The Subclass 408 Temporary Activity visa for Australia allows you to come to Australia to do specific types of work on a short-term, temporary basis. Item 1237 sets out the requirements for making a valid Subclass 408 visa application. There are alternative lodgement arrangements allowed in limited circumstances as set out in the legislative instrument. There are ten activity types under the Subclass 408 visa to Australia.
An applicant seeking to enter Australia sponsored or supported by an organisation or organisations to participate in an event or events listed in the relevant instrument will be entitled to a nil or partial VAC concession. If, however, the applicant is seeking to engage in activities additional to those listed in the relevant instrument, then they will be liable for the standard VAC.
For example – for an entertainer supported by an Australian charity to perform in a charitable event that is listed in the nil VAC Instrument then no VAC is payable. If the entertainer is seeking to perform in another event during his or her stay where the organiser is not listed in the nil VAC Instrument, then the performer will be required to pay the full VAC.
Location of applicant at time of application
Item 2 in the table provides that Class GG applicants may be in or outside Australia but not in immigration clearance.
Requirement for certain applicants to be sponsored
Item 3 in the table provides that:
- If an applicant is seeking to satisfy primary criteria (with the exception of applications made under the Australian Government Endorsed Event activity type), and
- Either the applicant:
- is in Australia, or
- is outside Australia and states on the application form that the proposed length of stay in Australia exceeds 3 months;
The application must meet the sponsorship requirements in subitem 1237(4) or (5).
Subitem 1237(4) allows for a temporary activities sponsor. It requires that an application specifies a person who has agreed to be the applicant’s sponsor in relation to the application, and the person is a temporary activities sponsor or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided.
Declaration in relation to provision of a benefit in return for sponsorship
Item 6 of the table in subitem 1237(3) provides that an applicant seeking to satisfy the primary criteria must declare in the application whether or not the applicant and any person who has made a combined application with the applicant has engaged in conduct in relation to the primary application or the combined application that constitutes a contravention of subsection 245AS(1) of the Act. Subsection 245AS(1) provides that a person contravenes this subsection if they offer to provide, or provide, a benefit to another person in return for the occurrence of a sponsorship-related event, which includes agreeing to be the visa applicant’s sponsor.
Combined applications by families
Subitem 1237(6) provides that an application by a person claiming to be a member of the family unit of a person who is an applicant for a Class GG visa may be made at the same time and place as, and combined with, an application by the primary applicant or any other member of the family unit who claims to be a member of the family unit of the primary applicant.
The primary applicant and secondary applicant(s) do not need to be in the same location (onshore or offshore) at the time of application if a combined application is made.
The sponsorship test and the support test
The general position for each activity type in the Subclass 408 visa is that there is:
- ‘a sponsor’ who passes the sponsorship test in relation to the applicant; or
- ‘a supporter’ who passes the support test in relation to the applicant where the application is made offshore and the proposed period of stay is up to 3 months.
Different activity types have different requirements specified for sponsors and supporters.
For example:
- For the Sports activity type the supporter/sponsor must be the relevant sporting organisation;
- The Entertainment activity type requires an eligible sponsor or ‘eligible supporter’, which are defined in clause 408.229A.
The exception to the general position is the AGEE activity type, which has no requirement for a sponsor or supporter.
Categorisation of Activity Types
The Schedule 2 requirements for the Subclass 408 visa lists 21 different categories of eligibility.
For the purposes of simplified program management and to assist stakeholders in understanding the eligibilities more easily, a number of them are grouped together, consistent with past temporary visa practice, as follows:
The Temporary Activity subclass 408 visa Australia allows you to come to Australia to do specific types of work including activities such as social, cultural and research activities, and international events on a short-term, temporary basis.
The visa process is governed by relevant law as set out in the Migration Act 1958. Many of the requirements in the Act are expressed in objective terms and do not allow any discretion for decision-makers. To the extent that the Act so allows for discretion, decision-makers may give due consideration to the Department’s approved policy (policy and procedures do not have the force of law) and procedures where relevant and appropriate in decision making and to avoid arbitrary outcomes.
There are ten (10) activity types under the Subclass 408 visa as follows.
- Invited Participant in an Event
- religious, academic, and visual arts events;
- overseas sporting competitors and their entourage participating in sporting events in Australia;
- conferences, conventions and trade fairs, including situations where, for reward from the Australian event organisers, the applicant will be actively contributing to the event (eg. making presentations).
- Sport
- Sports trainee
- Elite player, coach, instructor or adjudicator
- Religious Worker
- Domestic Worker
- Superyacht Crew
- Research
- Research
- Research (student)
- Staff Exchange
- Special Programs
- Youth exchange program
- School to School Interchange Program
- School Language Assistants Program
- Other program.
