VISITING ACADEMIC VISA (SUBCLASS 419)

The Visiting Academic visa (subclass 419) closed to new applications on 24 November 2012. However, individuals who are interested in this visa may still be eligible to apply for a Temporary Activity visa (subclass 408).

VISA HOLDERS

If you have already been granted a Visiting Academic visa (subclass 419), it is important to understand your rights and obligations. You can easily check your visa details and entitlements for free using Visa Entitlement Verification Online (VEVO).

WHAT THIS VISA LETS YOU DO

With the Visiting Academic visa (subclass 419), you have the following privileges:

• Enter Australia at any time after your visa is granted
• Stay in Australia for the duration specified in your visa
• Engage in the research or activity mentioned in your visa application
• Bring your eligible family members with you

YOUR OBLIGATIONS

As a visa holder, it is crucial that you and your family comply with all visa conditions and Australian laws. Your obligations include:

• Maintaining adequate health insurance while in Australia
• Working only in the position for which your visa was granted
• Engaging in activities consistent with those specified in your visa application
• Remaining employed by the sponsoring organization and not taking up other employment
• Seeking alternative sponsorship if your employment or training ceases
• Obtaining permission from the Secretary before receiving a salary

BRINGING FAMILY

If you want your family members to join you in Australia, they can apply for a Training and Research visa (subclass 402). In their application, they must include a letter from your sponsor, agreeing to sponsor them.

REPORT CHANGES IN CIRCUMSTANCES

It is important to promptly report any changes in your circumstances, such as a new residential address, a new passport, or significant life events like pregnancy, birth, divorce, separation, marriage, de facto relationship, or death in your family. You can report these changes through ImmiAccount or by using the appropriate forms if you are unable to access ImmiAccount.

Failure to provide details of any new passport issued to you may result in significant delays at the airport and potential denial of permission to board your plane.

SPONSORS

If your organization applied to be a visiting academic sponsor under the Visiting Academic visa (subclass 419) before 24 November 2012, the following information is relevant to you:

• You cannot apply to be a Visiting Academic sponsor anymore, as it is no longer open to new applications.
• You can use your existing sponsorship approval to sponsor new applicants under the Training and Research visa (subclass 402) until the sponsorship approval ends.
• When your sponsorship approval ends, you will need to lodge a new application as a Training and Research sponsor if you wish to sponsor anyone else.
• It is recommended to apply for approval at least two to three months before your existing sponsorship approval ends.

HOW LONG THE SPONSORSHIP LASTS

The sponsorship for the Visiting Academic visa (subclass 419) is valid for up to three years from the date of approval.

SPONSOR OBLIGATIONS

As a sponsor, you are required to comply with various obligations, including:

• Cooperating with inspectors appointed under the Migration Act 1958
• Providing records and information to the Minister when requested
• Not recovering, transferring, or charging certain costs to another person
• Ensuring the visa holder works in their nominated occupation, program, or activity
• Paying travel costs to enable sponsored people to leave Australia
• Paying costs to locate and remove an unlawful non-citizen
• Securing an offer of a reasonable standard of accommodation

It is important to note that you are responsible for meeting all sponsor obligations, even if you have authorized someone else, such as a migration agent, to act on your behalf.

COOPERATE WITH INSPECTORS

As a sponsor, you must cooperate with inspectors appointed under the Migration Act 1958. This includes providing access to premises, producing and providing documents within requested timeframes, and allowing officers to interview relevant individuals on your premises.

KEEP RECORDS

You must keep records that demonstrate your compliance with sponsor obligations. These records must be kept in a reproducible format and some may need to be verified by an independent person. It is important to keep records of any notifications made to the Department of Home Affairs, including the date and method of notification.

PROVIDE RECORDS AND INFORMATION TO THE MINISTER

If requested by a departmental officer, you must provide records or information related to your sponsorship obligations and any other matters relevant to your sponsorship of visa holders. This obligation starts on the day the sponsorship is approved or work agreement commences and ends two years after your sponsorship or work agreement ceases.

TELL US WHEN CERTAIN EVENTS OCCUR

It is your responsibility to inform the Department of Home Affairs in writing when certain events occur, such as a primary sponsored person failing to participate in the nominated activity or changes to your address and contact details. This obligation starts on the day the standard business sponsorship is approved or the work agreement commences and ends two years after your sponsorship or work agreement ends.

