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What is the subclass 408 (Sporting Activities) visa?
The subclass 408 (Sporting Activities Stream) visa permits you to play, coach, to instruct or adjudicate for an Australian team, or engage in high level sports training with an Australian sporting organisation. The visa extends to sportspersons who are travelling to Australia to compete in local competitions, with the caveat that they will be expected to depart Australia at the conclusion of the tournament, season, or competition.
International athletes competing in renowned Australian sporting events such as the Australian Open, Melbourne Cup or the Australian Formula 1 Grand Prix regularly obtain subclass 408 (Sporting Activity) visas to compliantly enter Australia for their respective activities.
How long can I stay in Australia with a subclass 408?
The subclass 408 (Sporting Activities) visa can be granted for a stay period of:
- 3 months; or
- 2 years.
If you are offshore when the visa is granted, the valid stay-period commences on the day that you enter Australia. Whilst the visa remains valid, you may leave and re-enter Australia as many times as required.
If you intend to stay for more than 3 months, you are required to be sponsored by an Australian organisation (which has an approved temporary activities sponsorship). Organisations must go through a separate application process to become an approved sponsor.
If you intend to stay for 3 months or less you do not need to be sponsored by an approved temporary activities sponsor. However, you must have an eligible organisation to ‘support’ your application.
What is the eligibility criteria for ‘Supporting’ Organisations?
To be eligible to support an athlete for a subclass 408 visa, you must be an Australian organisation/government agency, or a foreign government agency lawfully operating in Australia that administers or promotes sport or sporting events. The Department will also undertake some background checks on your overall compliance with regulatory criteria and any adverse information about the organisation may affect their suitability as a supporter/sponsor.
If you are supporting a sports trainee, your organisation:
- must have an international reputation for training elite sportspeople or adjudicators
- can’t be a sporting club that primarily competes below the Australian national level for
the sport.
Alongside the sportsperson’s visa application, the supporting organisation must provide a letter of support on their official letterhead which identifies:
- The visa applicant and any family members who intend to travel with them;
- The event that the applicant will be competing in;
- When and where the applicant will be engaged in these activities.
Organisations do not need to lodge a separate application to be an eligible supporter.
Can I work in Australia on a subclass 408 (Sporting Activities) visa?
The subclass 408 visa permits you to enter Australia to complete the approved sporting activity, without providing general work rights as granted by other Australian work visas. Engaging in Australian employment outside of the specified sporting activities may be considered a breach of your visa conditions which can result in visa cancellation.
Can I bring my family with me to Australia on a subclass 408 visa?
You can include family members in your application for a subclass 408 visa. However, you will be required to provide proof of relationship and dependency for each family member accompanying the primary applicant (the sportsperson). This may include:
- Marriage certificate/ de facto relationship evidence;
- Birth certificates for children;
- Evidence of name changes;
- Evidence of dependency for all children aged between 18-23 years;
Family members can also apply to travel to Australia as subsequent entrants after the subclass 408 visa has been granted to the primary applicant.
Family members must receive express permission from the inviting organisation via the invitation letter to be eligible. Adding your family to your visa application may also negatively affect Departmental processing times.
Typically, we recommend family members apply for a visitor visa to facilitate entry.
What is the process for applying for a subclass 408 visa?
After you have completed our online application form and attached all necessary documentation, our lawyers will review your information/documentation and get in touch regarding the next steps. We will prepare and review your visa application then subsequently lodge it with the Department of Home Affairs on your behalf. We aim to lodge applications within a day of receiving all required documents, granted no issues are flagged throughout our thorough review processes.
What is the processing time for a subclass 408 visa application?
The Department’s website currently lists processing times for the subclass 408 (Sporting Activities) between 2 to 34 days for 90% of applications.
However, in previous instances, we have been able to contact the Department of Home Affairs and escalate the processing of applications to ensure that all sportspeople are able to enter Australia comfortably prior to their competitions/events.
If your application requires Departmental escalation, additional charges will apply
Family members can also apply to travel to Australia as subsequent entrants after the subclass 408 visa has been granted to the primary applicant.
Family members must receive express permission from the inviting organisation via the invitation letter to be eligible. Adding your family to your visa application may also negatively affect Departmental processing times.
Typically, we recommend family members apply for a visitor visa to facilitate entry.
Can I extend my stay in Australia?
Yes. You may apply onshore for a second subclass 408 visa (subject to other conditions being met). If you wish to apply for a different visa subclass/stream, you may be required to depart Australia to lodge the application due to Australia’s immigration regulations. Please reach out to us to discuss your visa status if you wish to further extend your stay in Australia.
Can I holiday in Australia after the sporting activity is over?
After your sporting activities have wrapped up, you can remain in Australia holidaying until the expiration of your visa.
What if I get hurt?
Part of the sporting visa application requires you to hold mandatory health insurance, usually provided by the inviting organisation. You should be able to access your inviting organisation’s insurance cover in the event of injury.
What can’t I do on this visa?
Broadly speaking, you are unable to work outside of your approved sporting activity.
Can I get permanent residence?
The subclass 408 visa does not have a direct pathway to permanent residence. That said, you may be eligible under other pathways. Feel free to reach out to us to discuss this.
Do I need to go to an Embassy/Consulate to receive the visa?
No, the visa is received online and is automatically linked to your passport electronically.