The Subclass 400 visa, officially known as the Temporary Work (Short Stay Specialist) visa, is designed for individuals who wish to enter Australia for a short period to undertake highly specialised, non-ongoing work. In limited circumstances, it may also be used to participate in an activity relating to Australia’s interests.
Unlike the longer-term employer-sponsored visas (such as the TSS 482 or the new Skills in Demand visa), the 400 visa is intended for short, specific engagements where the expertise required cannot be sourced from within the Australian labour market.
This guide covers everything you need to know about eligibility, application costs, processing times, and the criteria for securing a longer (6-month) stay.
Key Features of the Subclass 400 Visa
- Purpose: For short-term, highly specialised, non-ongoing work.
- Location: You must be outside Australia when you apply and when the visa is decided.
- Stay Period: Generally granted for up to 3 months. A stay of up to 6 months may be considered in limited circumstances with a strong business case.
- Work Rights: You can only do the specific work or activity for which the visa was granted.
- Family Members: Family members can be included in the application, but they are not permitted to work on this visa.
- Cost: From AUD $430 (subject to change; additional costs apply for family members).
What This Visa Lets You Do
If granted a Subclass 400 visa, you are permitted to:
- Stay in Australia while your visa is valid (generally up to three months, or up to six months in limited circumstances).
- Perform short-term, highly specialised, non-ongoing work for which the visa was granted.
- In limited circumstances, participate in an activity or work relating to Australia’s interests.
- Bring members of your family with you to Australia, provided they meet the requirements for inclusion.
- Combine a holiday with your intended work or activity, provided the holiday is of short duration and secondary to the main purpose of your visit.
Restrictions on This Visa
Visa holders must comply with strict conditions:
- Limitations on work or activity: You may only undertake the specific work or activity for which the visa was granted.
- Course of study: Formal study is generally not permitted.
- Workplace-based training: Only the specific work outlined in your application is allowed.
- Working in the entertainment industry: Specific conditions apply; check with the Department.
- No further stay condition: Depending on circumstances, a condition may be imposed preventing you from applying for most other visas while onshore.
Am I Eligible for a 400 Visa?
To be eligible for a Subclass 400 visa, you must meet the following core requirements:
1. Invitation or Support from an Australian Organisation
You must be invited, supported, or sponsored by an organisation in Australia. This is not a formal “sponsorship” like the 482 visa, but you must provide evidence of the invitation.
Required Documentation from the Inviting Organisation:
- A letter of invitation, job offer, or contract.
- Details of your position, specific duties, or the project you will be working on.
- The proposed duration of the work.
- The reason why you are required in Australia (justifying why an Australian worker cannot do the job).
- Your employment conditions and wages (must meet Australian workplace standards).
- The applicable Australian workplace award or industry standard.
2. Specialist Skills or Expertise
You must have specialist skills, knowledge, or experience that is directly relevant to the work or activity you propose to undertake in Australia. Crucially, this expertise must be something that cannot be reasonably found in the Australian labour market.
Examples include:
- A specialist technician installing unique machinery.
- A consultant providing expert advice on a specific project.
- A freelance journalist undertaking a short media assignment.
- An expert witness attending a specific legal proceeding.
3. Genuine Temporary Stay
You must genuinely intend to stay in Australia temporarily for the specific purpose of the visa.
4. Health and Character
You must meet the standard health and character requirements for entry to Australia. You may be asked to provide police certificates or undergo a medical examination.
5. Financial Requirements
While you are in Australia, you must be able to support yourself and any accompanying family members. You may be asked to provide evidence of sufficient funds.
Length of Stay: 3 Months vs. 6 Months
The standard grant period for a 400 visa is up to 3 months. However, in limited circumstances, a stay of up to 6 months may be considered.
Criteria for a 6-Month Grant
To be considered for a 6-month stay, the applicant and the inviting organisation must provide a strong business case. The Department will assess:
| Assessment Factor | Details Required |
|---|---|
| Project Significance | Evidence of the nature, size, duration, and importance of the project to the local community, and potential impacts if the project cannot proceed. |
| Local Employment | The number of Australians employed on the project and/or by the business. |
| Genuine Skill Shortage | Evidence that specialist advice/expertise from overseas is required. This may include evidence from an employment agency confirming a shortage of similarly qualified persons in Australia. |
| Contractual Obligations | Whether there are contractual obligations relating to the installation/servicing of equipment that require an overseas provider. |
| Labour Market Testing | Evidence that the employer has tried to hire an Australian (e.g., job search records, training programs, letter of support from relevant union). |
| Knowledge Transfer | Any arrangements for training an Australian worker to perform the task over a longer period. |
| Urgency | Information indicating there is no time to train an Australian for this specific short-term need. |
| Fair Work Compliance | Evidence that the applicant’s employment conditions satisfy Australian workplace standards (e.g., via the Fair Work Ombudsman’s Pay and Conditions Tool). |
Low-Risk Cohorts for 6-Month Grants
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 generally considered low-risk and may be granted a six-month stay without extensive further enquiry.
