Is the Subclass 400 the Right Visa for Your Overseas Specialist?
The Subclass 400 Temporary Work (Short Stay Specialist) visa is built for a narrow situation: someone with highly specialised skills coming to Australia briefly to do work that finishes and does not continue. When a project genuinely fits that shape, the 400 is the right tool. When it does not, using it as a faster route around employer sponsorship tends to end in a refusal, and sometimes in a compliance problem for the Australian business as well.
This article is for Australian employers, project managers and HR teams weighing up how to bring an overseas specialist in. We go through what the criteria actually say, where the 400 stops being available, and how to tell the difference between a short project and ongoing work wearing a short project’s clothes.
What the criteria actually require
The criteria sit in Schedule 2 of the Migration Regulations 1994. For the Highly Specialised Work stream, three of them do most of the work.
Clause 400.221: “The applicant will undertake work that is highly specialised.”
Clause 400.222: “The applicant’s engagement in the work will be non-ongoing.”
Clause 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.”
Alongside those, clause 400.211 requires that the applicant has personal attributes or an employment background “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”, and that the applicant “demonstrates that there is need for the applicant to be in Australia” to do it.
That last phrase deserves a moment. The test is not that it would be convenient or cheaper to fly your specialist in. It is that there is a need for this person to be here. If the task could be done remotely, or by someone already in Australia, you are arguing uphill.
Home Affairs frames the same requirements on its Subclass 400 page as skills, knowledge or experience that “can assist Australian business”, “can’t reasonably be found in the Australian labour market”, and “will be non-ongoing”.
The three questions that decide it
Is the work genuinely highly specialised?
There is no checklist in the regulations, which means the evidence carries the weight. Home Affairs suggests showing a resume, any licences or qualifications, and a letter from the overseas employer explaining the person’s current position and duties.
The stronger applications we see do something more specific than listing credentials. They explain why this particular equipment, system, certification or proprietary knowledge cannot be sourced locally. Proprietary technology that only the manufacturer’s own engineers are certified to commission is a clean example. “Very experienced” is not, because experience is available in Australia.
Home Affairs also notes that the Australian business or overseas employer “might need to show that they have tried to find Australian workers to do the work first”, because the visa cannot be granted if it affects employment or training opportunities for Australian citizens or permanent residents. That reflects clause 400.224.
Is the engagement genuinely non-ongoing?
Home Affairs defines this plainly: “Non-ongoing work means work that is likely to be completed within 6 months or less, and you do not expect or arrange to stay in Australia after this time for any reason related to that work.”
Two limbs there, and businesses tend to only think about the first. The second limb asks about intention and arrangements. If there is an understanding that the specialist will return for phase two, or that the role becomes permanent if it goes well, the engagement is arguably not non-ongoing even if this particular visit is short. We look at this in detail in our guide to the non-ongoing requirement.
Is anyone performing?
Clause 400.223 excludes entertainers comprehensively. The applicant must not be performing as an entertainer under a performing contract or for non-profit purposes, must not be supporting an entertainer or group of entertainers, and must not be directing, producing or taking another part in a film, television or radio production to be shown or broadcast in Australia, or a theatre production, concert or recording to be performed in Australia.
If your specialist is a performer, a Subclass 400 is not available and the Subclass 408 Entertainment stream is usually where the application belongs.
The practical limits people discover too late
Several features of the 400 are inflexible, and they are easier to design around than to fix afterwards.
It is granted for up to six months. Home Affairs states the visa can be granted “for up to 6 months (depending on the circumstances)”, and adds that “Generally, for a stay period longer than 3 months, a strong business case must be provided with the application.” Anything past three months needs to be argued, not assumed.
It must be applied for and decided offshore. The applicant must be outside Australia when they apply and when the decision is made. That has a knock-on effect. Home Affairs points out that if someone travels to Australia on a different visa and that visa ends, they cannot get a bridging visa to stay while a 400 is decided.
It cannot be extended. There is no extension mechanism. A new application is required, lodged from outside Australia.
Arrival is time limited. The holder must arrive within six months of the grant date, or a lesser period specified in the grant letter.
Family cannot work or study. Home Affairs states that family members included in the application are not permitted to work or study in Australia, and the business must be able to show the family can support themselves.
The conditions that come attached
Clause 400.611 provides that where the applicant satisfied the primary criteria, conditions 8107 and 8303 must be imposed, and condition 8503 may be imposed.
Condition 8107 is the one that shapes day to day operations. Where a visa was granted to enable the holder to be employed in Australia, the holder must not cease to be employed by the employer the visa was granted in relation to, must not work in a position or occupation inconsistent with the one the visa was granted for, and must not engage in work for another person or on their own account while undertaking that employment.
In practice that means you cannot redeploy the specialist to a different site doing different work because a more urgent problem came up. The visa is tied to the activity it was granted for.
Condition 8503 is discretionary here. Where it is imposed, the holder generally cannot be granted another substantive visa while they remain in Australia, which removes any possibility of transitioning them onshore. That is worth knowing before you build a plan that depends on it.
When you should be looking at sponsorship instead
The 400 is sometimes described as a shortcut around employer sponsorship. It is not, and treating it that way is the fastest route to a refusal.
If the work is ongoing, if the role would continue after this engagement, or if the intention is that the person eventually stays, the honest answer is that you are looking at an employer-sponsored pathway rather than a short stay visa. The Skills in Demand (Subclass 482) framework exists for exactly that, and we cover it in our guide to the Skills in Demand visa and across our employer sponsorship service.
Choosing the 400 because it is quicker, then applying again when the work turns out to continue, creates a pattern that is visible to Home Affairs. Clause 400.213 requires the decision maker to consider whether the applicant complied substantially with the conditions of their last substantive visa, and repeat short stay applications for what looks like continuing work invite exactly that scrutiny.
Frequently asked questions
How much does a Subclass 400 cost?
Visa application charges change, most commonly on 1 July each year, so we do not quote a figure that may be out of date by the time you read this. Home Affairs maintains a visa pricing estimator which gives the current charge for your circumstances.
Can the specialist do a bit of other work while they are here?
Condition 8107 prevents working in a position or occupation inconsistent with the one the visa was granted for, and prevents working for another person or on the holder’s own account during that employment. So no, not without addressing the condition first.
Can we apply for a 400 while the person is already in Australia on another visa?
No. The applicant must be outside Australia when the application is made and when it is decided.
What if the project overruns?
The visa cannot be extended, and a fresh application must be made from outside Australia. If an overrun is genuinely foreseeable, that is a signal worth taking seriously at the planning stage, because it may indicate the work is not non-ongoing in the way the criteria require.
What are the most common reasons these get refused?
Vague business cases, ongoing work presented as a short project, thin evidence that the skills cannot be found locally, and weak home country ties. We go through each in why the Department refuses Subclass 400 applications.
A realistic next step
Before you commit to the 400, test the project against two sentences. Is this work highly specialised in a way you can evidence, rather than simply senior or urgent? And will it genuinely finish, with no expectation on either side that the person returns or stays for something related?
If both answers are a confident yes, the 400 is probably the right visa and the work is in building the evidence. If either answer wobbles, the sponsorship conversation is the cheaper one to have now rather than after a refusal.
If you would like the project assessed against the criteria before you lodge, you can book a consultation with our migration lawyers and we will look at the role, the evidence and the realistic alternatives.
About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is admitted as an Australian Legal Practitioner and is a Registered Migration Agent, and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
Legislative references in this article were checked against the Migration Regulations 1994 as in force on 3 August 2026. Visa rules change frequently. Always check immi.gov.au before lodging.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application.
