Temporary Work (Short Stay Activity) Visa (Subclass 400)
Australia is a country with the vast opportunities in various areas of business be it health, education, information technology, real estate and construction, or offshore outsourcing. In fact, Australia is one of the most favoured nations in the world with the healthiest business environment. However, you need to have a Temporary (Short Stay Activity) Visa (Subclass 400) to visit this country for your business affairs.
This is the visa for the people intending visiting Australia for:
- A short-term, highly specialised, non-ongoing work
- Participating in a non-ongoing cultural or social activities at the invitation of an Australian organisation, or
- For limited circumstances, participating in an activity or work relating to Australia’s interests.
- Most usually you are granted a stay of 3 months which may be extended up to 6 months in very limited circumstances in the case of a strong business case.
Before you apply
Subclass 400 visa has replaced the work entitlements on the following visas:
- Business (Short Stay) visa (subclass 456)
- Sponsored Business Visitor (Short Stay) visa (subclass 459)
- Electronic Travel Authority (Business Entrant—Short Validity) (subclass 977)
- Electronic Travel Authority (Business Entrant—Long Validity) (subclass 956)
- eVisitor visa (subclass 651).
If you already hold one of these visas, it will still be valid until the expiry date you were given when it was granted.
Rules monitoring Temporary Work Visa (Subclass 400):
Complying with the following conditions makes you eligible for this visa:
- You and your family members visiting Australia must have their valid passports to be granted this visa.
- You should be outside Australia at the time of the application for this visa.
- You must have specialised skills, knowledge or experience helpful in Australian business.
- You should have been invited to participate in an event by an Australian organisation.
- You may be required to be in Australia for certain exceptional circumstances of national importance, such as to assist in a natural disaster.
- You should visit Australia within 6 months of the date your visa is granted.
Temporary Work Visa Application Processing Time:
The processing time of Temporary Work Visa Application largely depends on the factors like health check-up, character checks etc. However, your application processing time frame and other compliances are as under:
- The first point to remember in this regards is that you should calculate your subclass visa 400 application processing time frame considering the date you are intending to visit Australia.
- It takes usually 1 month for your application to be processed or shorter than that if the needed documents and evidence are adequately provided.
- It may take a longer time than expected if the health check-ups, character checks are required.
- It is not advisable for you to file your subclass visa application more than 6 months before your planned visit to Australia as it is mandatory to visit Australia within 6 months from the date your visa is granted. If you fail to take care of this point of time You are required to Re-apply for your visa.
What you are permitted to do with Subclass Visa 400:
You will be able to:
- stay in Australia during the valid tenure of visa. (generally up to 3 months and maximum up to 6 months in limited circumstances)
- bring your family with you to Australia if you have included them in your visa application.
- do the work or activity for which you were granted the visa, which will usually be either:
- short-term, highly specialised, non-ongoing work
- participation in non-ongoing cultural or social activities at the invitation of an Australian organisation.
Your number of visits to Australia with this visa:
- You are permitted to visit Australia only once. You are required to re-apply for the visa for your return visit once you leave Australia.
- You are allowed to travel to and from Australia innumerable times during the valid tenure of your visa. However, your are required to insert it in your application form about your number of return visits during the period of your stay in Australia along with the valid reasons for return visits.
- The correct tenure of your visa starts from the day/date you first visit Australia. Re-entering Australia does not extend your period of stay in Australia.
The visa application charges are as prescribed by the government. You need not pay this application charges if you are:
- entered in a sporting event as an amateur participant.
- assisting an amateur sports participant or amateur team entered in a sporting event.
- coming to Australia to act as a representative of a foreign government.
- listed in a legislative instrument (your inviting organisation will tell you if this applies to you).
At the time of the application for this visa you need to prove that:
- the work you want to do or your participation in the event is short term and non-ongoing.
- you need to be in Australia to do the work or participate in the activity.
- you have personal attributes or an employment background relevant to the work or activity you are visiting Australia for.
- you have enough money to support yourself and your accompanying family members while you are in Australia.
- you have the support of the organisation for which you will be working or which invited you to Australia.
- you will not study a course in Australia that leads to a formal qualification.
- you meet health and character requirements.
Limitations on your work or other activity
- Your work or activity needs to be Non-ongoing in the sense that you must finish it within six months or less than that.
- Nor should you try to make arrange for your stay longer than you are granted the visa for.
- You should not agree to be rotated through a position on a short-term basis as one of the many overseas workers.
- Here it is better to apply for Temporary Work (Skilled) Visa (Subclass 457) in the case of the job is of the nature of ongoing activity even if your contract is for less than 6 months.
- You are not allowed to work in the entertainment industry on this visa. A detailed information is given on this page below.
