The Temporary Work (Short Stay Activity) or subclass 400 visa is a temporary visa that allows skilled people to enter Australia for short-term, highly specialised work. Generally, the visa is granted for up to three months. However, the Department may grant subclass 400 visas for up to six months in special circumstances.
If your visa is granted, you will not require a visa label in your passport, as your visa details will be stored electronically. You can check your visa conditions before you travel to Australia using the Visa Entitlement Verification Online (VEVO) system. Read on to know more about how this valid visa works in Australia.
What Are the Eligibility Requirements?
To be eligible for this visa, you must meet the following requirements:
Highly Specialised Skills, Knowledge or Experience
To be eligible for this visa, you must have skills, knowledge, or experience that:
- Can assist Australian business
- Cannot reasonably be found in the Australian labour market
- Will be non-going
Non-ongoing work refers to a job that ends in less than six months and for which you have made no plans to remain in Australia past this point for any reason related to the job.
You can present the following proofs of your skills, knowledge or expertise:
- Resume
- Licences or qualifications
- A letter from your overseas employer explaining your current position and duties.
Proof of Employment
The applicant must prove that you have work but not in the Australian entertainment industry. They may apply for a subclass 400 visa:
- To direct, produce or have any other role in a production that will not be shown in Australia
- To come to Australia to do some promotional activity such as an actor visiting a red carpet event or a rock band for a promotional tour.
Financial Requirements
The applicant must have enough funds to support themselves during their stay in Australia. They may need to provide evidence of their financial capacity to support themselves.
Health and Character Requirements
Applicants must meet the health and character requirements. For this, they may need to undertake a medical examination and provide a police certificate.
Specific Activity Requirement
The applicant must have a specific activity or event to undertake while in Australia. They must provide evidence of the activity or event, such as a letter from their employer or an invitation from an Australian organisation.
Genuine Visitor Requirement
Applicants must only intend to stay temporarily in Australia or perform activities they are allowed to do under the visa.
Debt Payment
If applicants were previously indebted to the Australian Government, they must have paid it back or had a formal arrangement to pay it back.
Not Had a Visa Cancelled or Refused
Applicants’ immigration history will be taken into account by the Immigration Department when deciding whether or not to approve their application. So, if they have previously had a visa revoked or denied, they may not be eligible for the current one.
What Are The Work and Activities Allowed Under The Subclass 400 Visa?
Under this visa, individuals can only engage in work and activities related to their project or task. They are not allowed to work for any other organisation or engage in any other activities that are not associated with their project.
Some of the activities that are allowed under the Subclass 400 visa include:
- Undertaking the specific project or task allowed under the visa
- Attending meetings related to the project or task
- Conducting research related to the project or task
- Providing training related to the project or task
- Participating in conferences or seminars related to the project or task
What Are The Conditions and Obligations?
Conditions
- You can only work in your visa application’s nominated position and industry.
- Your visa is valid for the duration specified in your visa grant letter. You must leave Australia before your visa expires or apply for another visa.
- You must meet the health and character requirements set by the Australian government.
- You are not entitled to social security benefits or other financial assistance from the Australian government.
Obligations
- You must comply with all the conditions of your visa at all times.
- You must inform the Department of Home Affairs of any changes to your circumstances, such as a change of address or employer.
- You must not engage in any criminal activity while in Australia.
- You must not breach any of the conditions of your visa, as this could result in the cancellation of your visa and your removal from Australia.
How Long is The Validity of the Subclass 400 Visa?
Subclass 400 visas are temporary visas. The Immigration Department has a maximum six-month grant period (depending on the circumstances). Generally, a compelling business case must be submitted with the application for stays longer than three months. You cannot apply for this visa in Australia or renew it to allow you to stay longer.
Can I Include Family Members in the Application?
Yes. When you apply, you can list family members in your application. You and your family who apply for the visa must satisfy standards for good health and moral character. Any family members listed on your application cannot work or enrol in school in Australia. You must demonstrate that you and your family are financially secure while visiting Australia.
How Much Will The Application Cost Me?
As of June 2023, the application fee is $325 for the main application. However, there are exceptions as to the payment of the fee:
- If you are travelling to Australia to serve as a government official from another country
- If you are listed in a legislative instrument. Your inviting organisation will notify you if this is applicable to your situation.
If you listed family members in the application, there is also a charge for each member. You must also pay for other costs such as health checks, police certificates, and biometrics. To check how much your visa application will cost, check this Visa Estimator to know more.
Can I Re-enter Australia With a Subclass 400 Visa?
It depends. The rules are:
- Single entry. If you have a single entry visa, you cannot re-enter with this visa if you leave Australia.
- Multiply entry. If you have a multiple entry subclass 400 visa, you can leave and re-enter Australia anytime within the visa’s validity period.
However, you should keep in mind that:
- Re-entering Australia on a multiple-entry visa does not restart the period of stay you were granted.
- The period of stay you were granted starts on the date you first entered Australia.
- If granted a single entry visa, you can only enter Australia once. You must apply for a new visa to return to Australia after you leave.
- The time you spend outside Australia does not extend the visa.
- The Department will digitally link your visa to your passport.
How Is the Subclass 400 Visa Different From Other Types of Australian Visas?
| Subclass | Purpose | Eligibility | Length of Stay | Cost (as of June 2023) |
| 400 | Temporary Work (Short Stay Specialist) | Highly skilled workers with specialised skills, knowledge, or experience that are not generally available in Australia. Entertainers who intend to perform in Australia or direct, produce, or take any other part in a production that will be shown, broadcast, or performed in Australia. | Up to 6 months | From $325 |
| 482 | Temporary Skill Shortage (TSS) | Skilled workers nominated by an Australian employer to fill a position that a local worker cannot fill. | 2 to 4 years | From $1330 |
| 600 | Visitor Visa | Visitors to Australia for tourism, business, or other purposes. | Up to 12 months | From $380 |
Who Can Assist Me With My Application?
If you plan to come to Australia for short-term work or activity, you may be eligible for a Subclass 400 Visa. However, the application process for this visa can be complex, and it is vital to ensure that you meet all the eligibility criteria before submitting your application.
To ensure a smooth and successful visa application process, seeking the assistance of a migration lawyer specialising in Subclass 400 Visa applications is advisable. Our lawyers at JB Solicitors can provide expert advice and guidance on the application process and help you understand your rights and obligations as a visa holder.
Moreover, we can also help you with any issues that may arise during the application process, such as providing additional evidence or responding to requests for further information from the Department of Home Affairs.
Contact us today if you need help lodging your temporary or permanent visa.
