INVITED PARTICIPANT IN AN EVENT
- entry for up to three months for persons invited to participate in social and cultural activities associated with community-based events.
These may be:
- religious, sporting, academic, and artistic events; and
- conferences, conventions and trade fairs where
for reward, the applicant will be actively contributing to the event (eg. making presentations).
- a letter of invitation by an Australian organisation is necessary
Entertainment industry activities fall within the entertainment activity type of this visa.
An onshore application must be sponsored by an eligible temporary activities sponsor.
There is no definition of event for this activity type. Examples of events that applicants may be invited to participate in include:
- conferences – making paid presentations;
- workshops/seminar presenters;
- trade fairs/expos/exhibitions – promoting goods and services to the Australian public;
- sporting events - overseas sporting teams or individual sports persons (including support staff – eg. managers, medical staff, coaches, referees, officials) who are invited to Australia to engage in sporting events are eligible under this activity type (but not those seeking to play for an Australian sporting team);
- Art exhibitions and tours;
- non-sporting competitions, such as dance competitions, music competitions, student competitions; and
- religious gatherings/retreats.
Persons who might use this activity type include:
- sports persons and their entourage participating in events or touring as part of an overseas sports team;
- public speakers;
- ministers conducting religious services or engaging in other religious activities as a guest of an Australian religious institution;
- artists engaging in the creation of visual art, or holding exhibitions of their work in Australia;
- academics engaging in brief lecture, workshop or research activities invited by a tertiary academic institution; and
- entertainers attending specific promotional events (but not performing – see entertainer activity type).
Religious performers such as musicians, singers and dancers performing at religious events may enter under the Invited Participant activity type. Such activity is considered to be primarily devotional and does not require consideration against the Entertainment activity type.
Sports persons:
A sports person seeking to play for an Australian sporting team for a sporting season or part-season should not be considered against the Invited Participant activity type.
If the Australian sporting team is below the national level, a player or coach seeking to be part of the team for a season or part-season of sporting competition, the applicant should instead be required to satisfy the requirements of the Sport activity type Elite player, coach, instructor or adjudicator.
If the Australian sporting team is at the national level, professional sportspersons may also consider their eligibility under the Temporary Work (Short Stay Specialist) visa 400 or the Temporary Work (Skilled) visa 457.
An amateur sportsperson seeking to engage in sports training and/or play in a few amateur matches may be eligible for a visitor visa.
Academics
Academics seeking to undertake research, guest lecture or any other non-ongoing academic activity for a higher education institution may be eligible under this activity type.
Celebrity competitions
The Invited Participant activity type may be appropriate for persons seeking to participate in a competition (including, but not limited to, music and dance competitions), or seeking to support a participant, on a short term non-ongoing basis.
However, some events may be portrayed as a competition when in fact the main purpose of the event is “entertainment” and the applicant is participating on the basis of their celebrity. This application falls within the entertainment category.
SPORT
- the entry of sportspersons who are skilled at the Australian national level with the purpose of improving the quality of a sport in Australia through participation in high-level competition and training with Australian residents. Endorsement by the peak sporting body responsible for the sport in Australia is required.
Sportspersons covered are
- players,
- coaches and
- instructors
joining an Australian club, team or similar organisation, and show or
- competition judges and adjudicators.
Sportspersons on an elite development pathway are also able to access structured sports training programmes in Australia under this eligibility. However, the sports training organisation must not be a sporting club engaged in sporting competitions below the national level.
