Visiting Australia but Planning to Do “A Bit of Work”? This Is Where Most People Get It Wrong.
By Nilesh Nandan – Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Introduction
I want to talk about one of the most misunderstood areas of Australian immigration law.
Visitor visas.
They look simple. They feel informal. And that is exactly why people get themselves into trouble.
I see more refusals, cancellations, and long-term immigration damage arising from Visitor visas than almost any other visa type. Not because people are dishonest, but because they misunderstand what the Department actually expects.
Almost every problem comes back to one issue:
doing the wrong activities on the wrong visa.
Let me walk you through this properly.
What the Department Really Means by “Genuine Visitor”
When the Department assesses a Visitor visa application, they are not asking whether you like Australia or whether you might want to stay one day.
They are assessing intention.
Specifically:
- whether you genuinely intend to stay temporarily,
- whether you will comply with your visa conditions,
- whether you will leave Australia before your visa expires (unless another visa is granted).
Here is something that surprises many people:
You can still be a genuine visitor even if you may apply for another visa in the future.
That alone is not fatal.
What causes refusals is when the purpose of travel, the evidence, and the real activities do not line up.
The Most Dangerous Sentence I Hear as an Immigration Lawyer
“I’m not being paid.”
That sentence has probably caused more visitor visa refusals than any other.
Under Australian migration law, work is defined as an activity that would normally attract remuneration in Australia. Payment is not the test. The nature of the activity is.
This is where people accidentally cross the line.
Unpaid does not mean permitted.
Short term does not mean permitted.
Helping out does not mean permitted.
What You Can Usually Do on a Visitor Visa
A Visitor visa can be appropriate where activities are clearly limited to:
- tourism and holidays,
- visiting family or friends,
- attending conferences, seminars, or trade fairs,
- making general business enquiries,
- negotiating contracts,
- attending board or shareholder meetings,
- very limited unpaid volunteering with a genuine not for profit organisation.
These activities are generally non-operational and non-productive.
Once you move into hands-on delivery, implementation, training, or operational work, risk escalates quickly.
The Grey Zone That Causes Most Problems
Most refusals do not come from obvious breaches. They come from grey zones.
“I’m just training staff.”
“I’m just overseeing a project.”
“I’m just installing a system.”
“It’s only for a few weeks.”
From the Department’s perspective, many of these look like work. And often, they are.
This is where Subclass 400 becomes critically important.
Why Subclass 400 Exists
Subclass 400 (Temporary Work Short Stay Specialist) exists because Australia recognises that some work:
- is highly specialised,
- is genuinely short term,
- and cannot reasonably be done by an Australian worker in the required timeframe.
It is not a pathway visa.
It is not about staying long term.
It is about lawfully doing short-term work without breaching visa conditions.
Visitor Visa vs Subclass 400 – Comparison Table
| Issue | Visitor Visa (Subclass 600) | Subclass 400 |
| Main purpose | Tourism, family visits, limited business | Short-term specialist work |
| Work allowed | No (very limited exceptions) | Yes, if approved |
| Paid activities | Generally not allowed | Permitted |
| Hands-on work | High risk | Permitted |
| Training staff | Often problematic | Common |
| Installing systems or equipment | Often not allowed | Common |
| Length of stay | Usually up to 3 months | Usually up to 3 or 6 months |
| PR pathway | No | No |
| Compliance risk | High if misused | Lower if scoped properly |
Evidence Required for a Visitor Visa (Subclass 600)
This is where many applications fall apart.
A Visitor visa is not about ticking boxes. It is about credibility.
The evidence needs to support one clear story:
“I am coming temporarily, for this purpose, and I will leave.”
Key Evidence I Usually Recommend
- Purpose of Travel
You must clearly explain why you are coming to Australia. This should match:
- your itinerary,
- any invitations,
- and your proposed activities.
Vague explanations are dangerous.
- Employment or Study Ties
Evidence that you have a reason to return home, such as:
- employment letters confirming your role and approved leave,
- payslips,
- ongoing business ownership,
- or proof of current study enrolment.
- Financial Capacity
You must show you can support yourself, typically through:
- recent bank statements,
- evidence of income,
- or financial support from a lawful Australian contact (if applicable).
- Travel History
Previous compliant travel helps. Overstays or breaches hurt.
- Home Country Ties
This may include:
- property ownership,
- family ties,
- ongoing obligations,
- or long-term commitments.
- Consistency
Everything must line up. Inconsistencies between forms, statements, and documents are a red flag.
If you are vague, over-inclusive, or unclear, the Department fills the gaps themselves. That rarely ends well.
Evidence Required for Subclass 400
Subclass 400 is more document-heavy, but far safer if work is involved.
The Department wants certainty.
Key Evidence I Focus On
- Clear Description of the Work
This is critical. The application must clearly explain:
- what work will be done,
- who will benefit,
- and why it is required.
Generic descriptions are a common refusal point.
- Evidence the Work Is Short Term
You need to show:
- a defined start and end date,
- a project-based or time-limited scope,
- and no intention for ongoing employment.
- Evidence of Specialised Skills
This may include:
- CVs,
- qualifications,
- industry experience,
- or proof the skills are niche or proprietary.
- Why an Australian Cannot Reasonably Do the Work
This does not mean “Australians are not good enough”.
It means showing:
- urgency,
- proprietary knowledge,
- or continuity with overseas systems.
- Invitation or Support from the Australian Entity
Typically a letter explaining:
- why your presence is required,
- the nature of the work,
- and confirmation of the timeframe.
- Genuine Temporary Stay
Just like a Visitor visa, you must still show:
- ties outside Australia,
- an intention to leave once the work is complete.
When done properly, Subclass 400 applications are clear, logical, and defensible.
Why “Just Try a Visitor Visa First” Is Bad Advice
I strongly caution against this approach.
A refusal or cancellation:
- does not disappear,
- becomes part of your immigration history,
- and can complicate future work or PR applications.
It is always easier to choose the correct visa first than to repair damage later.
My Practical Rule of Thumb
I say this to clients constantly:
If what you are doing in Australia would look like work to a reasonable person, you should not be on a Visitor visa.
That single rule avoids most disasters.
Sometimes the correct visa is a Visitor visa.
Sometimes it is Subclass 400.
Sometimes it is something else entirely.
But guessing is never the answer.
Final Thoughts
Visitor visas are not casual visas. They are credibility visas.
Subclass 400 is not a loophole. It is a compliance solution.
If you are unsure where you sit, get advice before lodging. That is how you protect both your immediate plans and your long-term immigration future.
That is exactly the work I do every day.
Book a Consultation
You can book a consultation with me if you need help preparing your protection visa application or responding to a refusal or cancellation.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
