Legal information on temporary work visas

including visas for au pairs, working holiday makers and students 

Young people may apply for a range of visas allowing them to work in Australia .  There are no specific visas for au pairs, but some young people are eligible for a working holiday visa allowing them to visit and work in Australia for a period of 12 months with a possible extension of another 12 months if the young person works in rural or regional Australia for three months. The visa permits short term work in any occupation including in the au pair area. 

Working holiday visas are available for young people from: Belgium, Canada , Republic of Cyprus , Denmark , Estonia , Finland , France , Germany , Hong Kong, Republic of Ireland , Italy , Japan , Republic of Korea , Malta , Netherlands , Norway , Sweden , Taiwan and United Kingdom (subclass 461). Similar opportunities are provided for tertiary educated people aged 18 to 30 from Chile , Thailand , or the United States of America , who are eligible to apply for a work and holiday visa (subclass 462). This visa has yearly quotas. For visa information please go to http://www.immi.gov.au/

Many foreign nationals apply for student visas to study in Australia . Student visa holders are permitted to work for 20 hours a week during term time in any occupation.

There are a range of other temporary work visas that allow the visa holder to work in Australia . The Temporary Business (Long Stay) Visas (subclass 457) can be given for up to four years for foreign workers who are sponsored to work in Australia if they have an occupation on a specified list. Additionally the 457 visa can be given to industry groups where there is a demonstrated labour shortage such as in the unskilled or semi-skilled industry area.   There has been considerable concern about possible trafficking or labour exploitation of 457 visa holders.

In 2008 the Australian Government will consider whether to  approve calls for a guest worker scheme allowing workers from the Pacific region to work in Australia for short periods of time in specified industries. See a Briefing Note prepared by the Parliamentary Library, New Zealand’s Seasonal Guest Worker Scheme (April 2008).

Human rights international obligations

Australia signed in 2002 and ratified in 2005 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime. According to it, Australia obliged itself to assist and protect trafficking victims by offering appropriate housing, counselling and information about legal rights, and medical and psychological assistance in cooperation with NGOs and other civil society organisations. Australia ’s Commonwealth Action Plan to Eradicate Trafficking in Persons, launched in 2003, provided law enforcement with resources to combat the problem domestically and internationally.