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The Subclass 400 Visa: Australia’s Temporary Work Landscape

Overview

Australia’s Subclass 400 Temporary Work (Short Stay Specialist) visa offers a pathway for individuals with highly specialized skills, knowledge, or experience to engage in short-term work within the country. This visa is ideal for those who possess expertise not readily available within Australia’s workforce. Let’s delve into the key aspects of this visa category. The Highly Specialised Work stream of the Subclass 400 visa enables individuals to undertake short-term, specialised work in Australia.

The duration of this visa can extend up to 6 months, depending on individual circumstances. It’s important to note that for stays exceeding 3 months, a compelling business case must accompany the visa application. Upon arrival in Australia, the visa’s validity commences, and it does not reset with each subsequent entry. Additionally, it’s crucial to understand that this visa cannot be extended, nor can it be applied for within Australia.

The Subclass 400 Visa : Australia's Temporary Work Landscape

Highlights

  1. Purpose of the Subclass 400 Visa: This visa offers individuals with highly specialized skills, knowledge, or experience the opportunity to engage in short-term work in Australia.
  2. Duration and Business Case: The visa allows stays of up to 6 months, but for stays exceeding 3 months, a compelling business case must accompany the application.
  3. Eligibility Criteria: Applicants must demonstrate highly specialized skills not readily available in the Australian labor market and strictly adhere to the specified work activities.
  4. Employer Sponsorship: Employers must provide a comprehensive contract or letter of offer outlining the terms of engagement, along with evidence of efforts to recruit Australian workers.
  5. Family Inclusion: Family members can be included in the application but are not permitted to work or study, except for participating in a language training program.
  6. Cost and Processing Times: The application fee is AUD405.00 for the main applicant, with additional charges for family members. Processing times vary based on application completeness and verification processes.
  7. Health Insurance: Visa holders are strongly advised to obtain health insurance to cover medical expenses, as reciprocal healthcare agreements may have limitations.
  8. Travel Provisions: The visa allows for single or multiple entries into Australia, but re-entering does not extend the original stay period granted.
  9. Work Exclusions: The visa does not permit engagement in the Australian entertainment industry but allows for certain promotional activities.
  10. Application Process: Applicants should gather necessary documents, provide accurate information, and apply online via ImmiAccount, adhering to all visa conditions and monitoring application progress.

Eligibility Criteria and Application Process

To qualify for the Subclass 400 visa, applicants must demonstrate highly specialized skills, knowledge, or experience that are essential for Australian businesses and are not readily available within the domestic labour market. Furthermore, individuals must adhere strictly to the work or activities specified in their visa application. Employers intending to sponsor individuals under this visa category must provide a comprehensive contract or letter of offer outlining the terms of engagement. Detailed information regarding employer obligations can be found in the ‘Learn about employing migrants’ section on the official immigration website.

Inclusion of Family Members

While individuals applying for the Subclass 400 visa can include family members in their application, it’s important to note that family members are not permitted to work or study in Australia, except for participating in a language training program. Both the primary applicant and their family members must meet health and character requirements, and demonstrate sufficient financial means to support themselves throughout their stay in Australia.

Cost and Processing Times

The application fee for the Subclass 400 visa is AUD405.00 for the main applicant, with additional charges applicable for family members included in the application. However, certain exceptions apply, such as for representatives of foreign governments or individuals listed in legislative instruments. Processing times for visa applications vary and can be influenced by factors such as completeness of the application, provision of required documents, and verification processes. Applicants are encouraged to use the visa processing time guide tool for estimated processing durations.

Health Insurance and Reciprocal Healthcare Agreements

It is strongly recommended that visa holders obtain adequate health insurance to cover any unforeseen medical expenses while in Australia. While Australia has reciprocal healthcare agreements with some countries, these agreements may have limitations, and health insurance is essential to mitigate financial risks associated with healthcare costs.

Travel Provisions

The Subclass 400 visa allows for either single or multiple entries into Australia, depending on the granted conditions. Single entry visas permit a one-time entry, while multiple entry visas enable individuals to enter and exit Australia multiple times within the visa’s validity period. However, re-entering Australia on a multiple entry visa does not extend the original period of stay granted.

Eligibility Requirements for the Subclass 400 Visa

To be eligible for the Subclass 400 visa, applicants must possess highly specialised skills, knowledge, or experience that can significantly contribute to Australian businesses. These skills must not be readily available in the Australian labour market, and the work undertaken must be non-ongoing, meaning it is expected to be completed within six months or less. Applicants are required to provide evidence of their expertise, such as resumes, licenses, qualifications, or letters from overseas employers outlining their current positions and duties. Moreover, businesses or overseas employers must demonstrate efforts to recruit Australian workers before sponsoring individuals under this visa category. The visa cannot be granted if it adversely affects employment or training opportunities for Australian citizens or permanent residents.

