A common assumption is that a short-term overseas worker paid by their overseas employer does not need Australian rates. The Department’s policy for the 400 visa takes a different view, and pay and conditions are a key part of the assessment.
Key points
- Department policy says 400 visa holders are entitled to the same conditions as Australians, no matter how long they stay.
- Allowances and per diems must be paid on top of base pay, not instead of it.
- Overtime and penalty rates are generally payable for weekends or long hours.
- Officers may ask for a declaration naming the wage, classification and award or agreement.
- Longer stays and lower skilled roles get closer scrutiny.
The policy position
Under the Department’s instructions, 400 visa holders working in Australia are entitled to the same conditions of employment as Australian citizens, whatever their length of stay, as set by the Fair Work Act. This links to the legal requirement that the work must not harm the pay or conditions of Australians. Whether a particular overseas employer is bound by Australian workplace law is a separate legal question, but the visa assessment applies the expectation either way.
What officers may ask for
- a declaration from the Australian business or overseas employer that the worker will be paid and employed under Australian workplace laws;
- the wage, job classification and the award or enterprise agreement that applies;
- the allowances on top of base pay;
- where skills are not proprietary, evidence from a recruitment agency, industry body or regional development body that the skills cannot reasonably be found locally.
Officers can check figures against the Fair Work Ombudsman’s pay calculator. Where no award or classification can be identified, the Department’s instructions say base pay for skill level 1 to 3 roles should at least meet the income threshold, and still refer to the former TSMIT. Check the current threshold with us, and see our page on income thresholds.
Allowances and overtime
Per diems are extra, not a substitute. Allowances must be in addition to base pay and stated in the declaration. Overtime or penalty rates are generally payable for weekend work or excessive hours, usually more than 38 hours a week.
When scrutiny increases
| Lower risk | Higher risk |
|---|---|
| Short stays, a few applicants, skill level 1 to 3 | Roles outside skill levels 1 to 3 staying more than 8 weeks |
| Passport holders from countries with similar pay and conditions | Skill level 1 to 3 roles staying more than 3 months |
| One-off visit | Multiple or extended entries, or more than 3 months in 12 months |
| Individual specialist | Rotating workers or several workers on one contract |
What you should do now
- Identify the award: work out the classification and award or agreement that applies to the work in Australia.
- Pay allowances on top: make sure per diems and travel allowances are paid in addition to base pay.
- Record hours: keep timesheets so overtime and weekend work can be paid correctly.
- Prepare the declaration: have a signed declaration ready with the wage, classification and instrument.
Frequently asked questions
Does a 400 worker paid overseas need Australian rates?
Department policy expects the same pay and conditions as Australians, regardless of who pays or how long the stay is.
Can allowances count towards the wage?
No. Allowances and per diems must be paid on top of base pay.
Is there a minimum salary for a 400 visa?
There is no fixed salary in the regulations. Where no award applies, the Department’s instructions refer to the income threshold as a guide for base pay.
Do repeat visits still need correct pay?
Yes. The Department’s instructions say workers on intermittent return visits must still be paid appropriately.
Related guides
Want your 400 visa pay arrangements checked? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.
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