- Entertainment Activities
- Performing in film or television production subsidised by government
- Performing in film or television production not subsidised by government
- Performing in productions not related to film or television
- Production roles other than as a performer
- Support staff for profit
- Non-profit engagements
- Documentary program or commercial for overseas market
- Australian Government Endorsed Event
- Requirement for certain applicants to be sponsored
New COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa
Invited Participant in an Event
This activity type provides for unsponsored entry of offshore applicants for up to three months for persons invited to participate in social and cultural activities associated with community-based events. These include, but are not limited to:
- religious, academic, and visual arts events;
- overseas sporting competitors and their entourage participating in sporting events in Australia;
- conferences, conventions and trade fairs, including situations where, for reward from the Australian event organisers, the applicant will be actively contributing to the event (eg. making presentations).
Entry must be supported through a letter of invitation by an Australian organisation.
Entertainment industry activities are managed separately under the Entertainment activity type (see below).
An onshore application may also be made in relation to this activity, however, the application must be sponsored by an eligible temporary activities.
Sport
The Sport activity type enables the entry of:
- sportspersons or adjudicators who are seeking to enter or remain in Australia to participate in sport (play, coach or adjudicate) for an Australian sporting organisation. The sportsperson must be skilled at the Australian national level (or equivalent) and endorsed by the peak sporting body responsible for the sport in Australia or overseas ; and
- elite level sports trainees (including adjudicators), or those on an elite training pathway, who have been invited to engage in a high-level full time sports training program. The sports training organisation delivering the program must not be a sporting club that is primarily engaged in sporting competitions below the national level.
Alternative visa arrangements are available, as follows:
Contracted professional players
alternatives for fully professional sportspersons (including adjudicators) contracted to an Australian sporting club or organisation for competition at the national level, are the Short Stay Specialist (Subclass 400) for short stays, or the Temporary Skill Shortage (Subclass 482) visa for longer stays.
Religious Worker
The Religious Worker activity type provides for the temporary entry of persons who will be full-time religious workers in Australia. Religious work is work of a devotional nature for which the applicant has had relevant religious training. It includes providing spiritual leadership, conducting worship and ministering, pastoral care or proselytising. The religious work must be predominantly non-profit in nature and must directly serve the sponsoring organisation’s religious objectives.
Non-government schools that have a religious ethos are not religious institutions so are unable to sponsor religious workers. However, a religious worker sponsored by a religious organisation associated with the school is able to provide religious services to the school within their broader range of duties agreed with the sponsor.
Alternative visa arrangements may be available, as follows.
Volunteers
persons at the start of a religious life who want to volunteer in a monastery or other religious institution before undertaking formal religious training or tertiary study may be eligible for the Special Program activity type.
Training and study
some persons who want to undertake a formal religious training program, may be eligible for a Training (Subclass 407) visa. Persons undertaking full-time courses registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) may be eligible for a student visa.
Labour agreement
entry of Ministers of Religion under a labour agreement may be suitable if an agreement is in place between the religious organisation and the Commonwealth.
Short stay
persons intending a short stay (less than 3 months) to lecture or speak at religious events, or otherwise deliver religious instruction, can apply under the Invited Participant activity type of this visa.
Domestic Worker
The Domestic Worker activity type provides for the temporary entry of persons to be employed as domestic workers by:
- certain Temporary Work (Skilled) (Subclass 457) visa or Temporary Skill Shortage (Subclass 482) visa holders who are senior executives of overseas organisations; or
- certain holders of International Relations (Subclass 403) visa in the Privileges and Immunities stream .
Australian Government policy does not, in general, allow domestic workers temporary entry to Australia. Such entry is not compatible with the temporary residence objective of encouraging the entry of persons who can make a contribution to Australia by transferring skills to the local workforce, while protecting training and employment opportunities for Australians.
However, the Domestic Worker activity type exists as a concession, recognising the representational and entertainment responsibilities of certain senior executives while working in Australia.
Superyacht Crew
The principles that underpin the entry of superyacht crew (SYC) include:
- Streamlined and efficient application processing;
- Superyacht crew only undertake work that is consistent with the usual operational requirements of their vessel.
The main objective of the SYC activity type is to provide greater flexibility for the superyacht industry. Streamlined application processing is available to all crew members who do not raise any security, health or serious character concerns.
Research
This activity type is for:
- academics with significant achievement in their field of endeavour who are invited to observe or participate in a research project by an Australian tertiary or research institution; or
students or recent graduates (within 12 months before application) who wish to undertake a research activity at an Australian tertiary or research institution that is related to their field of study.
