Temporary Work Activities - 400, 407 and 408 Visas

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@johnschno

Temporary Work (Short Stay Specialist) 400 Visa

The 400 visa is a temporary visa for those needing to perform highly specialised work in a short-term capacity, or is in Australia’s interests. The visa can be valid for up to 2 years and no sponsorship or nomination applications are required. The 400 visa requires the holder to continue working in the activities described in their application.

Highly Specialised Work Stream

Highly specialised work would generally require the applicant to show that they have a skill set that is difficult to find anywhere in Australia and which is needed by their prospective Australian employer.

The key aspect here is that the work cannot be in an ‘ongoing’ capacity. Generally, the Department would expect the project to take up to 3 to 6 months.

In Australia’s Interest

The applicant would need to show that the work required by the employer covers compelling circumstances impacting Australia’s interests, for example major disasters, impact on diplomatic trade, or there would be a significant benefit provided to Australia.

Training 407 Visa

The 407 visa is a temporary visa allowing eligible sponsors to nominate an individual to undertake occupational training or professional development. This visa is valid for up to 2 years and requires the visa holder to be performing in only the activities described in their visa application.

There are three streams within this program:

  • Workplace based occupation training: An eligible occupation is nominated and applicants would be required to have either studied or worked in this occupation for at least 12 months in the 24 months prior to lodgement,

  • Training for capacity building overseas: This is an option for students who are need to finish an internship as part of their studies, or applicants participating in a professional development training programme in Australia, or government supported workplace trainees.

  • Work-based training for registration: Applicants looking to obtain registration/licencing as part of their occupational requirements

General Criteria - 407 visa

In each of the above streams, the visa applicant will be required to demonstrate they:

  • are at least 18 years of age

  • have Functional English

  • have private health insurance

  • have sufficient funds to support themselves in Australia

  • meet health and character requirements

Temporary Activity 408 Visa

The 408 visa is a temporary visa that is valid for up to 2 years. It allows specific types of short-term activities in the following areas:

  • Australian Government endorsed events, including the (coronavirus) covid-19 pandemic

  • Invited Participants

  • Sports

  • Religious Worker

  • Domestic Worker

  • Superyacht Crew

  • Research

  • Staff Exchange

  • Special Program

  • Entertainment

The sponsorship from the nominating employer is typically required unless the applicant is already overseas and looking to stay in Australia for no more than 3 months. Otherwise, the visa applicant must be nominated by an Australian citizen, Australian permanent resident or organisation.

The common visa criteria is similar to the 407 visa and again, 408 visa holders must be undertaking the activities described in their application.

Temporary Activity 408 - “Pandemic” or “Covid” visa

The Temporary Activity 408 Pandemic visa allows eligible visa applicants to remain in Australia for up to 12 months, often, with full work rights. To qualify:

  • Be in Australia at the time of lodgement

  • Have evidence of employment or a job offer

  • Hold a substantive visa with work rights, that expires in 90 days or less, or that has already expired no more than 28 days ago

  • For those who arrived in Australia from 21 February 2022 onwards: you must hold a substantive visa with work rights (job offers from Commonwealth funded aged care services are exempt).

Temporary Graduate 485 Visa - Eligible for 408 Covid Visa

Some Temporary Graduate 485 holders whose visa expires between 1 September 2022 and 1 July 2023, and who were in Australia throughout the pandemic period, may qualify for a 408 Pandemic Visa with full work rights for up to 2 years.

Contact us to discuss your needs and these possible options.