New Department of Immigration and Border Protection updates

The Department of Immigration and Border Protection (DIBP) has introduced several updates which we have summarised below:

Subclass 457 – Condition 8107

Currently, condition 8107 compels 457 workers to remain employed with their current sponsor throughout the duration of their visa. If the worker resigns or position terminated, they have 90 days to locate a new employer or make arrangements to depart Australia.

This will be reduced to 60 calendar days for 457 visas granted on or after 19 November 2016.

Subclass 400 (Temporary Work – Short Stay) – Fee Increase

As DIBP consolidates various temporary visas to streamline the application process, a uniform fee will apply to certain visas.

From 19 November 2016 onwards, the base application fee for a Subclass 400 visa will increase to $275 from the current fee of $175.

The purpose and requirements for the 400 visa remains the same.

Introduction of the Entrepreneur stream visa – Subclass 188

In support of the National Innovation & Science Agenda, DIBP has introduced the Entrepreneur visa to attract entrepreneurs who intend on developing or commercialising their innovative ideas in Australia.

Key requirements are candidates must less than 55 years of age, have ‘competent English’ and will receive funding for at least A$200,000 from a Commonwealth Government agency, State Government, publicly funded research organisation, an investor registered with the Australian Venture Capital Limited or a higher education provided.

The commercialisation must not be related to residential real estate, labour hire or purchase of an existing business in Australia.

Dependent Children Definition

DIBP will update the way it defines a ‘member of a family unit’ by adjusting the upper age limit to 23 years (from the current 18) for children or step-children unless they are incapacitated for work. The result of this is any child under 23 is automatically taken to be dependent on the main applicant which will streamline the application process as evidence of financial dependency is not required. This change will apply to visas lodged on or after 19 November 2016.

This update will not apply to Protection, Humanitarian or Refugee visa applicants.

Introduction of the Frequent Traveller Tourist Visa – Subclass 600

A new Frequent Traveller tourist visa will be introduced on 19 November 2016. The visa will be valid for up to 10 years allowing multiple entries and three-month stay periods on each entry with no more than 12 months cumulative stay in a 24 month period.

For now, this visa is only available to Chinese nationals and will allow them to travel for business visitor activity or tourism purposes.

The fee for this visa is A$1,000.


Mark Dunphy

Mark is an employment lawyer experienced in litigious and non-litigious applications of employment and industrial relations law.

Kristopher Kunasingam

Kristopher leads the firm's migration practice. He specialises in employment-related migration to Australia.

Related practices

You might be also interested in...

Migration Services | 26 Mar 2017

Änderungen des 457 Arbeitsvisums

Die australische Regierung hat am 18.04.2017 eine bedeutende Änderung des 457 Arbeitsvisums bekannt gegeben.

Migration Services | 19 Apr 2017

Changes to the work visa program

The Federal Government yesterday announced significant changes to the work visa program in Australia.