Staff Exchange
The exchange activity type is intended to facilitate the entry of skilled persons under genuine one-for-one exchange arrangements that identify a reciprocal employment placement for Australian residents to work with overseas organisations, promoting international understanding and cooperation. The purpose of the exchange arrangement must be primarily to benefit the exchange staff involved and not to circumvent skilled employment requirements under the Temporary Skill Shortage (Subclass 482) visa.
Special Programs
This activity type is for persons who have been invited by an approved sponsor to participate in:
- School language assistants program (SLAP)
- School to school interchange program (SSIP)
- a youth exchange program based on cultural drivers, for which both the organisation and the program have been approved by the Secretary; or
a cultural enrichment or community benefit program, where both the organisation and the program have been approved by the Secretary
Australian Government Endorsed Event
Eligibility for the Australian Government Endorsed Events (AGEEs) activity type is based on the Minister listing major Australian events in a legislative instrument. The instrument also includes the classes of persons eligible under this activity type. They must be invited by the event organiser.
This allows the Department to manage most, if not all, visa applications associated with an AGEE through a single visa pathway. The visa criteria are streamlined to take into account that the event and the activities associated with the event have already been assessed and approved by the Department. Visa applicants continue to be subject to genuine temporary entry requirements and other standard Subclass 408 criteria.
Requirement for certain applicants to be sponsored
- If an applicant is seeking to satisfy primary criteria (with the exception of applications made under the Australian Government Endorsed Event activity type), and
- Either the applicant:
- is in Australia, or
- is outside Australia and states on the application form that the proposed length of stay in Australia exceeds 3 months;
The application must meet the sponsorship requirements.
The relevant regulation requires that an application specifies a person who has agreed to be the applicant’s sponsor in relation to the application, and the person is a temporary activities sponsor or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided.
COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa
Legislative Instrument – F2020L00409 -LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020
This Instrument specifies the COVID-19 pandemic as declared by the World Health Organization on 11 March 2020, as an event for paragraph 408.229(b) of Schedule 2 to the Regulations.
The Instrument also specifies the class of persons for the purposes of paragraph 408.229(c) of Schedule 2 and subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations.
The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.
Criteria
- Must hold a visa that is 28 days or less from ceasing to be in effect
- Or, held a visa that is no more than 28 days from ceasing to be in effect
- And, are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa
- Must be part of response to workforce shortages during the COVID-19 pandemic in relation to areas including, but not limited to, agriculture, aged care and public health.
- Allow holders of temporary visas who are engaged in or have the relevant skills to undertake critical work relating to supply of essential goods and services
VAC
- Nil
The Instrument commenced the day after it was signed 4 April 2020.
Sources:
https://immi.homeaffairs.gov.au/
https://www.legislation.gov.au/Details/F2020L00409/Download
https://www.mia.org.au/
UPDATE – Temporary Activity (subclass 408) COVID-19 Pandemic event visa changes
On 2 March 2022, Minister Hawke announced changes to the subclass 408 Australian Government Endorsed Event (AGEE) COVID-19 Pandemic event, which included expanding the visa beyond key sectors to allow work in all sectors.
Temporary visa holders with work rights will be able to access the Pandemic event visa for nil Visa Application Charge (VAC) for a period of 6 or 12 months if they work in any sector of the Australian economy.
The length of stay granted to applicants under the revised Pandemic event visa arrangements is based on meeting certain eligibility requirements. Applicants applying to work in:
- The Commonwealth Aged Care sector may be granted a visa of up to 12 months to remain and work in that sector.
- A key sector (aged care, agriculture, child care, disability care, food processing, health care and tourism and hospitality) may be granted a visa of up to 12 months to remain and work in any of those key sectors.
- Any other sector may be granted a visa of up to 6 months to remain and work in those sectors.
The new arrangements will only be available for Pandemic event visa applications made on or after 21 February 2022 by:
- Temporary visa holders who were in Australia prior to 21 February 2022; as well as
- Temporary visa holders who arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application.
Applicants will need to provide evidence at time of application that they are employed in Australia or have a job offer to work in Australia.
Applicants will only be eligible for this visa if they apply within 90 days of their substantive visa expiring, or if their last substantive visa has already expired, within 28 days after it expired.
Those who apply on or after 21 February 2022 will no longer be eligible for visa grant on the grounds of being unable to depart Australia due to COVID-19 travel restrictions.
Information on these new arrangements will be published on the Pandemic event visa webpage as soon as they are finalised.