How long can you stay on Australia's 408 Workplace Justice visa in 2026? 6 or 12 months
Six months is the baseline, twelve is the ceiling. On the Australian Government Endorsed Events (Workplace Justice Pilot) stream of the Temporary Activity visa (subclass 408), the Australian Department of Home Affairs states a stay of 6 months, or up to 12 months depending on your circumstances, and the number that actually binds you is the one written in your visa grant letter. This follows the Department of Home Affairs official page Australian Government Endorsed Events (Workplace Justice Pilot) (Subclass Temporary Activity visa (subclass 408)), as published as at July 2026. The rest of this article is general reference material about published rules, not personalised legal or migration advice — where your own facts matter, rely on the latest official information or a qualified professional.
How long is the 408 Workplace Justice visa stay period?
The official page gives the answer in one line: 6 months (or up to 12 months, depending on your circumstances). It is a temporary visa, and its purpose is narrow — to let you remain in Australia to pursue a workplace exploitation claim, not to give you a general right to live and work in Australia.
The 6-month figure and the 12-month figure are not two separate visa options you choose between at the application form. The Department decides the length for you, and communicates it in the visa grant letter.
What decides whether you get 6 months or 12 months?
The official page does not publish a grid, points test or list of evidence that maps particular facts to the 12-month figure. It says only that your circumstances will determine how long you can stay, and that the length will be told to you in the visa grant letter.
What the page does make clear is what the visa is tied to: you must remain temporarily in Australia to pursue your workplace exploitation claim, and you must not stop pursuing it. The Workplace Justice Pilot itself is designed to run in two phases over two years. So the practical reading is that the length follows the claim you are pursuing rather than a fixed entitlement — and the only place your actual length appears is your own grant letter.
When does the stay period start, and where do I find my end date?
The visa stay period starts on the day the visa is granted, and it is shown on the visa grant letter. It does not start on the day you apply, the day you receive your certification, or the day you first enter Australia after a trip abroad.
You can confirm your dates two ways:
- Your visa grant letter, which states the length of the visa.
- VEVO (Visa Entitlement Verification Online), which shows your visa details, conditions and the date you must leave.
Because the visa is digitally linked to your passport, you will not receive a physical visa label; the grant notification letter gives you a grant number you can use to access your digital record.
Does the clock reset if I leave Australia and come back?
No. You may travel outside Australia and return as many times as you like during the visa stay period, but the stay period does not restart each time you re-enter, and time spent outside Australia does not extend the visa. Any time you spend overseas counts as part of the stay period.
So a 6-month grant covers six calendar months of the visa's life, whether you spend them inside Australia, outside it, or a mix of both.
What if my workplace claim is not finished when the visa expires?
You cannot extend this visa. The official page is explicit that you can't stay longer in Australia by extending it.
If your workplace exploitation claim has not been finalised before the visa expires, you may be eligible to apply for another visa. Two things matter here:
- 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 for an application made on this basis it must explain why you need to stay longer in Australia.
If your claim has been finalised and your visa is about to expire, the page directs you to plan to leave Australia; staying means applying for and being granted another type of visa.
What can you do during the 6 or 12 months?
Work is not restricted. For Workplace Justice visa holders there are no work restrictions, as long as working does not prevent you from pursuing your claim. You can work in any occupation or industry, anywhere in Australia, change employers, work for more than one employer, and be self-employed — and you do not need to notify the Department of employment changes.
Alongside that freedom sit real obligations: you must keep pursuing your claim, maintain adequate health insurance during your stay, follow all visa conditions and Australian laws, and tell the Department about changes such as your phone number, email, address, passport, relationship status, or the birth of a child.
Family members of the family unit who are in Australia when you lodge must be included in your application. Those added later, once you have applied, come in through a subsequent entrant application and must pay a subsequent temporary application charge; all family members must also meet health and character requirements. A child born in Australia must be reported as soon as possible, before they can be included.
Who can apply for this visa in the first place?
The stream is narrow, and the stay length is only one part of it. To apply you must be in Australia but not in immigration clearance, and you must hold a temporary substantive visa with work rights that has no more than 28 days remaining, or have held one that ceased within the last 28 days. You must also have certification of your workplace exploitation claim from a participating government agency or an accredited third party, and maintain adequate health insurance.
There is no visa application charge for this visa. You may still face other costs such as health checks and police certificates. For processing times, the Department points applicants to its visa processing time guide tool rather than publishing a fixed number, and warns that applications take longer when forms are filled in incorrectly, documents are missing, or information needs verification.
Frequently Asked Questions
Is the 408 Workplace Justice visa 6 months or 12 months?
The Department of Home Affairs states 6 months, or up to 12 months depending on your circumstances. Your visa grant letter carries the figure that applies to you, so treat that letter as authoritative rather than the general range.
When does my stay period begin?
It starts on the day the visa is granted and is printed on the visa grant letter. It is not linked to when you applied or to any later travel.
If I spend two months overseas, do I get those two months back?
No. Time outside Australia counts as part of the stay period, and the period does not restart on re-entry. Travel is allowed as often as you like within the stay period, but it never extends it.
Can I extend the visa if my claim is still running?
No — this visa cannot be extended. You may be eligible to apply for another visa, but you must supply new certification from a participating government agency or an accredited third party explaining why you need to stay longer; the original certification cannot be reused.
How do I check the exact date I must leave?
Your visa grant letter shows the length of the visa, and VEVO shows your visa details, conditions and the date you must leave. Checking VEVO before any travel is the simplest way to confirm your visa is still in effect.
Do family members get the same stay period?
Members of the family unit in Australia must be included in your application, and their permission to stay travels with that application. Family members must also meet health and character requirements, and those added after you apply must pay a subsequent temporary application charge.
Is there a fee for this visa?
There is no visa application charge for this visa. You may still need to pay for health checks, police certificates, and — for family added after lodgement — the subsequent temporary application charge.