Can you extend Australia's 408 Workplace Justice visa in 2026? What if your claim is not finished?
No — you cannot extend Australia's 408 Workplace Justice visa. On its official page for Australian Government Endorsed Events (Workplace Justice Pilot) (Temporary Activity visa (subclass 408)), the Australian Department of Home Affairs states plainly: "You can't stay longer in Australia by extending this visa." As of the July 2026 official page, the route to staying on is not an extension but a different visa, and if your workplace exploitation claim is still unresolved you will need a new certification to support it.
How long can you actually stay on this visa?
Your visa grant letter sets the length. The stay period starts the day the visa is granted, and the department notes that it does not restart each time you re-enter Australia.
The Workplace Justice Pilot itself was designed with two phases implemented over two years, to let temporary migrants remain in Australia while they seek workplace justice. Your own circumstances determine how long you can stay, and you can check your expiry in your grant letter or through VEVO.
If your claim is not finished, what are your options?
If your workplace exploitation claim has not been finalised before the visa expires, you may be eligible to apply for another visa. The department points holders to its visa finder to explore other visa options, without naming a single substitute — eligibility depends on what else you qualify for.
One limitation matters more than any other, because it shapes how early you should start preparing: you cannot reuse your original workplace exploitation claim certification. You must give new certification from a participating government agency or an accredited third party, and that certification must explain why you need to stay longer in Australia.
| Your situation | What the official page says |
|---|---|
| Claim not finalised before the visa expires | You may be eligible to apply for another visa; new certification required, explaining why you need to stay longer |
| Claim finalised and visa about to expire | Plan to leave Australia; to stay, you must apply for and be granted another type of visa |
| Either situation | The 408 Workplace Justice visa itself cannot be extended |
This article is general information only and is not advice tailored to your circumstances; because which other visa you might qualify for depends entirely on your own history, check the details against the department's current pages or with a qualified professional before you commit to a course of action.
Why can't you reuse the certification you already have?
The certification attached to your 408 application was issued for that grant. For any new application, the department requires fresh certification, issued by a participating government agency or an accredited third party, that sets out why you still need to be in Australia.
Practically, that means the document has to do two jobs: confirm the exploitation claim is still live, and explain the continuing need for your presence. An old certification does neither.
What if your claim has finished?
If your claim is finalised and your visa is about to expire, the official guidance is to plan to leave Australia. Staying on requires a separate application and an actual grant of another type of visa — wishing to remain is not itself a basis.
Do you have to keep pursuing the claim while you hold the visa?
Yes. You must not stop pursuing your workplace exploitation claim. If you stop, you may have to leave Australia, or apply for and be granted a new visa to remain.
There is, however, no work restriction attached. Under visa condition 8107 as described for Workplace Justice visa holders, you can work in any occupation or industry anywhere in Australia, change employers, work for more than one employer, or be self-employed — as long as the work does not prevent you from pursuing your claim. You do not need to notify the department about changes in your employment.
Does leaving Australia and coming back buy you more time?
No. You may travel outside Australia and return as many times as you like during the visa stay period, but time outside does not extend the visa, and the stay period does not restart on re-entry. Any time spent outside counts as part of the stay period.
What does it cost, and can family be included?
There is no visa application charge for this visa. You may still face other costs such as health checks and police certificates.
Members of the family unit can be included if they are in Australia when you lodge, and can be added later, if they are in Australia, through a subsequent entrant application in ImmiAccount — those added after you apply must pay a subsequent temporary application charge. Family members must also meet health and character requirements, and a baby born in Australia must be reported before they can be included in the application.
How long will a new application take?
The department publishes processing times through its Global Visa Processing Times tool rather than fixed figures, and notes that applications take longer when they are filled in incorrectly, when documents are missing or further information is needed, or when verification takes time. For someone whose 408 visa is running out, the practical point is that timing your next application is your own responsibility, not something the expiring visa absorbs.
One further thing worth knowing before you share details with any agency: under the department's Privacy Notice (Form 1442i), information you provide — including personal, biometric and sensitive information and details of the exploitation experienced — may be disclosed to other Commonwealth, State and Territory bodies, including the Australian Border Force, for investigation and enforcement aimed at improving employer compliance.
Frequently Asked Questions
Can I extend my 408 Workplace Justice visa if my claim is still running?
No. The Australian Department of Home Affairs states on the Workplace Justice Pilot page that you cannot stay longer in Australia by extending this visa. If your claim is unfinished when it expires, you may be eligible to apply for a different visa instead.
Can I use my original certification again for the new application?
No. You cannot reuse your original workplace exploitation claim certification. You must provide new certification from a participating government agency or an accredited third party, and it must explain why you need to stay longer in Australia.
What happens if my claim finishes but my visa is still valid?
The official guidance is that once your claim is finalised and the visa is about to expire, you should plan to leave Australia. If you wish to stay, you need to apply for and be granted another type of visa.
Does travelling overseas extend my 408 visa or reset the stay period?
No. You can travel and return as often as you like during the stay period, but time outside Australia does not extend the visa and the stay period does not restart when you re-enter.
Is there a government visa application charge for this visa?
No, there is no visa application charge for the Workplace Justice visa itself. You may still need to pay for other things such as health checks and police certificates, and family members added after you apply must pay a subsequent temporary application charge.
Can I work while holding this visa?
Yes, there are no work restrictions for Workplace Justice visa holders as long as the work does not prevent you from pursuing your claim. You can work in any occupation or industry, anywhere in Australia, for one or more employers, or be self-employed.