Subclass 400—Temporary Work (Short Stay Activity)

 
 

400.1—Interpretation

400.111

In this Part:

event means an event to which an application for the grant of a Subclass 400 visa relates.

non‑ongoing, in relation to a person’s proposed participation in an event, or a person’s proposed engagement in an activity or work, means participation or engagement in the following circumstances:

(a)  the event, activity or work is likely to be completed within a continuous period of 6 months or less;

(b)  the person:

(i)  has not been given an expectation of staying in Australia, for a purpose relating to the event, activity or work, after the end of that period; and

(ii)  has not made arrangements to stay in Australia, for a purpose relating to the event, activity or work, after the end of that period.

400.2—Primary criteria

Note:          The primary criteria for the grant of a Subclass 400 visa include criteria set out in streams.

An applicant must satisfy the criteria in Subdivision 400.21 and also in one of Subdivisions 400.22 to 400.24.

An application for a Subclass 400 visa will be assessed against as many streams as necessary, whether or not the applicant specifies a particular stream in the application. The criteria in Subdivisions 400.22 to 400.24 will be used in turn as primary criteria for the grant of the visa as the application is assessed.

The primary criteria must be satisfied by at least one member of a family unit.

The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

All criteria must be satisfied at the time a decision is made on the application.

400.21—Common criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 400 visa.

400.211

(1)  The applicant has personal attributes, an employment background, or both, that are relevant to, and consistent with, the nature of the applicant’s proposed participation in an event, or proposed engagement in an activity or work.

(2)  The applicant demonstrates that there is need for the applicant to be in Australia to participate in the event, or engage in the activity or work.

400.212

(1)  The applicant does not intend to engage in any course:

(a)  leading to the completion of a primary or secondary education program; or

(b)  leading to a degree, diploma, trade certificate or other formal award.

(2)  The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.

400.213

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

(a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b)  whether the applicant intends to comply with the conditions to which the Subclass 400 visa would be subject; and

(c)  any other relevant matter.

400.214

The applicant has:

(a)  adequate means to support himself or herself; or

(b)  access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

400.215

(1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.

(2)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

400.216

The applicant satisfies special return criteria 5001, 5002 and 5010.

400.22—Criteria for Highly Specialised Work stream

Note:          These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Highly Specialised Work stream.

400.221

The applicant will undertake work that is highly specialised.

400.222

The applicant’s engagement in the work will be non‑ongoing.

400.223

The applicant:

(a)  will not be performing as an entertainer in Australia:

(i)  under a performing contract; or

(ii)  for non‑profit purposes; and

(b)  will not be supporting an entertainer or a group of entertainers in Australia; and

(c)  will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and

(d)  will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.

400.224

The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

400.23—Criteria for Invited Participant stream

Note:          These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Invited Participant stream.

400.231

(1)  The applicant has been invited to participate in an event by an organisation that is lawfully operating in Australia.

(2)  The organisation:

(a)  is directly responsible for the event; or

(b)  has a formal role in preparing for, or conducting, the event.

(3)  If requested by the Minister, the applicant has produced a copy of the invitation to participate in the event.

400.232

The applicant’s participation in the event will be non‑ongoing.

400.233

The applicant:

(a)  will not be performing as an entertainer in Australia:

(i)  under a performing contract; or

(ii)  for non‑profit purposes; and

(b)  will not be supporting an entertainer or a group of entertainers in Australia; and

(c)  will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and

(d)  will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.

400.234

The applicant will not receive a salary, wages or other remuneration from participation in the event, other than:

(a)  an appearance fee; or

(b)  prize money for participating; or

(c)  reimbursement for reasonable expenses that would be incurred by the applicant; or

(d)  payments made by a person who is overseas and employs the applicant.

400.235

The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

400.24—Criteria for Australia’s Interest stream

Note:          These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Australia’s Interest stream.

400.241

(1)  There are compelling circumstances that:

(a)  affect Australia’s interests; and

(b)  require the applicant’s entry to and stay in Australia.

(2)  The applicant will participate in an event, or engage in an activity or work, that relates directly to those circumstances.

400.3—Secondary criteria

Note:          These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

400.31—Criteria

400.311

The applicant:

(a)  is a member of the family unit of a person who holds a Subclass 400 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b)  made a combined application with that person.

400.312

(1)  The applicant does not intend to engage in any course:

(a)  leading to the completion of a primary or secondary education program; or

(b)  leading to a degree, diploma, trade certificate or other formal award.

(2)  The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.

400.313

The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:

(a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b)  any other relevant matter.

400.314

The applicant has:

(a)  adequate means to support himself or herself; or

(b)  access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

400.315

(1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.

(2)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

400.316

The applicant satisfies special return criteria 5001, 5002 and 5010.

400.4—Circumstances applicable to grant

400.411

The applicant must be outside Australia when the visa is granted.

400.5—When visa is in effect

400.511

Temporary visa permitting the holder:

(a)  to travel to and enter Australia, within 6 months after the date of the grant of the visa; and

(b)  to remain in Australia for:

(i)  6 months after first entry; or

(ii)  a lesser period specified by the Minister; and

(c)  to travel to and enter Australia, during the period mentioned in paragraph (b):

(i)  once only; or

(ii)  if the Minister specifies—more than once.

400.6—Conditions

400.611

If the applicant satisfied the primary criteria for the grant of a Subclass 400 visa:

(a)  conditions 8107 and 8303 must be imposed; and

(b)  condition 8503 may be imposed.

400.612

If the applicant satisfied the secondary criteria for the grant of a Subclass 400 visa:

(a)  conditions 8101 and 8303 must be imposed; and

(b)  condition 8503 may be imposed.

This Subclass 400—Temporary Work (Short Stay Activity) properly planned can be a stepping stone to a business visa or even a subclass 457 visa.

Barbara DavidsonSubclass 400—Temporary Work (Short Stay Activity)