- Your work or activity should not have an adverse impact on the employment, training opportunities or conditions of employment in Australia.
You are required to meet the following financial requirements in respect of this visa:
- You should be financially sound to sustain yourself and your family members with you in Australia during your stay.
- You are required to provide evidence implying that you have sufficient funds with you such as bank statements, employment contract, or a letter from a financial institution stating your sound financial condition.
- While determining your ability to support yourself, the allowances, accommodation and other such assistance from your employer can also be taken into account.
Course of study
This temporary work visa does not facilitate you to opt for any of the study courses mentioned below:
- A primary or secondary education program.
- A degree, diploma, trade certificate or any other formal award.
- Any study program which could be credited towards or accepted as a prerequisite for a course of studies at a higher educational institution in or outside Australia.
The only exception available with you on this visa is the Language Training Program which you can opt for during your stay on this visa. Moreover, you can also apply for the Training and Research visa (subclass 402) if you want to do workplace-based training.
Working in the entertainment industry
With Your Temporary Work Subclass Visa 400, you are not eligible to work in the entertainment industry. For this, you need to apply for Temporary Work (Entertainment) Visa Subclass 420 which under which you are eligible to work in the entertainment industry.
Temporary Work Subclass Visa 400 does not let you:
- perform as an entertainer in Australia or support an entertainer or a group of entertainers performing in Australia.
- direct, produce or take any other part in a production that will be shown, broadcast or performed in Australia (including theater, film, television, radio, concert or a recording).
However with this Temporary Work Subclass 400 Visa:
- You are allowed to direct, produce or have any other role in a production that will not be screened in Australia. (you will need to provide a distribution contract or other evidence to support this)
- You are eligible to come to Australia for a promotional activity, for example:
- As an actor visiting Australia for a red carpet premiere.
- As a rock band in Australia for a promotional tour but no performances.
You are required to comply with the following health requirements:
- The health examinations you need will depend on your personal circumstances like your period of stay, country of citizenship, time spent in another country during the last five years and your intended activities in Australia.
- The results of your health examinations are generally valid for 12 months.
- You will have to bear the health costs in Australia and you are not entitled to Australia’s national health scheme with this visa except your country has got a reciprocal health care agreements in this regard.
- It is advisable for you to have a health insurance during your every visit to Australia.
You are required to comply with the conditions relating to character requirements.
- Do not arrange for police certificates until we ask you to.
- You are required to provide a Police Certificate from the country you lived in for the last 12 months or more during the last 10 years after completing 16 years of age.
- You will be informed about arranging for the same and then you need to initiate for this.
- This condition is also applicable to the member of your family members at the age of 16 years or more than that.
Debts to the Australian Government
In order to be eligible for this visa, you are required to follow the rules relating to the obligations mentioned below:
- There must be no outstanding debts due to the Australian Government by you nor you must have arranged to repay any outstanding debts to the Australian Government before you are granted this visa.
- It is equally well applicable to all the dependent family members in your application at the age of 18 years or more.
- Biometrics (a scientific form of identification) is now considered as a part of the application which you may be required to provide.
- Countries and visa subclasses included in the biometrics program has more information.
Highly specialized work
You can apply for this visa to do short-term, highly specialized, non-ongoing work in Australia and the nature of the work is such that;
- can assist Australian business
- cannot reasonably be found in the Australian labour market.
It is important to note here that this visa is not for short-term employment for an ongoing position, nor for taking generic skilled duties which can be done by available Australian skilled workers with similar experience and qualifications.
Highly specialized work comprises the work which:
- 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)
- needs skills and knowledge that are specific to an international company, such as installing imported equipment, after-sales service or emergency repairs.
- It is a general presumption that the Specialized Skill work may be completed in three months yet it may take sometimes a span of 6 months.
- Once again, your stay in Australia should not be more than any 3 months out of 12 months. You may have one visit for 3 months or several visits for a shorter period of the 12 months.
- However, when your total cumulative visits and stay in Australia exceed 3 months span, you need to have a strong business case in order to explain your return visits.
Thus if the period of your stay in Australia is more than 3 months, you are required to submit a strong business case providing information relating to :
- 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.
You can apply for this visa if you have been invited by a lawfully operating Australian organization to participate in an event or events on a non-ongoing basis. Moreover, the organization should directly be responsible for the event with a formal role in preparing for or conducting it.
You are not entitled to any salary, wages or other remuneration for participating in the event, other than:
- Appearance fees
- Prize money
- Reimbursement for your reasonable expenses of doing the activity
- Payments from your overseas employer.
In order to be eligible for this visa, you should, for example, be
- a sportsperson participating in specific events or touring as part of a sports team,
- a public lecturer,
- an artist,
- an author or
- a photographer
Examples of the types of events can include conferences, workshops, sporting events, competitions and religious gatherings.
