Subclass 400 VISA advice

Old Feb 17th 2019, 4:03 pm
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Lightbulb Subclass 400 VISA advice

Hello from Surrey,

Background: Husband has been offered a position (WA) said to be permanent but on a 6 month trial first (to see if we like it, they like him etc). The company are offering to fund his Subclass 400 VISA for 6 months, saying it could then be extended. They say that they will also sponsor me (but my understanding is I would be a spouse on his VISA and I cannot work unless I get my own VISA and sponsorship from an employer).

1. Our research has led us to believe this is incorrect, that the Subclass 400 is for 3 months (6 if a special business case) and it is specifically short term, therefore would not be extended - is this correct or can it be extended?

2. Do I even need to be added to his VISA to stay in the country? I was under the impression I can apply for a regular entry VISA and stay for a year?

3. If I come to Australia on the above Subclass 400 of my husband's, can I apply for my own if I were able to find work while out there OR if we are applying and I find work before we leave?

4. Could I do any volunteering or work experience if I am a spouse on his Subclass 400 VISA?

5. Just how hard is it to persuade companies to take you on with such a VISA (I am a solicitor in the UK, it *is* on 'the list')?

Please, forgive my ignorance, I have been relying on google and am struggling a little to understand each different type of VISA from the Aussie government site, then researching each one!

Any advice is hugely appreciated.

Thank you,
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Old Feb 17th 2019, 4:20 pm
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Default Re: Subclass 400 VISA advice

Originally Posted by surreytoaus
Hello from Surrey,

Background: Husband has been offered a position (WA) said to be permanent but on a 6 month trial first (to see if we like it, they like him etc). The company are offering to fund his Subclass 400 VISA for 6 months, saying it could then be extended. They say that they will also sponsor me (but my understanding is I would be a spouse on his VISA and I cannot work unless I get my own VISA and sponsorship from an employer).

1. Our research has led us to believe this is incorrect, that the Subclass 400 is for 3 months (6 if a special business case) and it is specifically short term, therefore would not be extended - is this correct or can it be extended?

2. Do I even need to be added to his VISA to stay in the country? I was under the impression I can apply for a regular entry VISA and stay for a year?

3. If I come to Australia on the above Subclass 400 of my husband's, can I apply for my own if I were able to find work while out there OR if we are applying and I find work before we leave?

4. Could I do any volunteering or work experience if I am a spouse on his Subclass 400 VISA?

5. Just how hard is it to persuade companies to take you on with such a VISA (I am a solicitor in the UK, it *is* on 'the list')?

Please, forgive my ignorance, I have been relying on google and am struggling a little to understand each different type of VISA from the Aussie government site, then researching each one!

Any advice is hugely appreciated.

Thank you,
I would be extremely wary and get independent advice from a registered agent.

As you say, a 400 visa is only for short term stays, it is not suitable for a long term employment situation.
Its designed for 3 months stays, can be extended to 6 months in some circumstances, but there is no guarantee. And any dependents are only classed as visitors and are unable to work - that includes almost all roles as a volunteer. Even if you got your own tourist visa you would not be able to work or volunteer.

What is their proposal after this 6 month trial period is up? (assuming they are granted 6 months). What visa do they want him to apply for then? How would they be arranging for you both to stay in Australia whilst the new visa is processed?

It sounds a very dubious way of doing things, and I have only come across it on here once before. I believe on that occasion the applicants realised they could be moving across the world only to return 6 months later, jobless and broke, Get some professional advice and be careful!
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Old Feb 17th 2019, 4:24 pm
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Default Re: Subclass 400 VISA advice

Thank you so much for your reply
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Old Feb 17th 2019, 8:49 pm
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Default Re: Subclass 400 VISA advice

Firstly ,you won't be moving to Australia on a 400 visa. You will be coming for 3 months with a possibility of 3 more. That's all. If your husband has a legitimate job offer then the company will need to sponsor him for either a TSS or permanent visa. The 400 is not the correct visa for a permanent position.

Second, VISA is a registered trademark of a credit card company. Immigration issues visas.
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Old Feb 17th 2019, 9:48 pm
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Default Re: Subclass 400 VISA advice

Thanks for your reply, Queen of Diplomacy!
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