WHERE TO SEND A NOTICE OF AN EVENT OR CHANGE

Notices of events or changes should be sent by email or registered post to the specified addresses listed below, depending on your location:

• Australian Capital Territory: Sponsor Monitoring, GPO Box 717, Canberra ACT 2601
• New South Wales: Sponsor Monitoring, GPO Box 9984, Sydney NSW 2001
• Queensland: Sponsor Monitoring, GPO Box 9984, Brisbane QLD 4001
• Northern Territory: Sponsor Monitoring, GPO Box 864, Darwin NT 0801
• South Australia: Sponsor Monitoring, GPO Box 2399, Adelaide SA 5001
• Tasmania: Sponsor Monitoring, GPO Box 794, Hobart TAS 7001
• Victoria: Sponsor Monitoring, GPO Box 241, Melbourne VIC 3001
• Western Australia: Sponsor Monitoring, Locked Bag 7, Northbridge WA 6865

ENSURE THAT THE VISA HOLDER PARTICIPATES IN THE NOMINATED OCCUPATION, PROGRAM, OR ACTIVITY

As a sponsor, it is your responsibility to ensure that the visa holder only engages in the occupation, program, or activity for which they were nominated. If you wish to engage the visa holder for a different occupation, program, or activity, a new nomination application must be lodged.

NOT RECOVER, TRANSFER, OR CHARGE CERTAIN COSTS TO ANOTHER PERSON

You are prohibited from taking any action that would result in the transfer or charging of costs, including migration agent costs, to another person. This includes costs related to recruitment or becoming a sponsor. This obligation starts on the day the sponsorship is approved or the work agreement commences and ends when you cease to be an approved sponsor or no longer have a sponsored visa holder.

PAY TRAVEL COSTS TO ENABLE SPONSORED PEOPLE TO LEAVE AUSTRALIA

As a sponsor, you must pay reasonable and necessary travel costs to enable the sponsored person and their family members to leave Australia. These costs must be paid within 30 days of receiving a written request from the sponsored person or the Department of Home Affairs. The costs should cover travel from their usual place of residence in Australia to their place of departure and to their home country.

PAY COSTS TO LOCATE AND REMOVE AN UNLAWFUL NON-CITIZEN

If a sponsored person becomes an unlawful non-citizen, you may be required to pay the costs incurred by the Commonwealth in locating and/or removing them from Australia. This obligation starts on the day the person you sponsored becomes an unlawful non-citizen and ends five years after they leave Australia.

SECURE AN OFFER OF A REASONABLE STANDARD OF ACCOMMODATION

If you sponsor someone to work for you as a volunteer or participate in a professional development program, you must secure an offer of a reasonable standard of accommodation in Australia. This includes meeting fire, health, and safety regulations, providing 24-hour access, offering meals or self-catering kitchen facilities, maintaining cleanliness, providing adequate laundry facilities, and ensuring privacy and secure storage for personal items.

MONITORING OF SPONSORS AND VISA HOLDERS

The Department of Home Affairs monitors sponsor compliance with obligations and the adherence of visa holders to their visa conditions. Monitoring activities may include exchanging information with other government agencies, requesting information from sponsors, and conducting site visits. Failure to cooperate with inspectors or comply with obligations may result in sanctions.

SANCTIONS FOR NOT MEETING SPONSOR OBLIGATIONS

If you fail to meet your sponsor obligations, various administrative, enforceable undertaking, and civil actions can be taken against you. These actions may include being barred from sponsoring more people, cancellation of existing approvals, issuing infringement notices, and applying for civil penalty orders. Additionally, sanctions can be imposed for providing false information, no longer satisfying sponsor criteria, or contravening laws.

VISITING ACADEMIC NOMINATIONS

If you nominated someone under the Visiting Academic visa (subclass 419) before 24 November 2012 and they did not apply for their visa by that date, your nomination is no longer valid. New applications must now be lodged under the Training and Research visa (subclass 402). Current Visiting Academic visa (subclass 419) holders who wish to stay in Australia after their visa expires may be eligible to apply for the Research stream of the Training and Research visa, either through an approved Visiting Academic sponsor or a Training and Research sponsor.