Temporary Work (Short Stay Activity) Visa (Subclass 400)

 

 

If you are looking to sponsor an overseas worker on a short term the basis to perform specific professional activities, the 400 visas may be suitable for your purposes.

A 400 visa allows an overseas worker to:

·  stay in Australia for up to three months (up to six months in limited circumstances)

·       bring eligible family members with them.

·       depending on your work requirements, you may be allowed to travel in and out of Australia on your 400 visas.

 

The 400 visa has three streams:

 

·  Highly Specialized Workstream: for someone who will undertake work that is highly specialized and not in an ongoing position.

·  Invited Participant stream: for someone who has been invited to participate in an event by an Australian organization. The event must be short-term and the person cannot be paid for their participation apart from under limited circumstances.

·  Australia’s Interest stream: for someone who is required to travel to Australia because of compelling circumstances that affect Australia’s interests.

 

How to Apply for Subclass 400 Visa?

You must apply for a 400 visa from outside Australia. A visa applicant in all streams must demonstrate that they satisfy prescribed criteria, including that they:

·       possess the attributes and experience to carry out the proposed work

·       need to be in Australia to perform the work

·       have the means to support themselves during their stay

·       genuinely intend to stay in Australia temporarily

·       do not intend to study in Australia

·       meet health and character requirements.

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

You are able to include family members in your 400 visa application if they satisfy particular criteria. Please consult us for more details.

 

Additional criteria

Depending on the stream in which you apply for a 400 visa, you will need to show that you satisfy additional criteria:

Highly Specialized Workstream

·       Your skills are highly specialized and cannot reasonably be found in the Australian labor market. For example, a 400 visa maybe appropriate for some intra-company transfers

·       You meet, or will be eligible to meet, any registration or licensing requirements to work in your nominated position

·       Your work is short-term and will not have adverse consequences for the employment or training of Australians.

 

 

 

Invited Participant stream

·       You need to provide details of the invitation by an Australian organization. For example, a 400 visa may be appropriate if you are a sports person participating in a sporting event organized by an Australian sports body

·       You need to demonstrate that you will not be paid during your time in Australia. Limited exceptions apply such as the potential to receive prize money in a sporting event

·       Your work is short-term and will not have adverse consequences for the employment or training of Australians.

Australia’s Interest stream

You need to show the compelling circumstances affecting Australia’s interests. For example, a 400 visa may be appropriate if you can show that Australia would miss out on significant business or cultural opportunity if you are not granted the visa.

Please note that the above lists are not exhaustive and other criteria may apply. Please consult us for more details.

Benefits and common issues with a 400 visa application, and how we can help you

A 400 visa can be an attractive option for employers because the visa application does not also require sponsorship and nomination application and the costs are less than that for a 457 Visa. However, if a 400 visa is not the right fit and the overseas worker does not meet the requirements of the visa, their application may be refused. We, therefore, recommend that you seek advice about whether the 400 visa is the most appropriate visa for your business and your employees.

Our experienced Immigration Lawyers can also assist you with some of the common issues that arise with a 400 visa application including:

·       if applying in the Highly Specialized Workstream, demonstrating that the work is highly specialized and the applicant needs to be in Australia to perform the work

·       a visa is required urgently because of the timing of the event in which the applicant is invited to participate, such as a sporting competition or a trade show

·       if a 400 visa is required for more than three months, please note that a strong case will need to be presented to the Department of Immigration.

 

If the 400 visa is for you, our experts have the expertise to ensure that you obtain a 400 visa within the time that it is required. Please contact us today to speak with our teams of experienced agents. Triple I Business provides complete assistance for the Subclass 400 work visa.