What is a 400 Visa? – Worldly Migration

24 Jan What is a 400 Visa? – Worldly Migration

The 400 Visa or the Temporary Work (Short Stay Specialist) Visa is a popular visa option that allows foreign nationals (can be professionals, managers, tradespeople, public lecturers, specialists giving master classes, specialists/contractors invited for a short-term activity, or work) with highly specialized skills not generally available in Australia to travel and undertake specialist work in Australia that is short-term, and non-ongoing. This visa is generally granted for a period of stay of up to 3 months, and once approved, the foreign national can legally work in Australia as a Contractor. There is a possibility the 400 Visa can be granted for a period of up to 6 months but only in cases where there is a strong business case for the grant period.

Essentially, applicants of this visa must be offshore or outside Australia at the time of the visa application and approval. The 400 Visa application is not possible while onshore in Australia, and as with a typical visa, the applicants will need to demonstrate that they have the relevant skills and work experience background, health character requirements and are genuine temporary entrants. Technically, a 400 Visa does not require a business sponsorship, however, a letter of support from an Australian Business is generally essential for any 400-visa application.

If you intend to undertake workplace-based training. you can apply for the Training visa (subclass 407). This is because a 400 Visa applicant would be over-experienced for a Training Visa.

If you intend to perform as an entertainer in Australia, or direct, produce or take any other part in a production that will be shown, broadcast or performed in Australia (including theatre, film, television, radio, concert, or a recording), you can apply for the Temporary Activity visa (subclass 400) in the Entertainment stream.

Temporary Work Visa (400) Streams:

• The Highly Specialised Work Stream
  It must be demonstrated that the work in question is highly specialised, and that the applicant holds the skills required to carry out this work. The work must be not ongoing in nature. This means that the activity is likely to be completed within 3 months. A stay of up to 6 months may be considered where there is a strong business case. Workers must not be “rotated” through the same position. If the position requires to be filled for periods longer than 6 months, you should consider a TSS visa. Work in the entertainment field is specifically excluded from the 400 subclasses, with limited exceptions.

• Australia’s Interests Stream
  This would typically involve demonstrating compelling circumstances affecting Australia’s interests – such as:
• Major disasters or emergencies
• Impact on Australia’s diplomatic, trade or business interests
• Significant benefit due to the person’s contribution

This visa is popular with Australian employers/business who needs to hire workers for a very short-term work posting.

What is highly specialized work?

The visa is not for short-term employment in an ongoing position, nor for undertaking generic skilled duties that can be done by available Australian skilled workers with similar experience and qualifications.

You can apply for this visa if you have specialized skills, knowledge, or experience that:

• can assist Australian businesses and
• cannot reasonably be found in the Australian labor market.

Specialized skills are work that either:

• is done by people with an occupation listed in Major Groups 1, 2, or 3 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO);
• includes skills and knowledge that are specific to an international company, such as installing imported equipment, after-sales service, or emergency repairs.

Generally, it is expected that the work is completed within three months but in some cases, this may be up to six months. If a period of more than three months is required a strong business case must be provided. The business case should provide information on the following:

• The nature, size, duration, and importance of a project to the local community
• Evidence that specialist advice/expertise from overseas is required
• The number of Australians being employed on the project and/or by the business
• Time available for an Australian to be trained to do the proposed work over a longer period
• Remuneration paid in accordance with Australian wages and conditions.

Frequently Asked Questions – Subclass 400 Visa

How long can I stay on a Temporary Work Visa?

The standard period of stay is 3 months. A temporary work visa cannot be issued for any longer than 6 months.

Can I apply for a 400 Visa onshore?

You cannot submit a Subclass 400 application while physically present in Australia. This application can only be done while the applicant is offshore.

Is there a Permanent Residency Path for 400 Visa?

No, it does not have a pathway to permanent residency. This visa is intended for short-term work engagements only, and does not, in of itself, give rise to any special permanent residency pathways.

Can I study on a Temporary Work visa?

Subclass 400 temporary work visa applicants cannot be looking to engage in a course of study that would result in a formal award, such as a degree or certificate.

In extremely narrow circumstances, training may be permitted, provided it does not contribute to the requirements of a reward. Such applicants must still be undertaking highly specialized work, meaning the circumstances in which training is appropriate are limited.

I am a recent graduate. Can I qualify for a Subclass 400 Visa?

The required level of specialization will likely exclude most fresh graduates from qualifying under the highly specialized work stream. If you are not adequately skilled to be capable of performing highly specialized work, this visa will not be an appropriate option.

Worldly Migration can provide professional guidance to both Australian employers/businesses and applicants for the processing of the 400 visas.

Our professional services include:

• Advising on criteria required for visa approval
• Identifying and minimizing risks, especially for repeat users of the 400-visa pathway
• Preparing the visa application
• Providing advice in relation to letters of support and other documents required from the organization
• Drafting any written submissions in support
• Communicating with the Department on behalf of the organization and the visa applicant until a decision is received

To discuss how we can assist you with advice and an application under the 400-visa scheme, book in a free initial consultation with our Registered Migration Agent, Evan Bishop (MARN 1679414).