Sports trainee
- the applicant seeks to enter or remain in Australia to participate in sport by being trained by a sporting organisation (the relevant sporting organisation ) that is lawfully operating in Australia; and
- the applicant is a sportsperson or adjudicator who:
(i) is currently competing or adjudicating at the Australian national level, or equivalent; or
(ii) is endorsed by the relevant peak sporting body in Australia or overseas as having the demonstrated potential to compete or adjudicate at the Australian national level, or equivalent; and
- the relevant sporting organisation has an international reputation for training elite sportspeople or adjudicators; and
- the relevant sporting organisation is not a sporting club that, as its primary activity, competes in sporting competitions below the Australian national level for the sport
Elite player, coach, instructor or adjudicator
- the applicant seeks to enter or remain in Australia to be a player, a coach, an instructor or an adjudicator in relation to an Australian sporting team or sporting organisation; and
- the applicant has been invited to participate in the activity by a sporting organisation (the relevant sporting organisation ) that is lawfully operating in Australia; and
- the applicant has entered into a formal arrangement that provides for the applicant to participate in the activity for a period specified in the arrangement; and
- the Minister has been provided with a letter of endorsement from the national sporting body responsible for administering the sport in Australia, certifying that the applicant has the ability to play, coach, instruct or adjudicate at the Australian national level;
Alternative visa arrangements are available, as follows:
Short duration events - for professional competitors, judges or adjudicators participating in one or more events at a national level, whose stay in Australia is for less than six months, an alternative is 400 Short Stay Specialist visa.
Contracted professional players - an alternative for professional players, coaches or instructors contracted to an Australian sporting club, is 457 visa.
Amateurs - amateur competitors (and persons supporting an amateur competitor) who can demonstrate that they compete in their sport mainly on a recreational basis may consider applying for a visitor visa.
DEFINITION:
"sporting organisation " means:
(a) an Australian organisation that administers or promotes sport or sporting events; or
(b) a government agency that administers or promotes sport or sporting events; or
(c) a foreign government agency that administers or promotes sport or sporting events.
RELIGIOUS WORKER
The Religious Worker activity type provides for the temporary entry of persons who will be full-time religious workers in Australia. Religious work is work of a devotional nature for which the applicant has had relevant religious training including, for example, providing spiritual leadership, conducting worship and ministering, pastoral care or proselytising. The religious work supported must directly serve the sponsoring organisation’s religious objectives.
Religious workers can be sponsored for positions such as ministers, priests, monks, nuns, deacons, rabbis and imams and other trained religious leadership roles within a religious organisation.
The applicant must show that they have had an ongoing association with the religious institution (generally more than 2 years) prior to the visa application and have previously served in a similar capacity to their intended role with the institution or similar institution overseas or elsewhere in Australia.
This activity type is not appropriate for persons who, as their main purpose of stay, are seeking entry to:
- provide ancillary support to a religious institution such as domestic work, preparing magazines/newsletters, providing meals for the community or
- be involved in building or construction projects for a religious institution or
- undertake training or courses to attain a qualification within the institution or organisation or
- provide pastoral care that does not require, or is not conducted by, a qualified religious worker (such as a teacher looking after the social and personal well-being of children and young adults) or
- engage in any other activities not directly related to the religious objectives of an institution.
Non-government school that have a religious ethos are unable to be considered as a religious institution so are unable to sponsor religious workers. However, a religious worker sponsored by a religious organisation associated with the school is able to provide religious services to the school within their broader range of duties agreed with the sponsor.
Further visa options are available:
Volunteers - persons at the start of a religious life who want to volunteer in a monastery or other religious institution before undertaking formal religious training or tertiary study may be eligible for the Special Program activity type.
Training and study - persons with at least 12 months of work experience, study or training in a religious field, who want to undertake a formal religious training program, may be eligible for a GF-407 Training. Persons undertaking full-time CRICOS university courses may be eligible for a student visa.
Labour agreement - entry of Ministers of Religion under a labour agreement may be suitable if an agreement is in place between the religious organisation and the Commonwealth.
Short stay - depending on the purpose of stay, persons intending a short stay (less than 3 months) to attend a religious event, attend meetings, lecture or speak at religious rallies or participate in a retreat or short training course can apply under the Social and Cultural Activities (Short Stay) activity type of this visa or may apply for a visitor visa.
DEFINITION:
"religious institution " means a body:
(a) the activities of which reflect that it is a body instituted for the promotion of a religious object; and
(b) the beliefs and practices of the members of which constitute a religion due to those members:
(i) believing in a supernatural being, thing or principle; and
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
(c) that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997 ; and
(d) the income of which is exempt from income tax under section 50-1 of that Act.
