Two of the principal temporary visa pathways commonly used for overseas researchers are: the Subclass 400 (Temporary Work – Short Stay Specialist) visa and the Subclass 408 (Temporary Activity) visa. While both pathways may be available to overseas researchers and academics, they serve distinct purposes and carry different eligibility requirements.
Selecting the Appropriate Visa Pathway
As a general proposition, where a proposed stay has the primary purpose of research, academic collaboration, or an invited social or cultural activity, the Subclass 408 visa is the recommended pathway. The Subclass 400 visa is more appropriately engaged where the applicant’s activities constitute highly specialised work that falls outside the scope of the Subclass 408 activity types.
Where the primary purpose of the visit is research collaboration, the Research Activities stream of the Subclass 408 visa will generally be the appropriate pathway. Departmental policy also allows eligible offshore applicants staying for three months or less to be supported by an institution without formal sponsorship, making the Subclass 408 particularly suitable for many short-term research visits.
Subclass 408 Visa – Research Stream
The Research stream of the Subclass 408 visa is intended for two distinct categories of applicants: established academics invited to participate in Australian research projects, and international students or recent graduates undertaking research activities closely related to their overseas course of study. The Research Activities stream is governed by Subdivision 408.2, with clause 408.226 containing the specific stream criteria.
Academic Applicants
This stream applies to applicants who seek to enter or remain in Australia to observe or participate in an Australian research project at a lawfully operating Australian tertiary or research institution, in collaboration with academics employed by that institution.
To be eligible under this stream, the applicant must:
- Be currently employed, or have formerly been employed, as an academic at a tertiary or research institution; and
- Hold a significant record of achievement in their field of endeavour.
For the purposes of this stream, the term “academic” is interpreted broadly. Eligible titles include professor (including emeritus and adjunct), associate professor, assistant professor, senior lecturer, and lecturer, as well as persons holding equivalent positions at teaching hospitals or research institutions. In cases where an applicant holds a more junior title (e.g. Research Assistant, Research Fellow, or Associate Lecturer) case officers will take into account the applicant’s length of experience and publication record, including peer-reviewed publications, in assessing whether the significant record of achievement criterion is met.
The research project should be undertaken at the Australian institution, conducted in collaboration with Australian citizens and/or permanent residents, and departmental policy generally expects any resulting findings, papers or reports be provided to the Australian institution upon completion.
Student Applicants
This stream is available to applicants who are current students of a foreign educational institution, or who have graduated from such an institution within the 12 months preceding the date of application. The proposed research activities must be at an Australian tertiary or research institution and must be closely related to the course in which the applicant is or was enrolled overseas.
Common scenarios in which this pathway may be appropriate include:
- Students undertaking research that forms a required component of their overseas qualification;
- PhD or Masters graduates who have been awarded a postgraduate research fellowship and are coming to Australia to conduct research supervised by a senior academic or equivalent; and
- PhD or Masters graduates employed overseas by an educational or research institution who are seeking to collaborate with an Australian institution in a closely related field.
Australian Tertiary and Research Institutions
The terms “Australian tertiary institution” and “Australian research institution” are not legislatively defined.
Under policy, an Australian tertiary institution includes universities, colleges of advanced education, and TAFE colleges. Australian research institutions include both government-funded and privately-funded research bodies; the institutions most commonly associated with this stream include the CSIRO, the Australian Nuclear Science and Technology Organisation (ANSTO), and the Defence Science and Technology Group (DSTG).
Sponsorship and Support Requirements
The Research stream requires that the Australian institution either hold a temporary activities sponsorship approval and pass the sponsorship test in relation to the applicant, or, where the applicant was outside Australia at the time of application and the proposed stay does not exceed three months, pass the support test in relation to the applicant.
This distinction is of practical significance for institutions that do not hold a formal sponsorship approval. Provided the applicant is offshore and the proposed stay is three months or less, the institution may satisfy the requirements through the support pathway without the need for prior sponsorship registration.
Documentation Requirements
Policy guidance recommends that the sponsoring or supporting institution provide a signed letter of offer on institutional letterhead. The letter should include:
- A formal invitation for the applicant to observe or participate in a named Australian research project;
- Details of the project and the names of the Australian academics with whom the applicant will be collaborating;
- The terms of engagement, including the period for which the applicant’s participation is sought, the position title, a duty statement, and details of any remuneration;
- Particulars of any secondary activities, such as lecturing or tutoring, to be undertaken in addition to the primary research activity; and
- Details of any dependants included in the application.
It should be noted that while departmental policy permits visa holders engaged in research activities to undertake secondary lecturing or tutoring at their sponsoring institution, such activities must be in the applicant’s area of academic expertise, must be incidental to the primary research activity, and must be declared at the time of application.
Circumstances for Which the Research Stream is Not Appropriate
It is noted that case officers are directed to decline applications under the Research stream where the applicant’s primary purpose is teaching or lecturing, rather than research collaboration. Such applicants may assess whether they are eligible for a Subclass 482 (Skills in Demand) visa instead. Similarly, applicants seeking to undertake postgraduate training or work experience should consider eligibility for the Subclass 407 (Training) visa.
Subclass 400 Visa
The Subclass 400 visa is available to applicants seeking to undertake short-term work in Australia that is highly specialised and not readily available within the Australian labour market. The visa provides for a stay of up to six months, though under policy, stays of three months or less are the norm.
No Adverse Consequences Requirement (Clause 400.224)
A fundamental requirement of the Subclass 400 visa is that the applicant must not intend to engage in activities that would have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or permanent residents. In assessing this criterion, delegates will consider whether:
- The required skill set contains key aspects that the employer is unable to source within the Australian labour market;
- The work is highly specialised and generally involves occupations requiring advanced or specialist skills; and
- The applicant’s pay and conditions meet Australian workplace standards under the Fair Work Act 2009.
Circumstances Subject to Heightened Scrutiny
Departmental policy indicates applications may receive closer scrutiny where:
- The proposed stay, or cumulative period of stay, exceeds three months within any 12-month period;
- Applications are made on behalf of a large group of workers for a single project;
- Workers are being rotated through the same or similar positions;
- An overseas employer is seeking to fulfil multiple separate contracts in Australia; or
- The application pattern suggests an attempt to circumvent the more stringent requirements of the Subclass 482 (Skills in Demand) visa, including English language requirements and minimum salary thresholds.
The Subclass 400 visa is not intended to facilitate the engagement of a low-skilled or low-paid substitute workforce. Organisations seeking to address ongoing or recurring skills shortages are directed toward the Subclass 482 visa or relevant Labour Agreement streams.
Common Criteria Applicable to the Subclass 408 Visa
All applicants for the Subclass 408 visa must satisfy a set of common criteria, irrespective of the activity stream under which they apply. These include:
- A genuine intention to stay temporarily in Australia for the purpose for which the visa is granted, having regard to prior visa compliance history and intended compliance with visa conditions;
- Adequate arrangements for health insurance during the period of intended stay;
- Adequate means, or access to adequate means, of financial support during the period of stay;
- Satisfaction of the relevant public interest criteria, including character and health requirements; and
- Satisfaction of special return criteria, evidencing an intention to depart Australia at the conclusion of the authorised stay.
Conclusion
Proper identification of the appropriate visa pathway, thorough preparation of supporting documentation, and early engagement with a migration professional are essential to ensuring a timely and successful outcome. Institutions seeking to host overseas researchers are encouraged to review their sponsorship status and internal onboarding procedures in advance of any planned engagement.
Changes to the relevant laws can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our experts for tailored advice on your circumstances and eligibility.