The Subclass 400 Visa Temporary Work (Short Stay Specialist) Visa is an Australian visa designed for people who want to travel to Australia temporarily to do short-term, highly specialised, non-ongoing work that cannot reasonably be performed by an Australian worker.
Though the 400 Visa is an individual application and it is not a sponsored visa, an individual can only be granted the Visa with the support and endorsement by an Australian business. The Australian business must demonstrate a strong business case to justify why the individual is genuinely needed for work.
So how can a business get the desired skilled worker via 400 Visa? Let us dissect the Visa using a case scenario.
“Winter is coming, and a ski resort is having serious problems seeking skilled staff to run the dining. Given the job is merely seasonal, it is extremely difficult to find skilled chefs to come to the remote ski resort to work for only 3 months or so. Luckily, the owner just got connected with 2 offshore chefs – who are skilled and happy to move. “
As mentioned, the 400 Visa is designed for circumstances that are short-term, highly specialised, non-ongoing work and cannot reasonably be performed by Australian workers.
Accordingly, the business and the candidate should prepare the application targeting these key points.
Short-term and non-ongoing
First, a fixed-term contract for a short duration (e.g., three months) would be a good starting point. This clearly demonstrates that the work is non-ongoing and time-limited, which aligns with the visa’s requirements. The contract should specify the duration of employment, the specialised skills required, and the tasks the chefs will perform. Further, the contract should also set out the conditions and terms in line with relevant Australian employment laws.
Highlight the Specialised Skills
The business should provide detailed evidence of why the chefs’ skills are specialised and essential for the role. For instance:
- Mention their expertise in preparing specific cuisines required for the ski resort’s dining experience.
- Outline how the chefs’ skills directly align with the resort’s needs, such as handling high-pressure service during peak ski season or catering to international guests with diverse dietary preferences.
- Demonstrate that such skills are not readily available in the local labor market, particularly in the remote location of the ski resort.
Demonstrate Recruitment Efforts
To prove that the work cannot reasonably be performed by an Australian worker, the ski resort should provide evidence of failed local recruitment efforts:
- Job advertisements placed on local job boards, recruitment websites, and newspapers.
- Evidence of interviews conducted with local candidates and the reasons they were deemed unsuitable or unavailable for the role.
- Letters or feedback from recruitment agencies confirming the difficulty of finding skilled chefs for a short-term, seasonal role.
Based on the above, the application then can be supported by documents. These may include:
- A letter of endorsement from the ski resort: This letter should emphasize the necessity of hiring the chefs, outline the temporary nature of the work, and explain how their specialized skills will meet the resort’s needs.
- Business case justification: The business should prepare a formal document explaining:
- The seasonal nature of the work.
- The resort’s operational challenges during peak season.
- How the chefs will contribute to the success of the resort for the defined period.
- Evidence of the chefs’ qualifications and experience: This includes resumes, culinary certifications, and references from previous employers.
As we mentioned earlier, even if the visa application is an individual application, to get the visa successfully approved, both the employer and the employee should work on the supporting documents together.
We hope this case study can give you a better understanding of 400 Visa, and what a business can do to acquire the skilled worker using this Visa.