Checklist for Intending Overseas Tutors coming to Australia

THE AUSTRALIAN FORUM FOR TEXTILE ARTS, LTD.
(TAFTA): a not-for-profit arts company
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Street: 159 Payne Road, THE GAP Q4061
PH (07) 3300.6491 or +61.7.3300.6491 from overseas
Mob: 0432 492 728
JANET DE BOER, O.A.M.
Chief Executive Office (CEO) & Editor of
TEXTILE FIBRE FORUM MAGAZINE
launched by TAFTA and now
owned and operated by ArtWear Publications
EMAIL address: [email protected]
Internet: www.tafta.org.au
A short-form Checklist for Overseas Specialists & Inviting Organisations
RE: the TEMPORARY WORK (Short Stay Activity)VISA (Subclass 400) (#400 Visa)
Disclaimer 1) The information contained here is provided for information purposes only and does not guarantee any particular outcome;
2) the information in this document is not a substitute for professional advice specific to your circumstances. We recommend you exercise
your own judgment and carefully evaluate the material in this document; 3) the information is current as at the date of providing this
document, however, please note that because legislation and/or policy is subject to change without notice the information may no longer
be correct for the addressee’s circumstances at the time of receipt; and 4) we recommend you check the relevant department’s website for
the latest information. The Board of Directors of TAFTA.
o
I am aware I should do my own research on the website: http://www.immi.gov.au/visas/temporary-visa/400/
o
I am aware that an e-visitor visa is not correct for someone from overseas (who is not an Australian citizen) receiving
remuneration for activities conducted in Australia.
o
I am aware that, for Immigration purposes, New Zealanders do not need a ‘Work Visa’ to work in Australia and that
any income derived from work is subject to the taxation laws of Australia & New Zealand.
o
I am aware that in most cases the Temporary Work (Short Stay Activity) Visa (Subclass 400) – hereafter referred to in
this document as ‘#400 visa’ is the correct one to apply for and this can only be done 3 months ahead of intended
arrival in Australia by the overseas visitor.
o
I am aware that at least one month needs to be allowed for a #400 visa to be processed by Australian Immigration; and
that the person applying for the #400 visa must be outside Australia when the visa is applied for and when it is
decided.
o
I am aware the #400 visa has replaced previous kinds of Business Visitor Visas such as the #456.
o
I am aware that cost of a #400 visa in the latter part of 2013 was AUD$165 and this visa is applied for online and can be
paid for by credit card. (And I know to check regularly to ascertain if that remains the current cost).
o
I am aware that once the #400 visa is granted it must be used within three months of being decided.
o
I am aware that under the terms of the #400 visa the applicant can usually stay in Australia for up to six weeks (but it
can be up to three months in some cases). A stay longer than six weeks under the terms of the #400 visa should be
understood as requiring extra justification (uploading of relevant documents).
o
I am aware that the applicant cannot accept any salary, wages or other remuneration for participating in the event
other than:
 Appearance Fees and Allowances
 Prize Money
 Expenses: Reimbursement for your reasonable expenses of doing an activity
o
I am aware that Appearance Fees can be interpreted to mean short-term, highly specialised, non-ongoing work for
participation in non-ongoing cultural or social activities at the invitation of an Australian organisation.
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o
I understand what is meant by an Inviting Organisation per what is set out below and that the Australian Business
Number of the Inviting Organisation (or Company Number) must be provided as part of the application process.
(See further clarification here).
Applicants applying for the Temporary Work (Short Stay Activity) visa (subclass 400) are able to be invited or
to be undertaking work for one or more organisations while in Australia.
If the applicant is being considered in the Invited Participant stream, each Inviting Organisation would need to
be identified in the visa application and a letter of invitation from each organisation may be required to be
uploaded as part of the application process. In the ‘Event details’ section of the application, both the paper and
online form allow the applicant to include more than one event and associated organisation’s details.
