The Subclass 403 Temporary Work (International Relations) visa is a specialised visa designed for individuals coming to Australia for purposes related to international relations. Unlike general work visas, the 403 visa caters to specific categories including government agreements, foreign government representation, diplomatic domestic work, statutory privileges, and the Seasonal Worker Programme.
This visa has five distinct streams, each with its own eligibility criteria, requirements, and conditions. This guide provides a comprehensive overview of all five streams, helping you determine which pathway may be suitable for your circumstances.
Key Features of the Subclass 403 Visa
- Purpose: To come to Australia under various international relations categories.
- Streams: Five distinct streams (Government Agreement, Foreign Government Agency, Domestic Worker, Privileges and Immunities, Seasonal Worker Program).
- Location: Application location depends on the stream (some require offshore application).
- Duration: Varies by stream and individual circumstances.
- Family: Family members may be included in the application.
- Cost: From AUD $375 for the main applicant.
The Five Streams of the Subclass 403 Visa
The Temporary Work (International Relations) visa allows you to come to Australia under one of five streams:
| Stream | Purpose |
|---|---|
| Government Agreement | To come to Australia under the terms and conditions of a bilateral agreement between the Australian Government (or state/territory government) and the government of another country. |
| Foreign Government Agency | For representatives of foreign governments who will not receive official status from DFAT, or foreign language teachers employed by a foreign government in an Australian school. |
| Domestic Worker (Diplomatic or Consular) | To perform domestic work in the household of someone who holds a Diplomatic (Temporary) visa (subclass 995). |
| Privileges and Immunities | For persons with privileges and immunities under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995. |
| Seasonal Worker Program | To work as a seasonal labourer in selected industries for Australian employers who cannot source local labour. |
1. Government Agreement Stream
This stream is designed for individuals coming to Australia under the terms of a bilateral agreement between the Australian Government (or an Australian state or territory government) and the government of another country.
Eligibility:
- You must be covered by a valid bilateral agreement.
- You must meet the specific requirements of that agreement.
- You must have the support of the relevant government agency.
2. Foreign Government Agency Stream
This stream has two distinct categories:
Category A: Foreign Government Representatives
- For representatives of a foreign government who will not be given official status in Australia by the Department of Foreign Affairs and Trade (DFAT).
- You must be employed by a foreign government agency.
- Your role must be official government business.
Category B: Foreign Language Teachers
- For persons employed as foreign language teachers by a foreign government in an Australian school.
- You must be sponsored by the foreign government.
- You will be teaching in an Australian school setting.
3. Domestic Worker (Diplomatic or Consular) Stream
This stream allows individuals to perform domestic work in the private household of a person who holds a Diplomatic (Temporary) visa (subclass 995).
Requirements for the Employer (Diplomat):
To employ a domestic worker under this visa, you must:
- Hold a Diplomatic visa (subclass 995) and be accredited as a diplomat or consular officer in Australia.
- Not be a permanent resident of Australia.
- Have formal support from the Department of Foreign Affairs and Trade (DFAT) to employ a domestic worker, before the worker applies for their visa.
- Intend to employ the worker to perform domestic duties in your private household.
- Sign an employment contract that is in accordance with Australian workplace conditions, as well as applicable state and territory legislation.
Employer Obligations:
- Ensure the domestic worker is employed only to perform domestic duties in your private household.
- Tell the Department of Foreign Affairs and Trade when your domestic worker first arrives in Australia and when they finally leave.
- Ensure that the domestic worker leaves Australia when they finish working for you.
Worker Entitlements:
Domestic workers have rights under Australian workplace law. The Fair Work Ombudsman can provide information and advice about workplace rights and conditions, including employer obligations.
4. Privileges and Immunities Stream
This stream is for persons with privileges and immunities under:
- The International Organisations (Privileges and Immunities) Act 1963, or
- The Overseas Missions (Privileges and Immunities) Act 1995.
This stream applies to individuals associated with international organisations or overseas missions who require specific privileges and immunities during their stay in Australia.