DOMESTIC WORKER
The Domestic Worker (Executive) activity type provides for the temporary entry of persons to be employed as domestic workers by:
- 457 visa holders who are senior executives of overseas organisations; or
- 403 Privileges and Immunities activity type visa holders who are senior executives of foreign government agencies.
457/403 visa holder is the national managing director, deputy national managing director or State or Territory manager of an Australian office of the foreign government agency or foreign organisation.
The person or organisation provides evidence that:
(i) the person or organisation has been unable to find a suitable person in Australia to undertake the duties; or
(ii) there are compelling reasons for employing the applicant
The grant of the visa would not cause the number of domestic workers holding visas for employment in the household of the first visa holder to exceed 3 (including the applicant).
The applicant has experience working as a domestic worker.
The applicant is to be employed in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
SUPERYACHT CREW
The applicant is a member of the crew of a superyacht who has turned 18 years.
The crew are generally comprised of a Captain, Chief Engineer, Engineer/s, First Mate, Officer, Bosun, Chef/s, Crew Chef, Deckhand/s and Stewardess/Steward/s.
It is expected that the maximum period of stay be limited to 12 months.
DEFINITION:
Superyacht is:
any high value luxury sailing ship or motor vessel which is:
(a) 24 metres or longer in length; AND
(b) not carrying cargo; AND
(c) used for sport or pleasure
RESEARCH
This activity type is for:
- (research - academic) academics with significant achievement in their field of endeavour who are invited to collaborate in a research project by an Australian tertiary or research institution or for
- (research - student) students or recent graduate who wish to undertake a research activity at an Australian tertiary or research institution that is related to their field of study.
An ‘Australian tertiary institution’ means an Australian university, an Australian college of advanced education or an Australian Technical and Further Education (TAFE) college.
Research - academic:
the applicant is employed, or was formerly employed, as an academic at a tertiary or research institution; and has a significant record of achievement in his or her field.
an academic may include a person who holds a title of:
- professor, including emeritus and adjunct professorships;
- assistant/associate professor;
- senior lecturer;
- lecturer; or
- the equivalent of any such senior rank as an academic at a tertiary or research institution.
Research - student:
the applicant is a student of a foreign educational institution; or has graduated from a foreign educational institution during the 12 months preceding the making of the application; and the applicant seeks to enter or remain in Australia to undertake research at an Australian tertiary or research institution (the relevant institution) that is closely related to the course in which the student is or was enrolled at the foreign educational institution.
Examples:
- Current students undertaking research that is a requirement towards their overseas qualification.
- PhD- or masters-qualified researchers who are not employed by an education or research institution in their home country, have been awarded a post-graduate research fellowship and are coming to Australia to conduct research in a field closely related to their studies. This group will usually be supervised by a person in a senior academic position.
- PhD- or masters-qualified researchers who are employed overseas by an education or research institution and are coming to Australia to conduct research in a field closely related to their studies.
The Research activity type is not intended for:
- academics who primary purpose is to lecture or teach – 457 visa may be appropriate;
- persons intending to undertake training or postgraduate work experience - such persons should consider 407 Training visa.
STAFF EXCHANGE
The intention is to facilitate the entry of skilled persons under genuine exchange arrangements that identify a reciprocal employment placement for Australian residents to work with overseas organisations, promoting international understanding and cooperation. The purpose of the exchange arrangement must be primarily to benefit the exchange staff involved and not to circumvent skilled employment requirements under the Temporary Work (Skilled) visa 457.
The work that the applicant will perform in Australia will be in a skilled position
This activity type it is not intended for contractor or casual employee.
DEFINITION:
a position is skilled if the occupation to which the position relates has:
• a skill level that is defined in ANZSCO as 1, 2 or 3 and
• a range of duties sufficiently broad to enable the occupant to demonstrably add to or enhance their current skills in that occupation.
