Australia offers several immigration options to foreigners who need to travel and work in the country. This also includes visas for specific, highly specialized work aimed to improve the country’s international relations on a short-term basis.
In any case, before starting a visa application, it is important to assess the eligibility and the application requirements.
400 Visa
What is subclass visa 400 in Australia?
The subclass 400 is a short stay temporary visa for people who need to travel to Australia to do short-term, highly specialized, work at the invitation of an Australian organization. The work must be non-ongoing, and a strong business case must be provided with the application.
The aim is to prove that the applicant has highly specialized skills, knowledge, or experience to support the Australian business, and which cannot be found in the local workforce.
Applicant’s eligibility
To be eligible for a 400 visa, the applicant must have specialized skills or experience that can assist Australia business, can’t be found locally and will be non-ongoing.
First, to fit into the category of “non-ongoing” work, the job must be likely to be completed within 6 months and the applicant is not expected to remain in Australia after this time for any reasons connected to that job.
Secondly, the worker must document their skills and experience by showing proofs such as:
- Their updated CV
- Their qualifications
- A letter from the overseas employer confirming their current position and duties.
Finally, a market testing is required. That is, the Australian company must prove they have tried to find Australian workers to do the work first. In fact, a 400 visa cannot be released if it is deemed to affect employment opportunities available for local workers.
If you don’t think you will qualify for a 400 visa, we invite you to check our article on Australian short term work visas, to know more about the other visas available for short stays.
What type of work can be performed in Australia with a 400 visa?
Generally speaking, any type of work that requires a skilled worker, is deemed temporary in its nature and will help the Australian business is deemed acceptable to apply for a 400 visa.
However, the law foresees some restrictions concerning working in the entertainment industry. In details, the 400 visa does not allow the holder to perform as an entertainer in Australia or to direct, produce or take part in a production that will be shown, broadcast or performed in the country. This includes theatre, film, television, radio, concert, or a recording.
However, foreigners can apply for a subclass 400 to direct, produce or have a role in a production that will not be shown in Australian, or for promotional activity of that production. Evidence of the production details must be provided such as a distribution contract. Promotional activities may include for instance visiting a red-carpet premiere or a singer visiting Australia for a promotional tour but not to perform.
What are the “character” requirements?
To apply for an Australian visa, the applicant must meet the so-called “character” requirements as defined by section 501 of the Migration Act 1958. This is mainly to check the applicant’s criminal conduct, whether they have been charged or convicted in any country. If it is ascertained that the applicant has committed serious criminal offences, it is unlikely that the visa will be granted.
Moreover, the applicant must meet the health requirement. In fact, Australia enjoys some of the best health standards worldwide and, to maintain such standards, most visa applicants are required to meet minimum health standards.
Last but not lease, the applicant must have adequate means to support themselves (and any family members) while in Australia.
Application
The visa is digitally linked to the applicant’s passport, a visa sticker is not applied on the passport.
How to apply for subclass 400 visa Australia
The application must be filed while the applicant is still outside Australia. The application is filed online through the ImmiAccount and it is possible to include family members, provided that they meet the health and character requirements.
After the visa application, the authorities have a right to ask you to provide a police certificate, a military certificate, or a letter of good conduct from an employer.
The family members are in any case not permitted to work in Australia. Therefore, the main applicant must be able to show that the entire family has enough means to support themselves while in Australia.
How long does a subclass 400 visa take
The Australian government has a processing time guide for each visa type, as it may vary a lot according to the type of visa applied. There is no standard processing time.
Currently, on average 90% of subclass 400 visa applications is processed within 20 days from the application.
It is possible to check the status on one’s application on the ImmiAccount and the applicant will be contacted when the process is finalized. Of course, the visa can take longer if the application is incomplete.
If the visa is granted, the government will notify it by e-mail. The e-mail will contain the visa grant number, the date when the visa starts and the main visa conditions. It is recommended to keep a copy of the e-mail when in Australia.
Reasons for visa refusal
If the visa is refused, the government will notify it in the e-mail, with information on why it was refused. Any application charge paid with the application is usually not refunded.
A reason for visa refusal is having a previous visa cancelled. In fact, when making a decision on the visa application, the government will consider the whole applicant’s immigration history. This means that the applicant will not be eligible for a 400 visa if they have had a previous visa cancelled or refused.
Duration and costs
How long does a 400-visa last?
The 400 visa is a temporary one and it allows the holder to be in Australia for up to 6 months, depending on the circumstances.
The visa holder must arrive in the country within 6 months of the date the visa is granted, or a lesser period specified by the Minister. This information is included on the visa grant letter.
The visa stay period reported on the visa grant letter will start on the first date of arrival, and the stay period will not restart each time the applicant arrives in Australia.
Can you change a 400 visa into another visa type?
Subclass 400 visa holders cannot stay in Australia longer by extending the visa. However, they can apply for other visas if they meet the requirements. To know more about this process, please check our dedicated article on the transition from a 400 visa to a 482 visa.
Application costs
The application costs are AUD 415.00 for the main applicant and there is also a fee for each family member who is included in the application.
The application fee does not need to be paid if the applicant is coming to Australia to act as a representative of a foreign government or if they are listed in a legislative instrument.
In addition to the fee, it is also necessary to consider the costs for health checks, police certificates and biometrics.
Health insurance
Last but not least, it is generally recommended to take out an health insurance to cover any unforeseen medical treatment the visa holder may need in Australia.
In fact, in case of no reciprocal healthcare agreement with Australia, the visa holder will be personally liable for all the healthcare costs while in the country. So, the insurance can help to limit one’s financial liability.
For instance, Italy and Australia have signed a reciprocal agreement for healthcare. To know more, we invite you to check our article on how the Italian-Australian healthcare agreement works.