Visa Costs and Processing Times
| Item | Details |
|---|---|
| Base Application Cost | From AUD $430 |
| Additional Applicant (18+) | Additional cost applies (check current fee schedule) |
| Additional Applicant (Under 18) | Additional cost applies (check current fee schedule) |
| Processing (75th Percentile) | 7 days |
| Processing (90th Percentile) | 24 days |
Note: Processing times are estimates and can vary based on the complexity of the case and the completeness of the application. You should allow sufficient time for processing before your intended travel date.
Fee Exemptions
You may not need to pay the application charge if you are:
- Coming to Australia to act as a representative of a foreign government.
- Listed in a legislative instrument (your inviting organisation will inform you if this applies).
Location and Travel Requirements
- Application Location: You and anyone included in your visa application must be outside Australia when the application is lodged and when it is decided.
- Visa Validity: Your visa will be valid from the date you first enter Australia, for the duration of the granted stay period.
- Travel Validity: You must arrive in Australia within six months of the date the visa is granted, or within a shorter timeframe if specified.
Including Family Members
Each family member you wish to bring to Australia must be included in your visa application.
Your family members will need to lodge their own application for this or another visa if:
- You do not include them in your visa application, or
- They wish to work in Australia (family members on a 400 visa are not permitted to work), or
- They wish to study towards a formal qualification in Australia (except a language training program).
Your Obligations
You and your family members must:
- Comply with all visa conditions and Australian laws.
- Perform only the work or activities for which your visa was granted.
- Lodge a new application if you wish to:
- Participate in a different activity than you listed in your application, or
- Work for an organisation that is not one of the organisations you identified.
Special Considerations
Domestic Workers
Important: Domestic workers (e.g., nannies, housekeepers, personal staff) accompanying their employer/family household travelling to Australia for tourism or a business visit should not apply for a 400 visa.
They should apply for the Subclass 600 Visitor visa (Tourist or Business Visitor stream) instead.
- Domestic workers must accompany their employer and have the same travel itinerary.
- Any subclass 400 domestic worker visa applications already lodged will continue to be processed under existing requirements.
Freelance Work
Some freelance work may be allowed (e.g., a freelance journalist or photographer undertaking a specific media assignment). If applying under this category, you must provide:
- A copy of your itinerary.
- Detailed evidence of the work assignment.
Workplace Rights
Workers in Australia – including visa holders with permission to work – have rights under Australian workplace law. For information on pay rates, shift calculations, leave arrangements, and notice and redundancy entitlements, refer to the Fair Work Ombudsman’s Pay and Conditions Tool (PACT) .
Step-by-Step Application Process
- Obtain Support: Secure a letter of invitation or job offer from an Australian organisation detailing the work, duration, and necessity.
- Gather Documents: Collect evidence of your specialist skills, qualifications, employment history, and financial capacity.
- Lodge Application: Apply online via the Department of Home Affairs ImmiAccount. You must be outside Australia at the time of lodgement.
- Provide Biometrics/Health: If requested, complete health examinations and provide biometrics.
- Wait for Decision: Processing is generally quick (median 7 days).
- Travel to Australia: You must arrive within the travel validity period (usually within 6 months of the visa grant date).
Frequently Asked Questions
Q: Can I apply for a 400 visa while I am in Australia?
A: No. You must be outside Australia when you lodge the application and when the visa is decided.
Q: Can I extend my 400 visa once I am in Australia?
A: Generally, no. The 400 visa is for short-term, specific purposes and usually does not permit onshore extensions. You would need to leave and apply for a new visa if further work is required, or explore a different visa subclass (like the 482/SID) if eligible.
Q: What is the difference between a 400 visa and a 482 visa?
A: The 400 visa is for short-term (up to 6 months), highly specialised, non-ongoing work. It does not require formal sponsorship (just an invitation/support). The 482 visa (now SID visa) is for longer-term employment (up to 4 years), requires a formal sponsor, and has a pathway to permanent residency.
Q: Can I bring my family? Can they work?
A: You can include family members in your application. However, they are not permitted to work on a 400 visa. They may have limited study rights, but this should be confirmed on the visa grant.
Q: Do I need a skills assessment or English test?
A: No. The 400 visa does not generally require a formal skills assessment or English language test, as it is based on the recognition of your specialist expertise by the inviting organisation.
Q: What happens if I want to change activities or employers?
A: You will need to lodge a new application for this visa if you wish to participate in a different activity or work for a different organisation.
Need Assistance with a 400 Visa Application?
Navigating the requirements for a “strong business case” or ensuring your invitation letter meets Department standards can be challenging. If you are an organisation needing to bring specialist talent to Australia quickly, or an individual with a short-term assignment, we can help.
Contact us to book a consultation with a Registered Migration Agent. We can review your supporting documents and help ensure your application is processed smoothly and without delay.
