No Sponsor, but Still Obligations: What 400 Visa Host Businesses Must Show

The 400 visa does not need an approved sponsor or a nomination. In practice, though, the Australian host business does most of the work in showing why an overseas specialist is needed. This guide explains what to provide.

The support letter

The support or invitation letter should explain:

• what the work is, and why this person is needed to do it;
• why the work must be done in Australia, and for how long;
• the job classification, the award or agreement that applies, and the wage;
• allowances paid on top of base pay, and who pays them;
• the schedule of work, the size and importance of the project, and what happens if it cannot go ahead;
• how many Australians the business employs, and any plan to train them.

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Showing Australian workers are not available

Officers expect evidence, not just a statement. The Department’s instructions say the business will need to show it has tried to engage workers in Australia. Useful evidence includes recruitment efforts, letters from a large recruitment agency or industry body, union support letters, and contracts requiring the overseas manufacturer to install or service equipment.

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No harm to Australian jobs

The regulations require that the work will not harm employment or training opportunities, or conditions, for Australians. The Department says the 400 is not to be used to bring in a low skilled, low paid substitute workforce. Warning signs include repeated applications for the same purpose, small groups rotated through positions, and project finish dates that keep moving.

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Pay and conditions

Officers may ask for a declaration that the worker will be paid and employed under Australian workplace laws, naming the wage, the job classification and the award or agreement. Allowances must be on top of base pay, and overtime or penalty rates are generally payable. See pay and conditions for 400 visa workers.

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Groups and repeat visits

Large group applications are not all or nothing: the Department may approve only a core group. Repeat visits are tested against the 3-months-in-12 policy, and a business that relies on overseas skills should have a plan to train Australians.

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What you should do now

• Prepare a detailed letter: cover the work, the need, the duration, pay and conditions, and the project.
• Document recruitment: keep evidence of attempts to find the skills in Australia.
• Confirm pay: check the award or agreement and the correct rate before the worker arrives.
• Plan for the future: if you will need the skills again, set out how you will train Australian staff.