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.