Who can apply for Australia's Subclass 408 Workplace Justice visa in 2026?

Plain-language guide · general information, not immigration advice

You can apply for the Workplace Justice stream of the Temporary Activity visa (subclass 408) if you are in Australia but not in immigration clearance, you hold a temporary substantive visa with work rights that has no more than 28 days remaining (or you held one that ceased within the last 28 days), and you already have certification of your workplace exploitation claim from a participating government agency or an accredited third party. That summary comes from the Australian Department of Home Affairs' Australian Government Endorsed Events (Workplace Justice Pilot) page for the Temporary Activity visa (subclass 408). It is general information about published rules rather than advice on any one person's case; because eligibility turns on your own visa history and evidence, the current official page and a qualified professional are the safer references for a decision.

Who is this stream actually for?

The stream exists so that a person can remain temporarily in Australia to pursue a workplace exploitation claim. The Department's page states two continuing obligations alongside the application: you must remain temporarily in Australia to pursue that claim, and you must include members of your family unit in your application if they are in Australia.

The category sits within subclass 408 as the workplace justice stream (408.228A in the Migration Regulations 1994). One practical difference from most other 408 activities: the Migration Regulations 1994 provide that the workplace justice category does not require a sponsor or supporter to pass the sponsorship or support test, so no sponsor, supporter or employer needs to be approved before you can lodge.

Do I have to be in Australia when I apply?

Yes. The Department lists "be in Australia, but not in immigration clearance" as a process requirement, and repeats it at the application step: you must apply online, and you must be in Australia but not in immigration clearance when you apply. Immigration clearance is the border process you pass through on arrival, so someone who has not yet cleared, or who is outside Australia, does not meet the stated condition.

The same onshore rule applies to family members who apply with you — each must be in Australia and not in immigration clearance at the time of application, and each must have the required fee paid where a fee applies and documents attached to their own application.

What does the 28-day rule mean?

The rule has two limbs, and you only need to satisfy one of them. Both refer to a temporary substantive visa with work rights — a bridging visa or a visa without work rights does not satisfy the wording.

Your situation at lodgement	Does it fit the stated rule?
Current temporary substantive visa with work rights has ≤28 days left	Yes — lodge in that window
Such a visa ceased (expired or otherwise ended) within the last 28 days	Yes — the 28-day grace limb
More than 28 days remain, or the visa ceased more than 28 days ago	Not within the rule as published

The official page frames these as process requirements, not as targets: if your visa still has months to run, this stream is not the route the page describes. The Department also warns against asking to have the visa you currently hold cancelled — if it is cancelled you would be staying unlawfully and any bridging visa would cease.

Does my exploitation claim have to be certified first?

Yes, and it comes before the application rather than after it. Step one on the Department's page is to report the workplace exploitation to a participating government agency or an accredited third party so that they can help resolve the claim, including certifying it. The certification must then be attached when you lodge, because "give us evidence to support your application, including certification of your workplace exploitation claim" is listed as a document requirement.

The Department points to the legislative instrument on who can certify a claim (F2024L00918 on the Federal Register of Legislation) for the list of participating agencies and accredited third parties. What the visa page itself makes clear is the sequence: report, obtain certification, then lodge with the certification attached.

What documents does the Department list?

Beyond the certification, the gather-your-documents step lists:

Identity — the pages of your current passport showing your photo, personal details, and issue and expiry dates; a national identity card if you have one; and proof of any change of name.
Financial capacity — evidence of current or upcoming employment such as a contract or job offer, or other evidence of your financial position. The page adds that bank statements, allowances and accommodation can also be considered.
Character — a police certificate, but only if and when the Department asks for one.
Under-18 applicants — birth certificates or the family book showing both parents' names, adoption papers where relevant, and consent from anyone with legal responsibility for where the child lives who is not travelling with them.

The Migration Regulations 1994 material adds the general 408 criteria that sit behind the checklist: adequate health insurance arrangements, a genuine intention to stay temporarily for the visa's purpose, sufficient funds, the public interest criteria, and the special return criteria.

How long can I stay, and do I need health insurance?

The Department's page describes the grant as 6 months, or up to 12 months depending on your circumstances. The Migration Regulations 1994 allow a longer maximum stay for the workplace justice and government-endorsed categories, but the Department's Workplace Justice Pilot page sets the grant period for this stream at 6 months, or up to 12 months depending on your circumstances.

Health insurance is not optional. The process list requires you to maintain adequate health insurance during your stay, and the after-you-apply section repeats it as a condition of the visa.

What happens after I apply?

If you were in Australia when you applied, the page says you may be granted a Bridging visa A if you held a substantive visa at the time, or a Bridging visa C if you did not; the bridging visa starts when your current visa expires and lets you remain lawful while the application is processed. Both cease if you leave Australia, so if you plan to travel outside Australia while your application is being processed, the page says you might need to apply for and be granted a Bridging visa B (BVB) before you leave.

Two further points from the page: the Department does not give status updates within the standard processing time and instead surfaces requests for more information in ImmiAccount, and if your circumstances change so that you no longer need this visa you must withdraw — otherwise the visa may be granted and any other substantive visa you hold will cease at the moment of grant. The application fee is not refunded if the application is refused.

Frequently Asked Questions

Can I apply if my visa expired three weeks ago?

Yes, on the wording of the official page, provided the visa was a temporary substantive visa with work rights and it ceased within the last 28 days. You would fall into the second limb of the 28-day rule rather than the "time remaining" limb. If you did not hold a substantive visa when you applied, the page says you may be granted a Bridging visa C rather than a Bridging visa A.

Do I need a sponsor or an employer to back my application?

The Migration Regulations 1994 provide that the workplace justice category does not require a sponsor or supporter to pass the sponsorship or support test. You still need to show financial capacity, but the official page allows that to be evidenced by an employment contract or job offer, or by other evidence of your financial position, with bank statements, allowances and accommodation also considered.

Must my partner and children be included?

The Department states that you must include members of the family unit in your application if they are in Australia. Family members who apply with you must also be in Australia and not in immigration clearance, and each needs their own fee paid where one applies and their own documents attached. Family members who are in Australia may be added after you apply through a subsequent entrant application, and the page notes that a subsequent temporary application charge applies.

Is there an application fee?

The Department's page refers to paying the application fee where one is required; it does not publish an amount, so no figure should be assumed. It does state that the fee is not refunded if the application is refused.

Can I travel overseas while my application is being processed?

Not on a Bridging visa A or C — the page says those visas cease when you leave Australia. If you plan to travel during processing, the page directs you to the Bridging visa B (subclass 020) and to obtaining it before you leave, and reminds applicants to hold a visa that permits re-entry.

What happens if my application is refused?

The Department says it will tell you in writing why the visa was refused and whether you have a right to a review of the decision. Many subclass 408 refusals are reviewable by the Administrative Appeals Tribunal depending on the reason for refusal, and any review application must be lodged within the period stated in the refusal notice.