Work Exclusions

The Subclass 400 visa does not permit individuals to engage in work within the Australian entertainment industry. However, it does allow for roles such as directing, producing, or participating in productions that will not be shown in Australia. For promotional activities, such as red carpet premieres or promotional tours without performances, evidence such as distribution contracts or other documentation may be required to support the visa application. It’s essential to note that this visa does not authorize individuals to perform as entertainers in Australia or participate in productions intended for broadcast or performance within the country. For such activities, applicants should explore the Temporary Activity visa (subclass 408) – Entertainment.

Financial Support and Health Requirements

Applicants and their family members must demonstrate the ability to support themselves financially throughout their stay in Australia. Additionally, all applicants must meet the health and character requirements specified by the Australian government. This ensures that individuals entering the country pose no health or character risks to the Australian community.

Genuine Temporary Entrant Requirement

The Subclass 400 visa requires applicants to demonstrate a genuine intention to stay in Australia temporarily and engage only in activities permitted under this visa category. This is to prevent the misuse of temporary visas to maintain ongoing residency in Australia. Factors considered include the applicant’s situation, immigration history, compliance with visa conditions, and any other relevant matters.

Debt and Immigration History

Applicants must have repaid any debts owed to the Australian government or have formal arrangements in place for repayment. Additionally, immigration history plays a crucial role in the visa application process. Previous visa cancellations or refusals may impact eligibility for the Subclass 400 visa. However, in some cases, applicants may still be eligible to apply for permanent visas despite past visa issues.

Seeking Immigration Assistance

For individuals in need of assistance with their visa applications, it’s essential to seek guidance from authorized immigration professionals. Understanding the intricacies of visa requirements and ensuring the accuracy of application submissions are crucial steps in navigating Australia’s immigration system effectively. In conclusion, the Subclass 400 visa offers a valuable opportunity for individuals with highly specialised skills to contribute to Australian businesses on a short-term basis. By meeting the eligibility criteria and adhering to visa conditions, applicants can embark on their journey to explore professional opportunities in Australia’s dynamic and diverse workforce.

Guide to Applying for the Subclass 400 Visa

Step 1: Before You Apply

Before initiating your Subclass 400 visa application, it’s essential to consider certain factors and prepare accordingly.

  • Organise Health Exams: Depending on your circumstances, you may need to undergo health examinations. You have the option to complete these exams before applying or wait until instructed by the immigration authorities.
  • Get Help with Your Application: While seeking assistance with your visa application, ensure that the individual providing support is a registered migration agent, legal practitioner, or an exempt person as per the guidelines.

Step 2: Gather Your Documents

Collecting the necessary documents is a crucial aspect of the visa application process.

  • Provide Accurate Information: Ensuring accuracy in the information provided is paramount. Failing to prove identity or providing false information can affect the outcome of your application.
  • Identity Documents: Submit copies of your current passport pages displaying personal details, along with any national identity cards or documents proving a change of name if applicable.
  • Work Documents: Include documents such as a letter of invitation, job offer, or employment contract from the Australian organization confirming your employment details, including position, duties, duration of work, and reasons for working in Australia.
  • Financial Documents: Demonstrate your ability to support yourself and your family in Australia by providing evidence of funds or a letter from your bank indicating your financial position. Additionally, consider allowances or support from your employer.
  • Character Documents: Be prepared to provide police certificates as required.
  • Partner and Dependent Documents: If applicable, provide identity, character, and relationship documents for your partner and dependents. For children under 18, parental responsibility documents are necessary.

Nominate Assistance: If appointing someone to receive correspondence or provide immigration assistance, complete the relevant forms and upload them to ImmiAccount.

Step 3: Apply for the Visa

The application process for the Subclass 400 visa is conducted online via ImmiAccount.

  • Provide Accurate Information: Maintain accuracy in the information provided during the online application process.
  • Attach Documents: Ensure all required documents are attached to your application in ImmiAccount.
  • Pay the Application Fee: Pay the required application fee and note the transaction reference number (TRN) for reference.

Step 4: After You Apply

After submitting your visa application, certain steps must be followed while awaiting a decision.

  • Status Updates: Monitor your application’s progress through ImmiAccount and await confirmation of receipt of your application and documents.
  • Travel Considerations: Refrain from arranging travel to Australia until notified in writing of the visa grant.
  • Health Exams and Biometrics: If health examinations or biometrics are required, follow instructions provided by immigration authorities.
  • Attach More Information: If additional documents or information are requested, promptly upload them to ImmiAccount.
  • Add Family Members: You can include family members in your application or add them later before a decision is made.
  • Mistakes on Application: Notify authorities of any errors on your application by completing Form 1023 and attaching it in ImmiAccount.

Step 5: Visa Outcome

Finally, await notification of the visa decision.