SPECIAL PROGRAM
This activity type is for persons who have been invited to participate in:
- a youth exchange program based on cultural drivers, for which both the organisation and the program have been approved by the Secretary; or
- School to school interchange program (SSIP)
- School language assistants program (SLAP)
- a cultural enrichment or community benefit program, where both the organisation and the program have been approved by the Secretary (other programs)
Youth exchange program
- to participate in a youth exchange program that has been approved by the Secretary
- the program is being conducted by a person or organisation that is an Australian organisation that is lawfully operating in Australia or a government agency
A youth exchange program seeks to provide a young person (18-30 inclusive) with an opportunity to engage with the Australian community for the purpose of international understanding and cultural enrichment.
A youth exchange program is not a student exchange program. However, a youth exchange program may include a minor amount of classroom training.
Internships
Internship programs being considered for a SPA should possess the following characteristics:
- the intern is between 18 and 30 years of age
- the internship program should provide a significant range of activities that enable the exchange of differing ideas, beliefs, rituals, customs, traditions and a cultural experience within the Australian community.
- any internship work experience placement is directly related to the intern’s tertiary studies that have been completed within the last three years
- work experience conducted under the internship is a supernumerary position and does not displace an Australian employee
- the intern is under continuous supervision in their position
- any study component is no greater than 20 per cent and
- the intern has not previously worked in a position with similar duties at the same skill level.
School to School Interchange Program
- to participate in the School to School Interchange Program which is or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency
SSIP is often referred to by Australian schools as a “gap year” program.
Usually:
- the applicant is seeking a gap year (transition period) between secondary school and further studies, training or employment, or during tertiary studies;
- the applicant is between 17 and 25 years old (inclusive);
- the gap year is to take place immediately after finishing school and before starting work/further studies/training;
- the applicant intends to work as a voluntary assistant and will not be replacing qualified teaching staff or taking formal classes by themselves;
- the school will be providing appropriate accommodation and maintenance arrangements for the whole period of stay;
- the intended period of stay in Australia is 12 months or less
A school is generally limited to one SSIP participant at a time.
School Language Assistants Program
- to participate in the School Language Assistants Program which is being conducted, or is proposed to be conducted, by:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency;
This program allows Australian schools to invite young persons, between 18 and 30 years old, from other countries, who intend to pursue a career in teaching to obtain some initial experience through assisting qualified Australian language teachers in language and cultural matters for up to 12 months. Participants should be engaged only as teaching assistants in the school.
An applicant will be ineligible for participation in the SLAP if they are qualified or have had over 12 months classroom teaching experience prior to applying for participation in the SLAP.
A school is generally limited to one SLAP participant at a time.
Other programs
- to participate in a program which:
(i) has the objective of cultural enrichment or community benefit; and
(ii) has been approved in writing by the Secretary
- this program is being conducted, or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency and
is a party to a special program agreement with the Secretary in relation to the program.
A cultural enrichment or community benefit program is defined as any activity that enables exchange of differing ideas, beliefs, rituals, customs and traditions between people with different ethnic or social backgrounds.
As examples, four activities that may be accepted as cultural enrichment or community benefit programs are:
- teaching of languages and cultures
- community engagement sponsored by charitable organisations
- religious activities, including formation activities, pastoral care, evangelism, renovation of cultural artefacts
- socio-cultural activities, research and conservation, including outdoor education.
Special Program activity type is not for persons who are primarily seeking employment, training or study. There are other visas for these activities. Therefore:
- if study is the primary purpose of stay it may be more appropriate for the person to apply for a Student visa
- if work-based training in a field related to study/skills is the main purpose of stay, the 407 training visa may be more appropriate
- if employment is the primary purpose of stay, a visa that allows employment may be more appropriate
- if participating as a sports player/coach for the season with a sporting club, the 408 Sport activity type may be appropriate.
AUSTRALIAN GOVERNMENT ENDORSED EVENT
The Minister lists a major Australian event in the relevant legislative instrument. The listing of the major event will also include the classes of persons eligible to apply under this activity type by invitation of the event organiser.
The applicant seeks to enter or remain in Australia to undertake work directly associated with the specified event.
Currently specified events:
- Supporting Innovation in South Australia
- the INAS 2019 Global Games.
- ICC Women’s T20 World Cup 2020
- ICC Men’s T20 World Cup 2020.
