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Annex 12-A: Australia's Schedule of Movement of Natural Persons Commitments

The following sets out Australia's commitments in accordance with Article 12.4 (Grant of Temporary Entry) of Chapter 12 (Movement of Natural Persons) in respect of the temporary entry of natural persons.

Description of Category Conditions and Limitations (Including Length of Stay)
(A) Intra-Corporate Transferees

(i) Executives and senior managers being natural persons who are employees of an enterprise of Indonesia established and operating lawfully and actively in Australia, and who will be responsible for the entire or a substantial part of the enterprise's operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise.

Entry and temporary stay of such natural persons is subject to employer sponsorship.

Full details of employer sponsorship requirements, including eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was www.homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time.

Entry is for an initial period of stay of up to four years, with the possibility of further stay.

(ii) Specialists being natural persons with advanced trade, technical or professional skills and experience and are employees of an enterprise of Indonesia established and operating lawfully and actively in Australia, and who have been employed by that employer for not less than two years immediately preceding the date of the application for temporary entry. A specialist may include, but is not limited to, members of a licensed profession.

Entry and temporary stay of such natural persons is subject to employer sponsorship.

Full details of employer sponsorship requirements, including eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was www.homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time.

Entry is for periods of stay up to two years, with the possibility of further stay.

(B) Independent Executives

Independent executives being natural persons whose work responsibilities match the description set out below and who intend, or are responsible for, the establishment in Australia, of a new branch or subsidiary of an enterprise which has its head of operations in Indonesia and which has no other representative, branch or subsidiary in Australia. Independent executives will be responsible for the entire or a substantial part of the enterprise's operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise.

Entry and temporary stay of such natural persons is subject to employer sponsorship.

Full details of employer sponsorship requirements, including eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was www.homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time.

Entry is for periods of stay up to a maximum of two years.

(C) Business Visitors

Business visitors being natural persons of Indonesia seeking to travel to Australia for business purposes whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia and who must not engage in making direct sales to the general public or in supplying the services themselves. Business visitors comprise:

(i) Service sellers, as business visitors being natural persons of Indonesia not based in Australia who are (sales) representatives of a service supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplier.

Entry is for an initial stay of three months and up to a maximum of 12 months.

(ii) Business visitors, being natural persons of Indonesia seeking to travel to Australia for the purpose of participating in business negotiations or meetings.

Entry is for periods of stay up to a maximum of three months.

(iii) Business visitors, being natural persons of Indonesia who are seeking to travel to Australia for business purposes, including investment purposes.

Entry is for periods of stay up to a maximum of three months.

(iv) Business visitors, being natural persons of Indonesia who are seeking entry for the purposes of negotiating the sale of goods where such negotiations do not involve direct sale to the general public.

Entry is for periods of stay up to a maximum of three months.

(D) Spouses And Dependants

Spouses and dependants of temporary entrants covered by (A) and (B) where stay of those temporary entrants is greater than 12 months.

For such spouses and dependants, entry and temporary stay is for the same period as for the temporary entrant.

Last Updated: 27 February 2019
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