Usually, you are eligible for a 3 months to stay in Australia with this visa and you can have several visits to Australia amounting to 3 months stay collectively and note exceeding 12 months. In case, your cumulative stay in Australia exceeds 3 months, you need to provide an evidence of entry / registration into the further events.
Visa for Emergency workers and Other Exceptional Circumstances:
Usually, this visa is granted in very specific or limited circumstances like a natural disaster when the Emergency workers are required to visit Australia. However, you are required to convince the concerned department that the activity identified in your visa application is of national significance.
The inclusion of your family members in this visa application:
You are allowed to include the following people in your visa application:
- Your partner (married or de facto)
- Your dependent children or your partner’s dependent children.
- Other dependent relatives.
The family members mentioned above need to comply with the following conditions:
- They should have an evidence of the stated relationship with you.
- Evidence like marriage certificates, birth certificates, joint bank accounts or other such documents is enough to prove your relationship.
- Your family members should be fit enough to meet Australia’s health and character requirements.
- They should be financially sound to sustain their stay in Australia.
- Each family member should be included in your visa application.
When your family members need to file their own application for this or another visa:
- When they are not included in your application for this visa. Or,
- They intend to work in Australia.Or,
- They intend to take a study course for a formal qualification in Australia (except a language training program). In such a case, the family members intending to study in Australia may consider a Visitor visa or Student visa.
Combined Visa for Work & Holiday:
You can apply for this visa complying the following conditions:
- You can combine a short term holiday with you intended work or activity.
- You must clearly indicate it in your visa application for the said purpose.
- You will be granted the stay in Australia for the period the duration for which you are allowed to undertake an activity or a work.
- Alternatively, you should apply for a visitor visa to spend a short term holiday in Australia.
In other words, for the combined visa for a work along with a short term holiday, you should first apply for the Subclass 400 visa to undertake the work or activity and then a Visitor visa (while in Australia) for your holiday. This is the preferred visa arrangement if you intend to return to Australia throughout a 12 month period to undertake further work or activities.
How to apply for a Temporary Work (Short Stay Activity) visa (subclass 400) visa:
- Anyone along with you intending to apply for this visa must be outside Australia when the application is lodged and when the visa is decided.
- You must visit Australia within six months of the date your visa is granted.
- You should consider the date when you wish to visit Australia keeping in mind the application processing time while filing your subclass 400 visa application.
- The application processing time is usually up to 1 month and more in case health or character checks are required.
- It is not advisable for you to file your subclass 400 visa application more than 6 months before your travel date, as you are bound to visit Australia within 6 months from the date your visa is granted, otherwise you will need to reapply for the visa.
- You need to provide all the documents to prove the claims made in your application. The documents are listed in the document checklist.
- Some of the documents could take some time to obtain. You should have them ready when you lodge your application to reduce any delays in processing.
Lodge your application
Apply online: Depending on your circumstances, you might be able to apply online for this visa.
- Temporary Work (Short Stay Activity) Online Applications.
Apply by post or in person: Complete the following form:
- Form 1400 Application for a Temporary Work (Short Stay Activity) visa(743KB PDF)
Passport holders who are citizens of the countries in the list below are eligible to submit an online application for a Temporary Work (Short Stay Activity) visa (subclass 400):
- Antigua and Barbuda
- Bosnia and Herzegovina
- The British Virgin Islands
- Burkina Faso
- Cape Verde
- Cayman Islands
- Central African Republic
- Congo, the Democratic Republic of the
- Congo, Republic of the
- Costa Rica
- Côte d’Ivoire
- Czech Republic
- Dominican Republic
- El Salvador
- Equatorial Guinea
- Falkland Islands
- Hong Kong – British National (Overseas)
- Hong Kong Special Administrative Region, People’s Republic of China
- Korea, Republic of
- Macau Special Administrative Region
- Macedonia, Former Yugoslav Republic of
- Marshall Islands
- Micronesia, the Federated States of
- New Zealand
- Papua New Guinea
- Pitcairn Islands
- Saint Helena, Ascension, and Tristan da Cunha
- Saint Kitts and Nevis
- Saint Lucia
- Saint Vincent and the Grenadines
- San Marino
- Sao Tome and Principe
- Saudi Arabia
- Sierra Leone
- Slovak Republic
- Solomon Islands
- South Africa
- South Sudan, Republic of
- Sudan, Republic of
- Trinidad and Tobago
- Turks and Caicos Islands
- United Arab Emirates
- United Kingdom of Great Britain and Northern Ireland
- United States of America
You must provide all relevant documents and pay the visa application charge when you apply.
Contact one of the immigration offices outside Australia, for information about:
- where and how to lodge your application and supporting documents
- hours of operation for counter and telephone services
- how to pay the visa application charge.
