Research and Training subclass 402 visa – Research stream
The Research and Training Subclass 402 Visa has been replaced with the Temporary Activity visa (subclass 408) - http://www.border.gov.au/Trav/Visa-1/408- effective from 19 November 2016. This web page will be updated shortly. If you have any questions on the new process, please contact the HR Service Center on (02) 8627 1300.
If you would like to invite a visitor to the University to collaborate on an Australian research project they may fall into the category of an affiliate. The University has implemented an Affiliates Policy which outlines the requirements for a visitor to be considered an affiliate of the University. More information can also be found in the Honorary Titles Policy.
If an affiliate is a professional academic from overseas who has been invited by the University to Australia to observe or participate in an Australian research project and has a significant record of achievement in their field, they will need to apply for a Research and Training subclass 402 visa - research stream.
Please note this visa is not available for overseas academics who wish to pursue their own personal research that does not have a connection to an Australian research project.
For more information on this visa option, visit the Department of Immigration and Border Protection website.
See here for specific information on engaging an academic as an affiliate for short, repeated periods during the year, to provide flexibility to both the academic and the faculty/unit.
- What does the subclass 402 visa - research stream allow an affiliate to do?
- How much can the University contribute to the affiliate’s living expenses?
- What are the requirements for the nomination of family members and other dependants?
- What is the subclass 402 visa - research stream holder not allowed to do?
- How long can the visa be granted for?
- How long does it take to get the 402 visa - research stream ?
- How far in advance should I complete the documentation for an affiliation?
- What are the University's obligations during the affiliation period?
- What are the penalties if the University’s obligations are not met?
- What are the conditions applicable to subclass 402 visa - research stream holders?
This visa holder is allowed to:
- observe or participate in an established Australian research project
- teach or guest lecture on an informal basis (provided it is not the main purpose of the stay, not part of a course syllabus and remains incidental to their research)
- receive a contribution towards their living expenses (see below)
- bring any eligible secondary applicants to Australia (see below)
- leave and enter Australia as many times as they wish while the visa is valid
- stay in Australia for as long as the visa is valid.
The Department of Immigration and Border Protection has limited the value of the living assistance which can be provided by the University to subclass 402 – research stream visa holders. The maximum contribution by the University to living expenses is approximately $34,000 per annum (at October 2012); this amount may alter on an annual basis. The affiliate is eligible to receive unlimited funds through overseas salary payments, grants and/or personal funding.
The University may contribute to the costs of travel, living and accommodation expenses, in the form of a reimbursement on presentation of receipts by the faculty/unit. These reimbursements may attract Fringe Benefits Tax in Australia, which must be met by the University.
Any financial assistance provided may be taxable in the affiliate’s home country and they are recommended to seek advice on the likely tax implications of any payments made to them associated with their affiliation with the University.
The University may extend sponsorship to any spouse or interdependent partner, dependent children of the main visa applicant or dependent children of the main visa applicant’s spouse or interdependent partner. Sponsorship will enable family members to work and study whilst they are located in Australia.
Where sponsorship is undertaken for secondary applicants, the University has certain obligations. We strongly recommend that you discuss extending sponsorship to family members with the visiting academic early in the negotiation stage to ensure that both the University and the visitor are clear on whether family members will be sponsored or not. This information will need to be included on the Honorary Title Nomination and Appointment form or International Visitor Request form.
The Department of Immigration and Border Protection will require this visa holder to provide satisfactory evidence of long term relationships and/or financial support for all accompanying family members at the visa application stage.
This visa holder is not allowed to:
- receive any remuneration or salary payment from the University (other than a contribution towards living expenses)
- lecture or teach on a regular basis or as part of a course syllabus
- undertake a period of study whilst on this visa
- undertake work or work experience (unless specifically authorised by the Department of Immigration and Border Protection), or
- undertake work for another organisation.
The subclass 402 visa - research stream may be valid for up to 12 months.
If the affiliate has not completed the collaboration or requires an additional affiliation period, they may apply for a second subclass 402 visa – research stream. Both the University and the affiliate must meet the eligibility requirements and submit to the Department of Immigration and Border Protection a submission seeking “exceptional circumstances” approval for the extension period.
