Superyacht Crew visa (subclass 488)

Sunday 5 November 2023

SUPERYACHT CREW VISA (SUBCLASS 488)

The Superyacht Crew visa (subclass 488) is no longer accepting new applications as of 19 November 2016. However, if you are eligible, you may apply for a Temporary Activity visa (subclass 408).

VISA HOLDERS

If you have already been granted a Superyacht Crew visa (subclass 488), it is important to understand your rights and obligations. You can easily check your visa details and entitlements using Visa Entitlement Verification Online (VEVO).

HOW LONG YOUR VISA LASTS

Typically, the Superyacht Crew visa (subclass 488) is valid for 12 months from the date of grant. However, shorter stays of three or six months may also be granted. If you wish to apply for another visa as a superyacht crew member while in Australia, you must apply for a Temporary Activity visa (subclass 408) while still holding the subclass 488 visa.

WHAT THIS VISA LETS YOU DO

If you are granted the Superyacht Crew visa (subclass 488), you have the following privileges:

Stay in Australia for up to 12 months, with the possibility of shorter stays of three or six months.
Enter Australia multiple times while the visa is valid.
Work on your sponsor's superyacht during your stay in Australia.

It is important to note that you are only allowed to perform work that is part of the superyacht's routine maintenance or business. Any other work is prohibited.

YOUR OBLIGATIONS

As a visa holder, you must adhere to all visa conditions and Australian laws.

WORKING IN AUSTRALIA

While in Australia, you are only allowed to work as a superyacht crew member for your sponsor. Any work performed for the sponsor or owner of the superyacht that is not part of the day-to-day routine maintenance or business is strictly prohibited. Working for any other individual or for yourself is also not permitted.

IF YOUR EMPLOYMENT CEASES OR YOU CHANGE EMPLOYER

If your employment ends, you have the following options:

Find another employer who is willing to sponsor you and apply for another Superyacht Crew visa (subclass 488).
Apply for a different type of substantive visa.
Leave Australia within 28 days or before your visa expires.

If you wish to change your employer, you will need a new sponsorship and a new Superyacht Crew visa (subclass 488). To apply for another Superyacht Crew visa while in Australia, you must submit your application before your current visa expires or while holding another valid Australian visa.

REPORT CHANGES IN CIRCUMSTANCES

It is important to notify the authorities if your circumstances change. This includes changes in your residential address, passport details, or any significant events in your family such as pregnancy, birth, or death. Forms such as Form 929 for change of address and/or passport details and Form 1022 for notification of changes in circumstances can be used for this purpose. If you applied online, you may be able to update your address and passport details through ImmiAccount.

SPONSORSHIP OBLIGATIONS

Approved sponsors must comply with the following sponsorship obligations:

Cooperate with inspectors appointed under the Migration Act 1958.
Provide records and information to the Minister.
Tell the authorities when certain events occur.
Keep records that demonstrate compliance with obligations.
Not recover, transfer, or charge certain costs to another person.
Pay costs to locate and remove an unlawful non-citizen.

Sponsors are responsible for meeting all their obligations, even if they have authorized someone else to act on their behalf, including a migration agent.

COOPERATE WITH INSPECTORS

Sponsors must cooperate with inspectors investigating whether sponsorship obligations are being met or if any illegal workers have been hired. This obligation begins on the day the sponsorship is approved or the work agreement commences and ends five years after the approved sponsorship ends or work agreement ceases. Cooperation with inspectors may include providing access to premises, producing and providing requested documents within the specified timeframe, and allowing officers to interview relevant individuals on the premises.

KEEP RECORDS

Sponsors must keep records that demonstrate compliance with their obligations. These records must be in a reproducible format and some must be capable of verification by an independent person. Records must include notifications made to the authorities, including the date and method of notification. The obligation to keep records starts on the day the sponsorship is approved and ends two years after the sponsor is no longer approved and no longer sponsoring anyone. Records do not need to be kept for more than five years.

PROVIDE RECORDS AND INFORMATION TO THE MINISTER

If requested by a departmental officer, sponsors must provide records or information related to their sponsorship obligations and the sponsorship of visa holders. This obligation starts on the day the sponsorship is approved or the work agreement commences and ends two years after the sponsorship or work agreement ceases and the sponsor no longer has a sponsored visa holder. Failure to provide requested records or information may result in penalties.

TELL US WHEN CERTAIN EVENTS OCCUR

Sponsors must notify the authorities in writing when certain events occur, such as changes to their address and contact details or the cessation of a primary sponsored person's employment. This obligation starts on the day the standard business sponsorship is approved or the work agreement commences and ends two years after the sponsorship or work agreement ends and the sponsor is no longer sponsoring anyone. Notices of these events should be sent by email or registered post to the specified addresses provided.

NOT RECOVER, TRANSFER OR CHARGE CERTAIN COSTS TO ANOTHER PERSON

Sponsors are prohibited from transferring or charging costs, including migration agent costs, to another person, such as a sponsored visa holder or their family members. This includes costs related to recruitment, becoming a sponsor, or former approved sponsor. The obligation begins on the day the sponsorship is approved or the work agreement commences and ends when the sponsor ceases to be approved or no longer has a sponsored visa holder.

PAY COSTS TO LOCATE AND REMOVE AN UNLAWFUL NON-CITIZEN

If a primary sponsored person or their family members become unlawful non-citizens, sponsors may be required to pay the costs incurred by the Commonwealth in locating and/or removing them from Australia. The obligation to pay these costs begins when the sponsored person becomes an unlawful non-citizen and ends five years after they leave Australia. Failure to pay these costs may result in penalties.

MONITORING OF SPONSORS AND VISA HOLDERS

Sponsors are subject to monitoring by the authorities to ensure compliance with sponsorship obligations. Monitoring may occur during the sponsorship period and up to five years after sponsorship ceases. This can involve exchanging information with other government agencies, requesting information from sponsors, and conducting site visits. Failure to cooperate with inspectors or comply with sponsorship obligations may result in sanctions.

SANCTIONS FOR NOT MEETING YOUR SPONSORSHIP OBLIGATIONS

If sponsors fail to meet their obligations, various actions may be taken by the authorities, including barring sponsors from sponsoring more people, barring sponsors from applying for future approvals, and canceling existing sponsorships. Sponsors may also be issued infringement notices or face civil penalties. Other circumstances that may result in administrative action include providing false or misleading information, no longer meeting the criteria for approval as a sponsor, or contravening laws related to licensing, registration, or membership required for the nominated position.