are required to pay taxes on income earned in Australia. They do not have access to social welfare benefits or national public health cover.

3. What health examinations are needed for temporary residence?

If you are intending a temporary stay in Australia, you are required to declare your health status on your visa application form. In certain circumstances, you may be asked to provide a doctor's report or undertake a medical and/or radiological examination.

This may include where you are:

• likely to enter a hospital or other health care environment, including nursing homes as either a patient, visitor, trainee or employee,
• likely to enter a classroom environment, including preschool, créche and child care situations,
• known or suspected of having a medical condition, regardless of your length of stay,
• intending to stay in Australia for more than 12 months, or
• intending to stay in Australia for more than 3 months, and you have recently visited or lived in a country with a Very High-risk rate of tuberculosis (TB).

See:
Health examinations - frequently asked questions
Form 1163i, Health requirement for temporary entry to Australia (PDF* file, 30kb)

* PDF files require the Adobe Reader on your computer.
See: Using PDF Files

4. Why are character checks required to enter/stay in Australia?

See:
Character checks - frequently asked questions
Fact Sheet 79, The Character Requirement

5. Who can be a sponsor?

Any business which is a lawfully operating entity in Australia, who needs to recruit non-resident temporary personnel and who will be offering employment to the person can be a sponsor. The sponsor must be the direct employer of the visa holder and be able to meet the sponsorship undertaking.

6. What is the sponsorship undertaking?

The sponsor must sign an undertaking at the end of the sponsorship application form. The undertaking is provided to support the principle that the entry of temporary residents should not result in financial cost to the Australian community. The sponsor must agree to accept responsibility for:

• all financial obligations to the Commonwealth incurred by the applicant arising out of their stay in Australia. This could include medical costs, or travel costs if repatriation became necessary and the employee was unable or unwilling to pay for the costs involved. It does not include personal debts that the visa holder may owe,
• compliance by the applicant with all relevant legislation and awards in relation to any employment entered into by the applicant in Australia,
• compliance by the applicant with the conditions under which the nominee was allowed to enter Australia.

7. Why do I need to labor market test?

When considering applications, the department is not looking for evidence that the applicant is the preferred employee. Rather, it is looking that no suitably-qualified Australian citizen or permanent resident is readily available to fill the position.

Several temporary visa categories may require labor market testing to establish that the required skills are not readily available in Australia:

• Education visa,
• Medical Practitioner,
• Sport (may be requested),
• Domestic worker for overseas executive (may be requested).

8. What does labor market testing involve?

Employers must provide documentary evidence of having tested the labor market before lodging a sponsorship application. The labor market testing must have been done in the six months immediately before the application is lodged. The employer must:

• lodge the position as a vacancy with a job placement provider for national listing for a minimum of four weeks during the eight weeks before lodging the application, or
• obtain a waiver of this requirement from a job placement provider.

and

• advertise the vacancy in a Saturday and a weekday edition of both a metropolitan and a national daily newspaper-a total of 4 separate advertisements, or
• if the businesses is outside major metropolitan areas, advertise the vacancy at least once in both the Saturday edition and a weekday edition of both a major local or regional and a national daily newspaper - a total of 4 separate advertisements, or
• advertise through professional or trade journals and, where appropriate, internet or local community language newspapers. Where vacancies are lodged on the internet, they should be placed on specialist employment placement and recruitment websites.

Advertisements for a vacancy must:

• accurately reflect duties, salary and other benefits. The proposed salary must reflect current Australian market rates and employment conditions, and
• be prominently displayed to attract the best possible response, and
• describe the position in a way that does not discourage Australian citizens or permanent residents from applying for the position.

When labor market testing is complete, the employer must provide, with the sponsorship, original advertisements and details of all local applicants including whether they are Australian permanent residents and the reason for their non-suitability.

9. What if my application is unsuccessful?

Most decisions made in Australia can be reviewed, as well as a number made overseas (usually where a sponsor, applicant or close family member is involved).

When you are notified of a decision to refuse your application, you will be advised as to whether you may seek a review of the decision made and the time you have to do so. The review in each case will be a review of the merits of the decision.
See: Appeals/reviews - frequently asked questions

10. I have a temporary visa and have changed my employer or occupation. What do I do now?

The work condition on your visa does not allow you to change employer or occupation. The prospective employer will be required to be an approved sponsor and the new position must be skilled.

If you are considering changing, or have already changed employer or occupation, you should contact the department immediately to discuss the matter.

11. I have a four-year temporary visa but my employer no longer needs me. What are my options?

The work condition on your visa does not allow you to change employer or occupation. If your employment with your original employer has finished earlier than the validity of your visa, you should make arrangements to leave Australia without delay.

If you wish to continue to work in Australia, and you have another employer prepared to sponsor you, you should lodge a new application immediately. If no offer of employment is forthcoming or the prospective employer is not approved as a sponsor, your visa may be cancelled and you may be required to leave Australia immediately.

You may not start work for a new employer until you have your new visa, or until the department advises you that you may do so.