Does your business have urgent short-term requirements for skilled overseas workers with niche expertise? Is it crucial that your business can engage these workers from overseas for your project or business needs? The Subclass 400 Short Stay Specialist Visa, commonly known as 400 Visa to Melbourne, Australia, enables your business to engage skilled overseas workers for 3 to 6 months to complete specialised work.
It is recommended for bringing highly skilled individuals to Australia for non-ongoing work such as emergency relief, equipment maintenance and repairs, or temporary work requiring expertise not available locally.
To apply for a 400 Short Stay Specialist Visa, the applicant will need to have highly specialised skills, knowledge or experience that can’t reasonably be found in the domestic labour market. The work must be likely to be completed within the visa period (6 months or less) and must not be ongoing. The application must also show that the visa applicant is a genuine visitor who intends to stay temporarily in Australia, rather than to stay for any other matter other than their work.
As the 400 Visa is intended for highly specialised work, the applicant will need to show they have the skills, knowledge or experience by providing a copy of their resume, any relevant licenses or qualifications and a letter from their employer explaining the current position and duties.
The Australian employers must provide a contract or letter of offer. They must also provide evidence that they have tried to find Australian workers to complete the required work, and that engaging an overseas worker for the position will not affect employment or training opportunities for Australian workers.
Like for many other visas, the Department of Home Affairs requires the main applicant and any dependent family members who apply for the visa to meet specific health and character requirements. The applicants may need to have health examinations to prove they meet the health requirement. To prove that the applicants have good character, the Department may also request documents such as police certificates.
The 400 Visa applicant will also need to pay any debts to the Australian Government if funds are owed. Applicants who have had a visa cancelled or refused may be ineligible for this visa. The 400 Visa cannot be applied for from onshore, therefore the visa applicant must be outside of Australia when the application is lodged.
When applying for this visa, the applicant can include members of their family unit. However, any family members included in the application would not be allowed to work or study in Australia. If the applicant would like to include family in the application, evidence must be provided to show that the applicant and family have enough means to support themselves while in Australia.
Once granted, the 400 Visa will allow the visa holder to perform non-ongoing highly work in Australia. They are only permitted to do the work or activities for which the visa was granted.
The visa can be granted for up to 6 months but a stay period longer than 3 months must be supported by a strong business case at the time of application. Generally, this visa cannot be extended so you may wish to consider if you will need to apply for a 6 month visa upfront.
The 400 Visa may be granted with options for either single entry or multiple entries into Australia. If a multiple entry visa is granted, the visa holders can leave and re-enter as many times as desired (although international travel restrictions may apply during the pandemic). The stay period starts on the date the visa holder arrives in Australia and any time spent outside of Australia cannot be used to extend the visa. The visa applicant also cannot prolong their stay by extending this visa.
Our migration agents would be happy to assess your candidate’s eligibility to undertake short-term work for your business through a Subclass 400 Visa. We begin by reviewing a copy of your candidate’s resume including their skills, experience, and qualifications and then advise on the options available and the requirements for applying. During a consultation, our migration agent will also provide advice on any visa conditions that you may need to be aware of so that you can make a more informed decision. After the consultation, you can choose to engage our services to manage the visa application and receive ongoing advice on how to prepare the evidence requirements. Our migration agents regularly assist business clients with 400 Visas and understand the importance of ensuring the process is as smooth and efficient as possible – especially for urgent requirements.
If you would like to understand your business’ options for its labour needs, we encourage you to get in touch with Interstaff’s Registered Migration Agents. Phone our Melbourne Office on 03 8319 0902 or on +61 8 9221 3388 (International).
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