Currently specified class of eligible persons:
for Supporting Innovation in South Australia (refer to LIN 18/077):
- the applicant is under 45 years old at the time of the temporary activity visa application; and
- the applicant has vocational English; and
- the government of South Australia has endorsed an application for the applicant to participate in the specified event; and
- the applicant’s temporary visa application included a supporting business plan.
ENTERTAINMENT
This activity type is for persons intending to work in the entertainment industry, including:
- performers for recorded and live performances activities undertaken in Australia
- production and support personnel for these activities.
Performing in film or television production subsidised by government
- to perform
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements)
(ii) in a film or television production that is subsidised, in whole or in part, by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements
- the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that the relevant Australian content criteria have been met
- the eligible sponsor or eligible supporter holds any necessary licences in respect of the production;
- the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Performing in film or television production not subsidised by government
- to perform:
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and
(ii) in a film or television production that is not subsidised in any way by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements;
- the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that:
(i) citizens and residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored or supported for entry;
- the eligible sponsor or eligible supporter holds any necessary licences in respect of the production;
- the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Visa options:
- 408 visa is appropriate for persons who will be receiving a salary
- contestants not receiving a salary to appear in a reality show may be eligible for a 600 Tourist activity type visa, or a 601 (ETA) visa.
- If the contestant is a celebrity, and is engaged under contract on that basis, then the appropriate visa is the GG-408 Entertainment activity type.
Performing in productions not related to film or television
- to perform as an entertainer under a performing contract that:
(i) is not related to a film or television production; and
(ii) is for one or more specific engagements (other than non‑profit engagements) in Australia;
- the activity of the applicant will bring a net employment benefit to the Australian entertainment industry
- the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity
- the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia
- an itinerary specifying the dates and venues for all performances must be provided
Examples of roles to be performed include:
- international music acts
- live theatre performers
- stage comedians
- classical music performers
- singers
- actors for viral videos (eg. Internet marketing)
Production roles other than as a performer
- the applicant will be directing, producing or taking another part (otherwise than as a performer) in:
(i) a film, television or radio production that is to be shown or broadcast in Australia; or
(ii) a theatre production or concert that is to be performed in Australia or
(iii) a recording that is to take place in Australia;
- the activity of the applicant will bring a net employment benefit to the Australian entertainment industry
- the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity
- the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia
- an itinerary specifying the dates and venues for the production, concert or recording must be provided
Examples:
- non-performing production/technical crew, such as directors, camera/sound/lighting crew;
- on-screen presenter for a documentary or reality show; and
- well-known persons playing themselves in a commercial to be aired in Australia
under employment contract to the production.
Support staff for profit
- the applicant will be supporting an entertainer or a body of entertainers in relation to a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia by assisting a performance or by providing personal services
- the activity of the applicant will bring a net employment benefit to the Australian entertainment industry
- the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity
- the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia
- an itinerary specifying the dates and venues for all performances must be provided
Examples:
- performing support personnel such as backing musicians/vocalists;
- non-performing support personnel such as acting/voice coaches, hairdressers, dressers and make-up artists;
- personal staff for an actor or film director.
Non‑profit engagements
- the applicant will be:
(i) performing as an entertainer in one or more specific engagements that are for non‑profit purposes; or
(ii) supporting an entertainer or a body of entertainers in relation to one or more specific engagements that are for non‑profit purposes, by assisting a performance or by providing personal services
- an itinerary specifying the dates and venues for all performances must be provided
This category is not intended for amateur groups, such as choirs and youth ensembles, visiting Australia to perform on a recreational basis. Such groups may consider applying to enter under the Visitor program.
Documentary program or commercial for overseas market
- the applicant will participate in the making of a documentary program or commercial that is for an overseas market
DEFINITIONS FOR ENTERTAINMENT ACTIVITIES:
eligible sponsor is
(a) a temporary activities sponsor and
(b) is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency.
eligible supporter is:
(a) an Australian organisation that is lawfully operating in Australia; or
(b) a government agency; or
(c) a foreign government agency; or
(d) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Visa options for journalists:
- 457 Temporary Work (Skilled) visa or
- 400 Temporary Work visa for short stays up to 3 months