  • Visa Grant: If granted, you will receive an email detailing your visa grant number, start date, and conditions. Keep a copy of this email for reference during your stay in Australia.
  • Visa Refusal: In case of refusal, reasons for refusal will be provided. Application charges are non-refundable in case of refusal.

By following these steps meticulously, applicants can navigate the Subclass 400 visa application process efficiently and increase the likelihood of a successful outcome.

Exploring Life in Australia on the Subclass 400 Visa

When You Have This Visa: What to Do Before Leaving

Before embarking on your journey to Australia, it’s crucial to ensure all necessary travel documents are in order.

  • Check Your Travel Documents: Confirm that you have a valid visa to enter Australia, along with a current passport or other acceptable travel document.

At the Border: Completing an Incoming Passenger Card

Upon arrival in Australia, all incoming passengers are required to complete the Incoming Passenger Card, provided onboard the aircraft.

  • Leaving the Airport Faster: Take advantage of the automated process utilizing facial recognition technology and ePassports, potentially enabling a quicker departure via SmartGate.

In Australia: What You Can Do with This Visa

Once in Australia, holders of the Subclass 400 visa enjoy certain privileges.

  • Work Opportunities: Engage in temporary, short-term, highly specialised employment opportunities. Additionally, family members granted visas alongside you can accompany you.
  • Understanding Your Obligations: Adhere to all visa conditions and comply with Australian laws. Monitor your specific conditions and work entitlements using VEVO (Visa Entitlement Verification Online).

Informing Authorities of Changes: Keep authorities informed of any changes to personal details, such as phone numbers, addresses, or passports, as well as significant life events, such as the birth of a child.

Staying Longer: Visa Stay Period and Extensions

Understanding the parameters of your visa stay period is crucial for planning your stay in Australia.

  • Initial Stay Period: The visa stay period commences upon entry into Australia. Refer to your visa grant letter or VEVO for specific details.
  • Extensions: It’s important to note that you cannot extend your stay in Australia on the Subclass 400 visa. If you wish to remain longer, explore alternative visa options. This visa cannot be applied for from within Australia.
  • Traveling on Your Visa: Ensure compliance with entry requirements, including arriving in Australia within six months of visa grant and adhering to visa stay period restrictions. Refer to VEVO for comprehensive visa details and conditions.

Leaving Australia: Departure Procedures and Post-Departure Considerations

Prior to departure from Australia, take necessary steps to facilitate a smooth exit.

  • Check Travel Documents: Confirm the validity of your passport or travel document before departing Australia.
  • At the Border: Utilize SmartGate for expedited departure procedures.
  • Post-Departure: Upon leaving Australia, individuals who have worked in the country may have funds in a superannuation fund. Ensure you meet the eligibility criteria and follow the appropriate steps to access your superannuation.
  • Request International Movement Records: Obtain proof of your travel history in and out of Australia by requesting your international movement records.

By understanding and adhering to the guidelines outlined for the Subclass 400 visa, individuals can make the most of their temporary stay in Australia while ensuring compliance with immigration regulations and procedures.

FAQ

The Subclass 400 visa allows individuals with highly specialized skills, knowledge, or experience to undertake short-term, specialized work in Australia.

The stay period granted on the Subclass 400 visa can be for up to 6 months, depending on the circumstances.

No, the Subclass 400 visa cannot be extended to stay longer in Australia.

The visa holder can engage in short-term work in a highly specialized job, provided it is non-ongoing.

Yes, family members can accompany the visa holder, but they are not allowed to work or study in Australia, except for language training programs.

Applicants must apply online through ImmiAccount and ensure they are outside Australia both during the application process and when the visa decision is made.

Applicants must possess highly specialized skills, knowledge, or experience that can assist Australian businesses and cannot reasonably be found in the Australian labor market.

Applicants and their families must demonstrate adequate means to support themselves while in Australia.

Applicants and their families must meet the health requirements specified by the Australian government.

Yes, the visa does not permit individuals to perform as entertainers in Australia or be involved in productions shown, broadcast, or performed in Australia.

Some freelance work may be allowed, such as freelance journalism or photography, provided it aligns with the visa conditions and is documented appropriately.

The visa will be digitally linked to the applicant’s passport, and no physical label will be provided.

Failure to provide all required documents or information may result in delays in processing or even refusal of the application.

Yes, family members can be added to the application at any time before a decision is made.

Visa holders and their families must comply with all visa conditions and Australian laws.

No, leaving and re-entering Australia does not extend the visa stay period.

If a visa is refused, the applicant will be informed of the reasons for the refusal, and the application charge will not be refunded.

The steps include preparing necessary documents, applying online, tracking the application through ImmiAccount, and awaiting a decision.

Visa holders can use VEVO (Visa Entitlement Verification Online) to prove their visa status and conditions.

Applicants must inform the authorities of any changes to their circumstances, such as contact details, marital status, or the birth of a child.

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