TEMPORARY WORK (SHORT STAY ACTIVITY) VISA (SUBCLASS 400)
Features
- This visa is for people who want to travel to Australia to:
- do short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.
Generally the stay period allowed is up to three months but up to six months may be considered in limited circumstances if supported by a strong business case. - This visa is for people who want to travel to Australia to:
- do short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.
Generally the stay period allowed is up to three months but up to six months may be considered in limited circumstances if supported by a strong business case.
Eligibility
You must:
- be invited, or supported, by the organisation you will be working for
- have specialist skills, knowledge or experience that is needed but cannot be found in Australia
Length of stay
Up to 3 months (6 months in limited circumstances)
Related:
- Permanent residence pathway for sc482 visa holders with an occupation on the Regional Occupation List (ROL)
- 186 visa exemptions
- New PR Pathways for all occupations on the STSOL list
- COVID-19 concessions for Employer-Sponsored visas (SC457-482 and 186-187)
- Grandfathering arrangements extended
- TSS Visa to Permanent Residency
- About this visa
The Temporary Work (Short Stay Specialist) visa (subclass 400) is a temporary visa that lets you enter Australia to: - do short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.
When lodging your subclass 400 visa application, you will need to allow time for the application to be processed, taking into account the date you are intending to travel to Australia. - From 19 November 2016, the Temporary Work (Short Stay Specialist) visa (subclass 400) no longer includes an Invited Participant stream.
- What this visa lets you do
This visa lets you:
stay in Australia while your visa is valid (generally up to three months, but up to six months may be allowed in limited circumstances)
do short-term, highly specialised, non-ongoing work for which you were granted the visa
in limited circumstances, participate in an activity or work relating to Australia’s interests
bring members of your family with you to Australia, if they meet the requirements for including family members in your application. Your family members will not be allowed to work in Australia.
Combining a holiday with your intended work or activity may be allowed if the holiday is of short term duration and secondary to the main purpose of your visit. - Restrictions on this visa
Limitations on your work or activity
Course of study
Workplace-based training
Working in the entertainment industry
No further stay
Alternative ways of obtaining PR if you do not meet the above criteria:
- Employer Sponsored Direct Entry Stream (ENS/RSMS)
- General Skilled Migration (189/190/489)
- Partner Migration (As the partner/spouse/de facto of an Australian Permanent Resident or Citizen)
- See visa options after you turn 45
Medium-Term TSS 482 Visa
The medium-term TSS visa is :
- granted for four years.
- capacity for onshore visa renewals (not limited to one) and a
- pathway to Australian permanent residency after three years.
This stream is relatively similar to the previous 457 visa.
The medium-term TSS visa is aimed at applicants working in skilled occupation which the Government believes are critically needed – and will be needed in the longer term.
TSS Visa To PR in 2023
Medium-Term TSS visa holders who have been working in Australia with the same employer for three years may be eligible to apply for Permanent Residency though the Transitional (TRT) Stream. Based on their postcode being regional or Metropolitan Australia, TSS visa holders will apply through either the Employer Nominated Scheme (186 ENS) or the Regional Employer Sponsored Scheme (187 RSMS). The employer must be willing to sponsor the candidate for permanent residency under the Temporary Residence Transition stream and must lodge a valid nomination with the Department of Home Affairs (Previously the Department of Immigration). This is one of the most common pathways to permanent residency and gives you all the PR entitlements.
In order to qualify for the TSS visa (Long Term Stream) applicants must meet the following criteria:
- your occupation must be on the Medium and Long-Term Strategic Skills List.
- At least two years of relevant work experience is required.
- The existing 457 program only requires the applicants to have a closely-related qualification at the correct level and do not require work experience. For the TSS Visa each occupation still has a minimum work experience requirement – either three years or five years if you do not have a qualification– based on the skill level of the nominated occupation.
- Candidates must be paid at the minimum salary for the position
- police check.
Employers must:
- Do Labour market testing
- Employers will be required to pay a $3000 or $5000 training levy to the Australian Government for all 186/187 applications.
- 6 month 400 visa
For a 6 month subclass 400 visa the department of immigration will assess the following: - evidence as to the nature, size, duration and importance of the project to the local community, and any potential impacts on the business/community should the project not be able to proceed, including employment opportunities for Australian workers
the number of Australians being employed on the project and/or by the business
evidence that specialist advice/expertise from overseas is required – this may include evidence from an employment agency of a shortage of similarly qualified persons in Australia
whether there are contractual obligations relating to the installation/servicing of a piece of equipment (for example, whether the work must be installed or serviced by an overseas provider)
evidence provided by the applicant’s proposed employer that they have tried to hire an Australian to do the proposed work (for example, evidence of job search, training programmes, letter of support from relevant union)
any arrangements for an Australian worker to be trained to do the proposed work over a longer period
Information that indicates there is no time for an Australian to be trained to do the proposed work (although over a longer period this would be expected)
evidence that the applicant’s employment conditions satisfy Australian workplace standards.
In general, senior executives (such as CEOs and vice presidents) of multinational corporations who are:
based overseas with management oversight of Australian subsidiaries and
are passport holders of eligible ETA/eVisitor countries with similar work/pay conditions to Australia
are considered a low-risk caseload and may be granted a six-month stay period without further inquiry.