The Temporary Work (Subclass 400) (400) visa is a temporary visa that allows applicants working in highly specialised roles to work short-term in Australia. The general period of stay is 3 months, however, applicants can be granted up to 6 months for strong business cases. There are two streams for this visa, but the most common stream is the “Highly Specialised Work Stream”
What are the eligibility requirements for the 400 visa?
Broadly speaking, to be eligible for a 400 visa you must:
- have personal attributes, an employment background, or both, that are relevant to, and consistent with, the nature of the applicant’s proposed activity;
- be a genuine temporary entrant (the work is non-ongoing);
- have adequate means to support themselves and their dependents;
- be undertaking work that is highly specialised; and
- meet health and character requirements.
There are different requirements for the Australian interest stream, but these are not covered in this article.
What are the documents requirements for the 400 visa?
A general document checklist for the 400 visa application is included below, noting that specific requirements will depend
|Other identity documents (such as national identity cards)||✔||✔|
|Relevant change of name documents||✔||✔|
|Marriage certificates / de facto registration (spouse)||✖||✔|
|If in a de facto relationship, proof of co-habitation for at least 6 months (e.g. shared finances, lease agreements, correspondence at same address and messages to each other)||✖||✔|
|Birth certificates (children)||✖||✔|
|Relevant qualification certificates and academic transcripts||✔||✖|
|Relevant registration or licenses (if applicable)||✔||✖|
|Proof you are able to financially support yourself (i.e. payslips, bank statements or employment contract)||✔||✖|
|Health assessments (if required for 6 month stay periods)||✔||✔|
|Letter of support (see below)||✔||✖|
|Proposed travel itinerary||✔||✔|
The above is a general checklist so further information may be required
What should be included in the letter of support?
A letter of support should be provided by an Australian organisation for whom the highly specialised work is delivered. Though there is no specific requirements for what should be in this document, but as a general guide the document could include (but is not limited to):
- 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 the business 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 relevant union);
- the number of Australians being employed for the project and/or by the business; and
- information about the time available for an Australian to be trained to do the proposed work over a longer period.
I have lodged my 400 visa, what happens now?
The 400 visa requires you to be offshore at the time of application and approval, so do not travel to Australia prior to your visa being finalised.
To view current visa processing times, visit the Department’s website here.
Do you require further assistance?
If you require assistance with your 400 visa application, or have any other immigration related queries, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.