The Inviting Organisation must be directly responsible for the event or have a formal role in preparing for, or
conducting, the event. This could be the main organising body or a partner organisation, provided they are a
lawfully operating organisation and formally involved in preparing for or running the event/s. Applicants in this
stream are not able to receive remuneration in Australia for participation in the event other than reimbursement of
reasonable expenses, appearance fees or prize money.
Under policy, an event may be a one-off engagement of the applicant, or a short series of engagements that are
clearly concluded within the period of stay requested (normally up to six weeks). This must be in keeping with the
non-ongoing requirement. Applicants are required to fully describe in their application the nature of the events, the
dates of the events and their role in those events. To repeat: The #400 visa allows for an invited individual to
participate in a number of events. The events do not need to be in the same physical location.
The Inviting Organisation should have an ACN (Australia Company Number) and/or an ABN (Australian Business
Number). Where there is no ACN or ABN (or if an individual is issuing the Invitation and has no ABN) – then another
organisation with an ACN or ABN should take responsibility for this appearance by the applicant so there is a
lawfully operating Inviting Organisation in charge.
o
I understand that an overseas applicant who has been granted the online #400 Visa must carry printed
paperwork with them when commencing the journey to Australia as the Letter(s) of Invitation can be requested
by Customs officials and if the applicant does not have ‘hard copy’ they can be refused the right to embark on their
flight and may need to re-schedule until the printed paperwork can be obtained.
o
I understand there is a Multiple Entry Visa option and that if multiple entry to Australia is required, this should be
stated in the application with any reasons and supporting material. (If there is no room on the form, the request
can be lodged as a letter or as appropriate). If the request is reasonable, it would normally be granted.
Clarification: in some cases, invited persons may wish to leave and reenter Australia, for example those wishing
to spend some time in New Zealand in the middle of an intended stay in Australia. The Temporary Work (Short
Stay Activity) visa (Subclass 400) may be granted as a single entry, or a multiple entry visa, based on what is
requested and reasonable in the circumstances.
RE: UPLOADING DOCUMENTS SECTION of The #400 Visa Online Application form
o I understand that if I travel under a name (passport) that is different from my professional name (the
name that will appear on any letters of invitation from Inviting Organisations or other documents in my
possession) that I must obtain a notarized copy of all ‘picture’ documents that confirm both names, and
upload these when submitting my visa application.
o
I understand that as part of the visa application process I will be provided a list of suggested documents to
upload with the application. I understand I do not necessarily have to upload all documents on this list
(the exception being proof of identity if I operate under more than one name, see paragraph above).
o
I understand that my Visa application process may proceed more quickly if I upload the following: all
Letters of Invitation from Inviting Organisations and my Biography (short form) that establishes my
special qualifications. This is suggested as important for all applicants to do in the first instance.
o
I understand that if I am applying for the #400 visa under the Multiple Entry proviso; or for a stay of
longer than 6 weeks, it may expedite the application process if I upload evidence of paid airfares for entry
into and exit(s) from Australia.
.
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If you or your organisation is The Employer: The invited person is required to present a copy of their Temporary Work
(Short Stay Activity) visa (Subclass 400) to the Inviting Organisation prior to taking part in the event. See next page.
ADVICE TO THE EMPLOYER
Checking who can work
If the Invited Participant is not an Australian or New Zealand citizen, the Inviting Organisation can ask for
consent to check their visa details on Visa Entitlement Verification Online (VEVO) at www.immi.gov.au/vevo
You will need to register online before you can access VEVO for the first time.
Follow the steps to perform a check.
Did VEVO confirm they can work? (refer to Yes and No answers below)



Yes, limited. This person has limited work rights and can only work for you within these limitations. If you are
unsure about what the limitations mean, phone the Employers Immigration Hotline on 1800 040 070.
No. You cannot employ this person at this time. Advise the person to go to the nearest Department of
Immigration and Citizenship office to enquire about the visa conditions or status.
www.immi.gov.au/legalworkers
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