Short Stay Activity - 400 Visa

Features

The 400 visa is for people who want to travel to Australia to:

• do short-term, highly specialised, non-ongoing work
• in limited circumstances, participate in an activity or work relating to Australia’s interests.

Generally, the stay period allowed is up to three months but up to six months may be considered in limited circumstances if supported by a strong business case.

Eligibility

You must:

• be invited, or supported, by the organisation you will be working for
• have specialist skills, knowledge or experience that is needed but cannot be found in Australia

Length of stay

Up to 3 months (6 months in limited circumstances)

Processing time

75 PER CENT OF APPLICATIONS PROCESSED	90 PER CENT OF APPLICATIONS PROCESSED
12 days	25 days

About this visa

The Temporary Work (Short Stay Specialist) visa (subclass 400) is a temporary visa that lets you enter Australia to:

• do short-term, highly specialised, non-ongoing work
• in limited circumstances, participate in an activity or work relating to Australia’s interests.

When lodging your subclass 400 visa application, you will need to allow time for the application to be processed, taking into account the date you are intending to travel to Australia.

From 19 November 2016, the Temporary Work (Short Stay Specialist) visa (subclass 400) no longer includes an Invited Participant stream.

What this visa lets you do

This visa lets you:

• stay in Australia while your visa is valid (generally up to three months, but up to six months may be allowed in limited circumstances)
• do short-term, highly specialised, non-ongoing work for which you were granted the visa
• in limited circumstances, participate in an activity or work relating to Australia’s interests
• bring members of your family with you to Australia, if they meet the requirements for including family members in your application. Your family members will not be allowed to work in Australia.

Combining a holiday with your intended work or activity may be allowed if the holiday is of short-term duration and secondary to the main purpose of your visit.

Restrictions on this visa

• Limitations on your work or activity
• Course of study
• Workplace-based training
• Working in the entertainment industry
• No further stay

You might have to pay additional costs for:

• additional applicant 18 and over
• additional applicant under 18

You might not need to pay this application charge if you are:

• coming to Australia to act as a representative of a foreign government
• listed in a legislative instrument (your inviting organisation will tell you if this applies to you).

Location

You and anyone included in your visa application must be outside Australia when the application is lodged and when it is decided.

How long the visas lasts

Generally, this visa is granted for up to three months, but depending on your work or activity a longer period of up to six months might be allowed in limited circumstances.

We will assess how long you can stay based on your individual circumstances. Your visa will be valid during the stay period you have been granted, which will commence from the date you first enter Australia.

You must arrive in Australia within six months of the date the visa is granted, or within a shorter time-frame if granted.

Family

Each family member you want to bring with you to Australia must be included in your visa application.

These family members must meet the requirements for including family members in your application.

Your family members will need to lodge their own application for this or another visa if:

• you do not include them in your visa application or
• they want to work in Australia or
• if you are a highly specialised worker and they want to study towards a formal qualification in Australia (except a language training programme).

Your obligations

You and your family must comply with all visa conditions and Australian laws.

You must do only the work or activities for which your visa was granted.

You will need to lodge a new application for this visa if you want to:

• participate in a different activity or activities than you listed in your application
• work for an organisation that is not one of the organisations you identified in your application.

Have an organisation in Australia who will support your visa

You will need a letter of invitation, job offer or employment contract from an Australian organisation showing:

• details of your position, duties, or project of work
• the duration of your work
• the reason why you are required in Australia
• your employment conditions and wages
• the Australian workplace standards or Industry Award that applies to your position

Workers in Australia – including visa holders with permission to work – have rights under Australian workplace law.

For information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements see Fair Work Ombudsman’s Pay and Conditions Tool (PACT).

Some freelance work might be allowed (for example, a freelance journalist/photographer undertaking a media assignment). If you are doing this type of work, you will need to provide a copy of your itinerary and the details of your work assignment.

Domestic workers

Domestic workers accompanying their employer/family household travelling to Australia for tourism or a business visit should apply for the subclass 600 Visitor (Tourist or Business Visitor stream) visa until further notice.

Domestic workers need to accompany their employer when travelling to Australia and should have the same travel itinerary as their employer.

Any subclass 400 domestic worker visa applications already lodged will continue to be processed under subclass 400 visa requirements.

6 month 400 visa

For a 6 month subclass 400 visa the department of immigration will assess the following:

• evidence as to the nature, size, duration and importance of the project to the local community, and any potential impacts on the business/community should the project not be able to proceed, including employment opportunities for Australian workers
• the number of Australians being employed on the project and/or by the business
• evidence that specialist advice/expertise from overseas is required – this may include evidence from an employment agency of a shortage of similarly qualified persons in Australia
• whether there are contractual obligations relating to the installation/servicing of a piece of equipment (for example, whether the work must be installed or serviced by an overseas provider)
• evidence provided by the applicant’s proposed employer that they have tried to hire an Australian to do the proposed work (for example, evidence of job search, training programmes, letter of support from relevant union)
• any arrangements for an Australian worker to be trained to do the proposed work over a longer period
• Information that indicates there is no time for an Australian to be trained to do the proposed work (although over a longer period this would be expected)
• evidence that the applicant’s employment conditions satisfy Australian workplace standards
• In general, senior executives (such as CEOs and vice presidents) of multinational corporations who are:
  • based overseas with management oversight of Australian subsidiaries and
  • are passport holders of eligible ETA/eVisitor countries with similar work/pay conditions to Australia
  • are considered a low risk caseload and may be granted a six month stay period without further enquiry.