Processing for the subclass 402 visa – research stream occurs at the affiliate’s nearest Australian embassy/consulate if they are located outside of Australia. If the affiliate is located in Australia, processing of the subclass 402 visa – research stream application will be completed in Hobart. Find out more about processing times on the Department of Immigration and Border Protection website.
Whilst the subclass 402 visa – research stream is a “sponsored” visa, no formal Employer Nomination is required. Instead the University is required to provide the affiliate with a number of documents which must be submitted to the Embassy/consulate/Hobart as part of the visa application supporting documentation.
The processing location for the subclass 402 visa – research stream changed in November 2012. As there are no longer Employer Nominations, the activities to be undertaken by the affiliate are now mainly assessed in the overseas embassy/consulate, as part of the visa application process.
To enable sufficient time for the full process to be completed it is strongly recommended that commencement dates are set no earlier than four months after the Dean’s signed approval. This should allow the visa to be issued in time for the proposed commencement and enable the affiliate to make the required flight and travel arrangements.
The subclass 402 visa – research stream is a sponsored visa, which means the University is required to meet certain obligations. View the full list of the University's obligations on the Department of Immigration and Border Protection website.
Sourcing of accommodation
As part of our obligations, the University is required to source appropriate accommodation for the affiliate for the duration of their stay in Australia. The University is not legally required to meet the cost of this accommodation. The affiliate may accept the offer, however they are not legally required to accept any offer of accommodation and may make their own arrangements.
The faculty/unit will be responsible for sourcing accommodation for any affiliate who is invited to the University.
Notification of certain events
To assist the Immigration and Relocation Team to monitor affiliates and facilitate compliance with the University’s obligations, we require you to notify the team if any of the following situations occur:
- the affiliate fails to commence the affiliation on the date approved in the Honorary Title Nomination and Appointment form
- the affiliate fails to participate in the activities for which they were nominated to participate or the activities they do participate in are different from those notified on the Honorary Title Nomination and Appointment form, or
- the affiliate completes their activities earlier than the approved date.
If the Department of Immigration and Border Protection believes that the University is not complying with its obligations, the University will be issued with a breach notice. The consequences of a breach notice may include any of the following sanctions:
- up to two years’ imprisonment or a fine of up to $66,000 per breach
- suspension of the University from nominating any employees under the subclass 402 visa - research stream for a specified period of time
- delays in issuing visas to other visa applicants during the suspension period
- cancellation of the business sponsorship agreement; and/or
- cancellation of the visas of any sponsored employee or visitor and their accompanying family members.
The visa grant notice issued to the subclass 402 - research stream visa holder will outline the visa conditions applicable to the individual. Listed below is some information to help prepare the visa applicant.
Affiliates holding a subclass 402 visa - research stream must comply with the following conditions:
- 8103 - This visa does not allow an affiliate to be employed and therefore the holder must not receive a salary in Australia.
- 8107 - The affiliate must not engage in an activity inconsistent with the activties in relation to which the visa was granted.
- 8501 - The visa holder is responsible for obtaining and maintaining adequate health insurance for themselves and any dependants for the duration of their stay in Australia. The University will require the affiliate to provide evidence that adequate health insurance has been obtained prior to commencement of the affiliation. Travel insurance does not provide adequate health cover for the purposes of obtaining and maintaining a subclass 402 visa - research stream.
Any one or or more of these conditions may be imposed:
- 8106 - The visa holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
- 8107 - The visa holder must not engage in an activity inconsistent with the activity in relation to which the visa was granted.
- 8301 - After entry to Australia, the visa holder must satisfy relevant public interest criteria before the visa ceases.
- 8303 - The visa holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
- 8502 - The visa holder must not enter Australia before the entry to Australia of a person specified in the visa.
- 8503 - The visa holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
- 8516 - The visa holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
- 8522 - The visa holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria; and
(b) of whose family unit the holder is a member.
- 8525 - The visa holder must leave Australia by a specified means of transport on a specified day or within a specified period.
- 8526 - The visa holder must notify the Department of Immigration and Border Protection in writing, not earlier than seven (7) days before the date the visa ceases to be in effect, and not later than that date, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.
More information on health insurance requirements.