5. Seasonal Worker Program Stream
The Seasonal Worker Program stream allows individuals from selected countries to come to Australia to work as seasonal labourers in specified industries where Australian employers cannot source local labour.
Industries Covered:
- Horticulture
- Tourism (accommodation)
- Aquaculture
- Sugar cane
- Cotton
Key Requirements:
- You must be invited by an approved Temporary Activities sponsor to participate in the Seasonal Worker Program.
- This program is limited to selected countries only.
- You can only apply for and be granted this visa outside Australia.
Sponsorship for Seasonal Worker Program:
To be a sponsor for the Seasonal Worker Program, your organisation must:
- Be lawfully established and actively operating in Australia.
- Be an Australian organisation or government agency.
- Be an approved employer recruiting seasonal workers for the eligible industries.
- Have nothing adverse known about your organisation (or it is reasonable to disregard any adverse information).
- Have a satisfactory record of complying with Australian laws if you have previously sponsored overseas workers.
How Long Does Sponsorship Last?
- A sponsorship approval lasts for up to five years.
- If you are approved as a temporary activities sponsor, you can apply to vary (extend) your sponsorship before it expires.
- If the sponsorship period expires, you will need to reapply and be approved as a sponsor to sponsor further visa applicants.
Application Location Requirements
The location requirements for applying for a 403 visa depend on the stream:
| Stream | Application Location | Grant Location |
|---|---|---|
| Government Agreement | In or outside Australia | Must be in Australia if applied onshore; must be outside Australia if applied offshore |
| Foreign Government Agency | In or outside Australia | Must be in Australia if applied onshore; must be outside Australia if applied offshore |
| Domestic Worker | In or outside Australia | Must be in Australia if applied onshore; must be outside Australia if applied offshore |
| Privileges and Immunities | In or outside Australia | Must be in Australia if applied onshore; must be outside Australia if applied offshore |
| Seasonal Worker Program | Outside Australia only | Outside Australia only |
Important: If you apply in Australia, you must be in Australia when the visa is granted. If you apply outside Australia, you must be outside Australia when your visa is granted. The Seasonal Worker Program stream can only be applied for and granted outside Australia.
Visa Costs and Fees
Visa Application Charges
| Component | Fee |
|---|---|
| Main Applicant | AUD $375 |
| Additional Applicant (18 and over) | AUD $375 |
| Additional Applicant (Under 18) | AUD $95 |
Example Calculation:
For a family of three (main applicant, spouse, and one dependent under 18):
- Main applicant: $375
- Additional applicant 18+: $375
- Additional applicant under 18: $95
- Total: AUD $845
Sponsorship Application Fee
| Type of Application | Fee |
|---|---|
| Temporary Activities Sponsorship | AUD $420 |
Note: Fees are subject to change. Always check the current Department of Home Affairs fee schedule before lodging.
Visa Duration
The length of stay granted on a 403 visa varies depending on the stream and individual circumstances. Generally:
- Government Agreement stream: Duration aligns with the terms of the bilateral agreement.
- Foreign Government Agency stream: Typically aligned with the period of government employment or teaching assignment.
- Domestic Worker stream: Generally tied to the diplomat’s posting in Australia.
- Privileges and Immunities stream: Duration aligned with the period of privileges and immunities.
- Seasonal Worker Program stream: Typically granted for the duration of the seasonal work program (usually up to 9 months, but can vary by industry and employer nomination).
Obligations and Compliance
For Visa Holders
- Comply with all visa conditions.
- Undertake only the activities permitted under your specific stream.
- Maintain valid health insurance (if applicable).
- Depart Australia before your visa expires unless you have applied for and been granted another visa.
For Employers (Domestic Worker Stream)
- Ensure the domestic worker is employed only to perform domestic duties in your private household.
- Notify DFAT when your domestic worker first arrives in Australia and when they finally leave.
- Ensure the domestic worker leaves Australia when they finish working for you.
For Sponsors (Seasonal Worker Program)
- Comply with all sponsorship obligations.
- Ensure workers are employed in accordance with Australian workplace laws.
- Cooperate with monitoring and compliance activities.