What is a business visitor visa activity in Australia? The country offers a stable economy, a pro-business environment, and a diverse range of industries. If you are planning to visit Australia for business purposes, you will need to apply for a business visitor visa.
A business visitor visa is a temporary visa that allows foreign nationals to visit Australia for short-term business activities. Business visitor activities may include attending conferences, negotiating business deals, or exploring business opportunities. However, business visitor visas do not permit work in Australia.
What if you intend to carry out short-term, non-ongoing, highly specialised work in Australia? If so you should apply for the Temporary Work (Short Stay Activity) visa (subclass 400). Read on to learn more about business visitor activity in Australia.
- A business visitor visa is a temporary visa that allows you to enter Australia for short-term business purposes.
- Permissible business visitor activities include attending conferences, negotiating or entering into a business contract, and undertaking research and development.
- You cannot work or provide services to a business or organisation in Australia on a business visitor stream.
- To apply for a business visitor visa, you must meet certain eligibility requirements.
Other Types of Business Visas
There are several business visitor visa options allowing business people to make a short-term business visit to Australia for up to three months. These include:
1. Visitor visa (subclass 600): This visa allows business people to make a short business visit to Australia for up to three months. Business visitor activities may include attending a conference, negotiating a business deal, or exploring business opportunities.
2. Electronic Travel Authority (ETA) (subclass 601): This visa allows people to conduct a business visitor activity in Australia. This visa is available to passport holders from certain countries.
3. eVisitor (subclass 651): This visa allows business people multiple entries for business visitor activities.
4. Business Innovation and Investment Visa (Subclass 188). This is a provisional business visa, which is issued to business people who wish to operate a business in Australia, and have been nominated by the Australian State or Territory government agency.
Business Visitor Activity in Australia: Permissible Activities
It’s important to highlight permissible activities in this article about business visitor activity in Australia. Such activities may include:
- Making general business or employment enquiries, such as identifying new opportunities, purchasing goods, establishing contact with Australian businesses, and attending business meetings.
- Investigating, negotiating, entering into, or reviewing business contracts.
- Participating in official government visits.
- Attending conferences, trade fairs, and seminars on an unpaid basis.
- Volunteering (This is usually done on a tourist visa, but it comes with strict rules)
However, there are some activities that are expressly excluded from the definition of business visitor visa activity, such as:
- Working for or supplying services to an organisation or person in Australia.
- Supplying services or directly selling goods to the public (retail).
- Entering the Australian labour market or the retail trade.
Are There Non-Permissible Activities?
It’s also important to set out non-permissible activities when talking about business visitor activity in Australia. Examples of activities that are not permitted include:
- Engaging in employment in Australia.
- Performing highly specialised work, even if there is a contractual arrangement.
- Making direct sales or supplying services to the general public.
- Providing training, system development, and/or post-sale implementation/support/maintenance.
- Delivering a presentation at a conference (or series of conferences) as part of a pre-negotiated contract that provides a material benefit to the visitor, such as a professional motivational speaker.
- Retail activities – making direct sales of goods or services to the Australian general public. This includes selling goods at a trade fair to the public.
- Domestic staff (for example, nanny) wanting to accompany their employer on a holiday to Australia to undertake their normal household duties.
- An artist selling paintings that are being promoted at a local gallery.
- An overseas lawyer participating in contract negotiations and providing unrelated legal advice. For example, regarding a criminal matter to a client, the first part is considered a business visitor activity, whereas the second part is work.
Business Visitor Activity in Australia: FAQs
Q: Can I extend my stay and conduct further business visitor activity in Australia?
A: It’s possible to stay in Australia for longer than 3 months on a business visitor visa. If this is the case, you must provide a strong business case with your application. The Department of Home Affairs (DHA) will assess your business case based on a number of factors, including:
- The nature of your business activities
- The benefits that your business activities will bring to Australia
- Your financial resources
- Your intention to leave Australia at the end of your stay
Q: What happens if I overstay my business visitor visa?
A: If you overstay your business visitor visa, you may be fined and/or deported from Australia.
Q: Can I work in Australia on a business visitor visa?
A: No, business visitor visas do not permit work in Australia.
Q: What’s the eligibility criteria to conduct business visitor activity in Australia?
A: To be eligible for a business visitor visa or to conduct business activities in Australia, you must meet the following criteria:
- Have a genuine reason to visit Australia for business visitor activities.
- Have enough money to support yourself during your stay in Australia.
- Meet health and character requirements.
- Have no outstanding debts to the Australian government.
You may also need to provide evidence of your business visitor activities, such as:
- An invitation letter from an Australian organisation; or
- Evidence of conference registration.
Do You Need Help Conducting Business Activity in Australia?
Seeking legal advice about visa applications is important for a number of reasons:
- An Australia business visitor visa can be complex and confusing, hence it is easy to make mistakes. A lawyer can help you to understand the application process and ensure that your application is complete and accurate.
- Visa officers can exercise discretion when deciding whether or not to grant a visa. A lawyer can help you present your case in the best possible light and increase your chances of success.
- If your visa application is refused, a lawyer can help you to understand the reasons for the refusal and advise you on your options for appealing the decision.
JB Solicitors is a reputable law firm with a team of experienced immigration lawyers who can help you with your business visitor visa application. They can provide you with comprehensive advice on the application process, the eligibility requirements, and the permissible activities.
Contact us today if you need to conduct business visitor activity in Australia.