THE AUSTRALIAN FORUM FOR TEXTILE ARTS, LTD. (TAFTA): a not-for-profit arts company ABN 45 010 711 305 Registered for GST Postal: TAFTA, P.O. BOX 38 THE GAP Q4061 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. 1 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. . 2 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 3
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