Temporary Work
Temporary Work (Short Stay Specialist) (Subclass 400) visa
Target Market
- Businesses in Australia
- Business overseas seeking to enter Australia
- Individuals who are required to work in Australia in highly-skilled, short-term roles
Visa Applicant Requirements
- Have highly specialized skills, knowledge or experience
- Be able to support yourself and any dependents
- Be a genuine visitor
- Health, character, and English requirements
What does it permit?
- Can be granted for up to 6 months (depending on the circumstances)
- For a stay period longer than 3 months, a strong business case must be provided with the application
- Cannot be applied for in Australia
- Does not permit a longer stay by extending this visa
- Permits work in a highly specialized job
- The work or activity must be non-ongoing
What is it?
Temporary Work (Short Stay Specialist) (Subclass 400) visa
The Temporary Work (Short Stay Specialist) (subclass 400) visa is a temporary visa that allows individuals to enter Australia to (1) conduct short-term, highly specialized, non-ongoing work and (2) in limited circumstances, participate in an activity or work relating to Australia’s interests. Contact us to determine if this is the most appropriate visa for you.
This subclass 400 visa is a temporary work visa applied for by the individual and is not an employer-sponsored visa. It is suitable for potential short-term non-resident workers for up to with specialized skills, expertise, or work experience not generally available in the Australian labour market.
The subclass 400 visa is a common choice for Australian employers seeking a temporary work visa for highly specific non-ongoing work, and they do not require the application for sponsorship or nomination applications (as required in 482 visas for example). Instead, the Australian employer has to supply the applicant with a letter of support, clearly setting out the nature of the work and why the foreign employee is appropriate for the position. Applicants for temporary work visas must be outside of Australia when applying for this visa and when a decision is made on the application.
This subclass 400 visa is granted in most instances for three months, with the potential of six months in limited circumstances depending on the situation. A strong business case with the application needs to be communicated for an extended stay to be approved.
The temporary work visa may authorize single or multiple entries with the period of stay beginning from the first arrival date. If the visa has been granted with multiple entries, the period of stay shall not be restarted each time the holder of the visa returns to Australia.
Whilst subclass 400 visa holders allow for family members to accompany them, the family members are unable to work or study in Australia except to complete a language training course and as such, you must provide evidence of your capacity to support a reasonable standard of living for any accompanying family members.
Process
Temporary Work (Short Stay Specialist) (Subclass 400) visa
Step 1 – Before You Apply
Before you apply, you should:
- Assess and determine whether you meet the eligibility criteria (including health and character)
- Decide whether to retain an Immigration Lawyer (such as Global Solicitor Lawyers) or a Registered Migration Agent to help you fill out forms or provide you with advice about your eligibility and desired outcome.
Step 2 – Gather Your Documents
Collect and organize the required documentation to verify your identity and demonstrate that you have the support from your employer, and the financial capacity to support yourself and any family members.
See the “documents” tab for specific documents.
If you are receiving assistance or advice from lawyers or a migration agent, the following form may also be applicable: Form 956 Advice by a migration agent/exempt person of providing immigration assistance (297KB PDF)
Ensure to have all non-English documents translated into English by a NAATI accredited interpreter and scan all documents in color to an image or PDF file.
Step 3 – Apply for the Visa
Apply for the visa online in Immi Account:
- Create an account or log in to Immi Account
- Fill out the application form
- Attach documents
- Ensure family applications processed together
- Pay the application fee of AUD$310(except in limited circumstances) plus any additional fees for accompanying family
- Note the transaction reference number (TRN)
Your application can’t be processed until you pay the visa application charge.
Step 4 – After The Application
The DHA will send a confirmation letter (via email and/or the Immi Account portal messaging system) once your application and associated documentation have been received.
The standard processing times from the DHA for the Subclass 400 Temporary Work (Short Stay Specialist) Visa are as follows:
- 75% of applications: 26 days
- 90% of applications: 51 days
No updates on the application will be provided during the standard processing time. If more information is required, a request needs to be made via the Immi Account portal.
Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa. If you are in Australia during the application process, ensure you hold a valid substantive visa or Bridging Visa until the application is processed.
Be sure to advise the DHA if there are any mistakes on your application by submitting a Notice of Incorrect Answers, or if your circumstances change after you have applied.
Step 5 – Visa outcome
The DHA will advise you of their decision via email.
If your visa is granted, you’ll receive:
- Your visa grant number
- The date your visa starts
- Your visa conditions
Retain a copy of the email with you whilst in Australia.
If refused, the DHA will outline the reasons why they denied the visa.
You will not ordinarily be refunded the application charge if your application is declined.
Streams
Temporary Work (Short Stay Specialist) (Subclass 400) visa
The subclass 400 visa is divided into three separate ‘streams’.
The subclass 400 visa is divided into three separate ‘streams’. These streams allow applicants to enter Australia to participate in the following activities:
| Stream | Description |
|---|---|
|
Highly specialized work
|
Short-term, non-ongoing, highly specialized work; Typically, applicants will have skills in an occupation such as Managers, Professionals, Technicians and Trade Workers listed under Australia and New Zealand Standard Classification of Occupations (ANZSCO).
|
|
Australia’s interest stream
|
Discretionary power allowing the visa to be granted where it would be in Australia’s interest, including: • Emergency or disaster relief workers; or • Applicants with the support of a foreign government; or • Applicants who can contribute a significant benefit to Australia’s business, economic, cultural or other development.
|
Documents
Temporary Work (Short Stay Specialist) (Subclass 400) visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity, and your occupation. Your Global Solicitor Advisor will provide you with a link to the Global Solicitor portal which will set out the specific documents required. You can also refer to a more detailed checklist here.
Identity
- Biographical pages of your current passports or travel documents
- Full-quality passport-sized photograph of yourself
Family relationships
- Passport bio-data page for each family member
- Full-quality passport-sized photograph of each family member
- Birth certificate for each family member (translated)
- If in a married relationship, a copy of your marriage certificate (translated)
- If in a de facto relationship, evidence of at least 6 months of (i) shared finances (bank/credit card statements) (ii)living together (lease, correspondence at same address), and (iii) social (messages to each other).
- If children are between 18 and 23, evidence of financial dependency: (i) reside in the same household (E.g. correspondence to the same address) (ii) financial dependency (e.g. bank statements) (iii) studying (E.g. university enrollment)
- If including a child under 18 where a parent is not included, evidence of custody (legal documents and Form 1229)
Occupations and skills
- Your up-to-date CV covering at least 5 years
- Educational qualification certificates
- Registration, licensing, and professional membership certificate (as relevant)
- Invitation letter for your Australian employer which should contain the following details:
- The project including the nature, size, and duration of the project, as well as the importance of the project to the local community and any potential impacts to the business/community should the project not be able to proceed (including the impact on employment opportunities for Australian workers)
- Specialist advice/expertise from overseas that is required – this may include evidence from an employment agency of a shortage of similarly qualified persons in Australia
- Any contractual obligations relating to the installation/servicing of a piece of equipment
- Any attempts by your proposed employer that they have tried unsuccessfully to hire an Australian to do the proposed work (for example, evidence of job search, training programs, letter of support from the relevant union)
- The number of Australians being employed for the project and/or by the business
- About the time available for an Australian to be trained to do the proposed work over a longer period
- Position Description for the role
Financial Capacity
- Copies of your last two payslips
- A copy of your last Tax summary document showing salary (or employment contract)