Agriculture Visa (403 Visa)
The Australian Government recently announced the Australian Agriculture Visa, a stream of the Temporary Work (International Relations) Visa – Subclass 403. The Minister for Agriculture and Northern Australia, David Littleproud has said that “The [Australian Agriculture] visa will provide a long-term, reliable workforce for our critical industries…’.
The Australian Agriculture Visa came into effect through amendments to the Migration Regulations 1994 on 30 September 2021. Due to COVID-19 and border restrictions, temporary international migrants that previously travelled to supplement the workforce in Australia’s agricultural industries has significantly reduced. The Australian Agriculture Visa is introduced in response to industry needs and to re-commence international recruitment for skilled, semi-skilled and low-skilled workers for the following agricultural industries: meat processing, fishery, and forestry sectors. The visa program and its regulations will be designed through industry consultation and workers will arrive in Australia through a phased approach which will be subject to quarantine arrangements with state governments.
- Only open to Approved Employers who already form part of the Pacific Australian Labour Mobility (PALM) Scheme
- Small cohort of agricultural workers dependent on:
- Border restrictions
- Country readiness
- Availability of quarantine
- Increase in the number of agricultural workers participating in the new subclass 403 visa stream
- Expanded number of bi-lateral labour agreements with countries to increase the number of those participating
How will the Government recruit international migrant workers under the new Australian Agriculture Visa scheme?
For Phase 1 of the recruitment process, the Government will invite a small number of countries and Approved Employers who are already part of the Pacific Australian Labour Mobility (PALM) scheme to participate. This ensures that the visa scheme commences with accredited and experienced stakeholders.
The Phase 2 recruitment process will be published at a later date. An update will be provided once further information is released.
The Government and the Department of Home Affairs are still working on the details regarding:
- The application process
- Potential pathways to permanent residency
- Number of visa places available
These details are in the process of being determined through industry consultation. Once further information is released, this page will be updated.
The new Agriculture Visa will be made available to citizens from 10 countries in the ASEAN (Association of Southeast Asian Nations) region.
Countries in ASEAN include:
- Brunei
- Cambodia
- Indonesia
- Laos
- Malaysia
- Myanmar
- The Philippines
- Singapore
- Thailand
- Vietnam
If you are applying for a permanent visa (subclass 888) in the Significant Investor stream, you must have held at the time of application:
- a provisional visa (subclass 188) in the Significant Investor stream or in the Significant Investor Extension stream.
You must have been in Australia as the holder of a provisional visa (subclass 188) in the Significant Investor stream or the Significant Investor extension stream for at least 40 days per year (calculated cumulatively) for the period of time you have held your provisional visa(s), or your spouse to live for at least 180 days per year (calculated cumulatively) on the basis of the period of time the primary applicant has held their provisional visa(s).
In addition, you (or you and your partner combined) must have:
- held complying investments continuously for at least 4 years while holding your Business Innovation and Investment (Provisional) visa (subclass 188).
- operated a qualifying business under the private Australian company in which you have made a direct complying investment if applicable.
Note that the rules in force at the time you applied for you original subclass 188 visa in the Significant Investor stream will apply to you when your application for a subclass 888 visa is assessed.
If you applied for your provisional visa (subclass 188) in the Significant Investor stream prior to 1 July 2015, you are eligible to apply for a subclass 888 visa after holding your provisional visa for 3 years and 11 months. If you applied for your provisional visa after 1 July 2015, you are required to hold your provisional visa for at least 4 years prior to applying for a subclass 888 visa.
The subclass 888 visa has two Eligibility Streams:
- The Business Innovation Stream, and
- The Investor Stream.
- hold a provisional Business Innovation and Investment visa
- have met the requirements of that visa (including the specific requirements for the stream in which you first applied)
- are nominated by a state or territory government
| Criteria | The Business Innovation Stream – 888 visa | ||
| Business Activity | Evidence of at least 2 years continuous qualifying business and commitment to continue your business activity in Australia. | ||
| Ownership Interest | Continuous ownership interest in a main business or businesses throughout the period of at least 2 years preceding application (see 188 visa for detail). Ownership interest from another previous business skills visa applicant or visa holders may not be eligible to apply. | ||
| Management Role | In each of the 2 yrs preceding application has maintained direct and continuous involvement in management of the business, day to day at a senior level, and has made decisions affecting the overall performance and direction of the business. | ||
| Annual Turnover | At least A$300,000 in the 12 months before application. | ||
Applicant must meet two out of the three of the following criteria: | |||
| 1) Net Business Assets in Australia | At least A$200,000 throughout the 12 months immediately before application was made; and continue to have that and were lawfully acquired. | ||
| 2) Number of Employees | At least equivalent 2 full-time employees in business who are Aust citizens, PR or NZ passport holders, but not including MFU’s for 12 mths prior to application. | ||
| 3) Net Total Assets in Australia | At least A$600,000 throughout the 12 months ending immediately before the application was made; and continue to have that, and were lawfully acquired | ||
| Evidence of compliance with Aust Tax Law | Must demonstrate that each business has an ABN and all BAS have been lodged for the 2 year period in business. | ||
| Presence in Australia | At least a total of 12 months in the previous 2 years physically in Aust immediately prior to application as holder of a 188 holder under the Business Innovation Stream or Extension Stream. | ||
| Business Background | No record of involvement in activities not generally acceptable in Australia. | ||
| Qualifying visa | Must hold a Business Innovation visa at time of application as the primary applicant. | ||
| Criteria | The Investor Stream – 888 visa | ||
| Designated Investment | Evidence you have held a Designated Investment of A$1.5 million for 4 years. | ||
| Business or Investment record | Provide information of your business or investment activities in Australia. e.g. a summary of any activities undertaken in Australia in addition to holding the Designated Investment to current date and include future plans. | ||
| Residence Requirement & qualifying visa | You must have lived in Australia as a subclass 188 holder under the Investor Stream for a total of at least 2 years in the 4 years immediately prior to lodging your 888 visa. The 2 year period in Australia does not need to be continuous. Failure to meet this criterion may lead to your application being refused regardless of the performance of your business(es) | ||
