Am I Eligible for the Subclass 400 Temporary Work (Short Stay Activity) (Highly Specialised Work Stream) Visa?

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Table of Contents

• Eligibility Criteria
• Australia’s Interest Stream
• Key Takeaways

The Subclass 400 Temporary Work (Short Stay Activity) (Highly Specialised Work Stream) Visa is for persons with a demonstrated need to undertake short-term, non-ongoing, highly specialised work in Australia. In general, the visa provides a pathway for professionals, managers, technicians and tradespeople with highly specialised skills, knowledge or experience that can assist Australian businesses and cannot reasonably be found in the Australian labour market.

The Subclass 400 visa is not an employer-sponsored visa. This means applicants do not need an Australian business to sponsor or nominate them. However, it is essential to note that the Department of Home Affairs (DOHA) typically expects support from an Australian business where the visa applicant intends to utilise their highly specialised skills.

Eligibility Criteria

1. Highly Specialised Work

The visa applicant must have skills, knowledge or experience of an exceptionally specialised nature that can contribute to Australian businesses. In addition, these skills or knowledge must be challenging to find within the local labour market.

To confirm the applicant meets the highly specialised criterion, DOHA may request and evaluate evidence related to the nature of the proposed work, including:

• statements from the prospective employer;
• an assessment by the relevant peak industry body, where applicable;
• evidence from a reputable employment agency; or
• input from the relevant union indicating the skills cannot be sourced within Australia.

Moreover, if the work relates to a project, DOHA may also request the following:

• a statement from the prospective employer providing information about the project’s size and duration;
• the schedule of work to be performed; and
• the number of Australians currently employed on the project or expected future Australian positions generated by the project.

There are specific restrictions regarding the types of highly specialised work eligible for the Subclass 400 visa. For example, the following categories will generally not meet the criteria, and applicants should explore alternative visa options:

2. The Highly Specialised Skill is Not Reasonably Available in Australia

Applicants must possess highly specialised skills that, while potentially available, are exceedingly rare within the Australian community, making it impractical for Australian employers to find suitable candidates. This typically implies that individuals with the required skill set are already employed and not readily accessible. Overseas contractors or Australian businesses must demonstrate to the Department that they have made diligent efforts to hire available workers in Australia.

3. Non-Ongoing Work

The work to be performed in Australia must not be ongoing. Therefore, this means the business expects to complete the work within a continuous period of six months or less. It also means the applicant is not making arrangements or given the expectation of remaining in Australia for work-related reasons after the granted period expires.

Applicants must also show that they genuinely intend to stay temporarily in Australia for the purpose for which the Subclass 400 visa is to be granted.

4. Demonstrated Need to be in Australia

Applicants must show that they have a demonstrated need to be in Australia. This entails ensuring that applicants’ personal attributes and employment history align with the nature of their intended involvement in an event or engagement in an activity or work. The applicant must demonstrate their need to be present in Australia and actively participate in the event, activity or work.

5. Adequate Means of Support

Applicants must provide evidence they can adequately support themselves throughout their stay in Australia or demonstrate access to sufficient means for this purpose. DOHA will consider various factors when assessing an applicant’s financial capacity, including:

• financial resources accessible to the applicant, including any income they anticipate receiving during their stay in Australia;
• documentation validating allowances the employer or other parties will provide the applicant; and
• any associated costs related to supporting accompanying family members during their stay, if applicable.

Furthermore, there are specific requirements and considerations for the Subclass 400 visa. Firstly, applicants must be outside of Australia when they submit their visa application. Additionally, there must be a well-documented and demonstrated need for the applicant’s presence in Australia, whether it is for: 

• participating in a project or event;
• engaging in certain activities; and 
• fulfilling highly specialised work. 

The Subclass 400 visa allows for a maximum stay of six months, though under the Migration Policy, the expected duration is often three months or less. Applicants may include their family unit in the application; however, they cannot work in Australia under this visa category. Lastly, the primary and secondary applicants must satisfy DOHA that they are of good character and meet certain health requirements.

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Australia’s Interest Stream

If you do not meet the qualifications for the Highly Specialised Work Stream but still have compelling circumstances that affect Australia’s interest, you may apply for the Subclass 400 Temporary Work (Short Stay Activity) (Australia’s Interest Stream). 

To be eligible for this stream, you must demonstrate compelling circumstances that necessitate your entry and stay in Australia. These circumstances include participation in events, activities, or work directly related to Australia’s interests. Examples of such cases include the following: 

• assisting in a disaster or emergency;
• preserving Australia’s foreign relations;
• contributing significant benefits to Australia’s business, economy, culture, or development; or 
• protecting Australia’s trade and business opportunities. 

You must also show that you have sufficient financial support and that your stay in Australia is temporary.

Under this stream, you do not need to prove that you have a highly specialised skill that is not reasonably available in Australia. Additionally, the work you engage in may be ongoing.

Key Takeaways

The Subclass 400 Temporary Work (Short Stay Activity) (Highly Specialised Work Stream) Visa is designed for individuals with highly specialised skills, knowledge, or experience who have a demonstrated need to undertake short-term, non-ongoing work in Australia to the benefit of Australian businesses. This visa is an excellent option if you need to work in Australia for a short period without requiring sponsorship.

If you are interested in the Subclass 400 visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.