After you have applied
Orbit Immigration will assist you at every phase of your application processing. Once you have filed the application and documents, we shall keep you updated about every minute information that we receive. Still, you will have two options in respect of your application:
- You can track and manage your application using ImmiAccount.
- If you submitted a paper application you can import your application into ImmiAccount.
Providing more information Or Correcting the information already submitted:
- You can provide more information or correct the same at any time until a decision is made on your application. If you want to correct information you have provided, you are required to use Form 1023 Notification of incorrect answer(s) (99KB PDF).
- In case, you are asked for more information by a competent authority, you need to respond to it by setting a date. Then and then only a decision on your application will be made using the more information provided by you.
- You can also provide additional information including Form No. 1023 using ImmiAccount.
- In the case of the wrong information submitted by you or another person may result in refusal of your visa. However, you will have an opportunity for present your comments on the information.
- When you are called for an interview, you are required to bring your passport or other such identification proof and any other required documents with you at the time of your interview.
Report changes in circumstances
It is mandatory for you to inform the concerned authority about any change in the circumstances after you have applied for the visa. For this purpose, you can use the following forms:
- Form 929 – Change of address and/or passport details (86KB PDF) — if you move to a new address or change your passport
- Form 1022 – Notification of changes in circumstances (77KB PDF) — if there are other changes in your circumstances.
- You can update your address and passport details using ImmiAccount.
Examples of the changes that you must report immediately are:
- A change in the details of the family members included in your application.(for example births, changes in dependency, and relationship status)
- The changes in the person authorized to act on your behalf.
Withdrawing your application
You can withdraw your application at any time before a decision in this behalf made by the concerned authority. The following conditions are required to be followe
d in case of withdrawal of your application.
- You will need to send a letter or email requesting the withdrawal.
- Your request must include your full name, date of birth, and the date of your application.
- If you know it, you should also include the number given to you at the time of your application – it could be a file reference number, client ID, or a transaction record number.
- Everyone included in the application who is 18 years of age or older must sign the letter of withdrawal or send a separate email.
- There are limited circumstances in which the visa application charge can be refunded.
If your visa is granted, you will be intimated about :
- When you can use the visa
- The visa grant number
- Any conditions attached to the visa.
You will not have a visa label placed in your passport.
In the case of the visa refusal, you will be sent a letter or an email with the reasons for the refusal.
- You must provide documents to support your application for this visa.
- Use the Temporary Work (Short Stay Activity) visa (subclass 400) document checklist to make sure your application is complete.
How long your visa lasts
- This visa is granted to you for 6 if the concerned authority is satisfied and agreed with the reasons for your stay for this time.
- Your visa is valid during your stay in Australia for the period you have been granted this visa.
- You must visit Australia within six months from the date you are granted the visa.
- Your stay in Australia will start from the date you first enter Australia.
What you eligible to do with this visa:
- You are allowed to stay in Australia during the validity of your visa. (generally up to three months, but may allow up to six months)
- You can bring your family with you to Australia if they are included in your visa application
- You can do the work or activity for which you were granted the visa, which will usually be either:
- short-term, highly specialized, non-ongoing work
- participation in non-ongoing cultural or social activities at the invitation of an Australian organization.
Your number of visits to Australia on this visa:
- You are eligible to visit Australia only once with this visa and if you wish to re-visit Australia, you need to apply for a new visa.
- Alternatively, you can travel to and from Australia number of times you wish during the validity of your visa. However, you are required to mention it in the visa application form for the number of your return visits and the reasons for the same.
- Your visa will be valid during the period of your stay that you have been permitted, and this will commence from the date of your first visit to Australia. Re-entering Australia does not start a new period of stay.
Your obligations as a visitor to Australia:
- You, as well as the family members travelling with you to Australia, need to comply with the visa conditions and the laws relating to it in Australia.
- You are expected to carry out the work or activity that you have mentioned in your visa application. You are required to make a new visa application if you
- You wish to participate in an activity/es other than mentioned in your application.
- You wish to work for an organization other than the one mentioned in your visa application.
- You must ensure that your activities in Australia will not have any adverse impact on employment or training opportunities or the conditions of the employment in Australia.
- You will not take up any course of study (Other than a language training program) leading to a formal qualification.
- You are not eligible to perform as or support an entertainer in Australia
- In the same way, you will not direct, produce or take another part in a theater, film, television or radio production, or a concert or recording, to be performed or shown in Australia.
Your family members cannot work while they are in Australia if they were included in your visa application.
No further stay
If you have a ‘No further stay’ condition on your visa, you cannot apply for a new visa while you are in Australia, except in extremely limited circumstances. You must leave Australia no later than the date on which your visa ends.