Document checklist for Australia's 408 Workplace Justice visa in 2026: identity, funds, character and minors
What documents the 408 Workplace Justice visa requires in 2026: claim certification, identity, funds, police checks and under-18 consent.
2026-09-29
For the Workplace Justice stream of the Temporary Activity visa (subclass 408), the required evidence is short but front-loaded: certification of your workplace exploitation claim, the identity pages of your current passport, proof that you can support yourself financially, any police certificate the Department later asks for, and a separate consent package for applicants under 18. This reflects the Australian Department of Home Affairs' official page Australian Government Endorsed Events (Workplace Justice Pilot) (Subclass Temporary Activity visa (subclass 408)). The following checklist is general information about published requirements rather than advice on any individual case, so where your circumstances differ, the Department's current official guidance and a qualified professional remain the reference points.
What has to be in the application before you lodge it?
The certification of your workplace exploitation claim cannot be added later without consequence because it must be attached when you lodge; evidence that supports your identity does not carry that timing requirement, as the Department says you can attach documents you did not include when you applied as soon as possible in ImmiAccount.
The process begins before the visa application. You report workplace exploitation to a participating government agency or an accredited third party so they can help resolve the claim, and that body certifies the claim. You must attach the certification when you lodge. The Department points to the legislative instrument that sets out who can certify a claim, rather than naming those bodies on the visa page itself.
Alongside it, the Department requires accurate information, and it publishes separate guidance on what happens if you cannot prove your identity or do not provide true information.
| Document group | What the official page requires |
|---|---|
| Workplace exploitation claim | Certification from a participating government agency or accredited third party, attached at lodgement |
| Identity | Current passport pages showing photo, personal details, and issue and expiry dates; national identity card if you have one |
| Change of name | Marriage or divorce certificate, change of name documents from an Australian Registry of Births, Deaths and Marriages or the relevant overseas authority, or documents showing other names you have been known by |
| Financial capacity | Evidence of current or upcoming employment (contract or job offer), or other evidence of your financial position; bank statements, allowances and accommodation may also be considered |
| Character | A police certificate if and when the Department tells you to get one |
| Under 18 | Birth certificate or family book showing both parents' names, adoption papers if applicable, plus a consent package |
Who can certify a workplace exploitation claim?
Certification must come from a participating government agency or an accredited third party — the kind of body that helps you resolve the claim, not merely a person who knows about it. The visa page refers readers to the legislative instrument for the list of who qualifies, so the authoritative answer sits in that instrument rather than in the visa description. If the body assisting you is not one of the participating agencies or accredited third parties named there, its letter will not satisfy this requirement.
Which identity documents do you need?
Provide the pages of your current passport that show your photo, your personal details, and the passport issue and expiry dates. If you hold a national identity card, include it.
Proof of change of name is a separate requirement, and it applies whenever the name on your passport differs from the name on other evidence. Acceptable documents include a marriage or divorce certificate, change of name documents issued by an Australian Registry of Births, Deaths and Marriages or by the relevant overseas authority, and documents that show other names you have been known by. The practical test is continuity: every name you have used should be traceable from one document to the next.
How do you show you can support yourself?
You must show that you can support yourself, and the Department gives two routes. The first is evidence of your current or upcoming employment, such as an employment contract or a job offer. The second is other evidence of your financial position. The page also states that bank statements, allowances and accommodation can be considered.
Assume an applicant has no job offer yet and is relying on savings plus rent-free accommodation with relatives: the contract route is unavailable, so the application rests on bank statements and a clear account of the accommodation and any allowance, which the Department says it can take into account.
For scale, guidance drawn from the Migration Regulations 1994 and the Department's procedures advice treats adequate funds under clause 408.215 as assessable against living-cost benchmarks of the kind used for student visas, with in-kind support such as board and lodging reducing the amount needed. Those benchmark figures are published and revised separately, so confirm the current published amounts rather than relying on any earlier figure. Readers should treat the official visa page's wording — evidence of employment or of your financial position, with bank statements, allowances and accommodation also considered — as the operative statement of what to upload.
When is a police certificate required?
The Department tells you if and when you need to obtain a police certificate; it is not something you are asked to pre-emptively attach in every case. Character requirements for this subclass sit in the public interest criteria set out in the Migration Regulations 1994, and a request will come through the normal correspondence channel if your case triggers one. Check ImmiAccount rather than assuming silence means clearance.
What do applicants under 18 have to add?
Two layers apply.
First, baseline documents: copies of the birth certificate or the family book showing the names of both parents, and copies of adoption papers where applicable.
Second, consent. You must obtain consent for any applicant under 18 from anyone who has a legal right to decide where the applicant lives and who is not coming to Australia with the applicant. That person completes either Form 1229 (Consent form to grant an Australian visa to a child under the age of 18 years) or a statutory declaration giving their consent for the applicant to visit Australia on this visa.
| Consent pathway | When it applies |
|---|---|
| Form 1229 | Completed by a person with legal rights over where the child lives who is not travelling to Australia with the child |
| Statutory declaration | Accepted as an alternative to Form 1229, giving consent for the child to visit Australia on this visa |
| Australian court order | Alternative evidence where a court order allows the applicant to visit Australia |
| Home country law | Alternative evidence where the laws of the home country allow the visit |
Whichever route is used, include an identity document showing the signature and photo of the person who completed the form or declaration — a passport or driver's licence, for example — plus adoption papers or other court documents where relevant.
Who is allowed to help you prepare the application?
Only some people can lawfully give immigration assistance. If you appoint someone for that purpose, they must be a registered migration agent, a legal practitioner, or an exempt person. Anyone may be appointed to receive documents on your behalf.
The appointment is done with forms: Form 956A (Appointment or withdrawal of an authorised recipient) to nominate someone to receive correspondence, and Form 956 (Appointment of a registered migration agent, legal practitioner or exempt person) to nominate someone to provide immigration assistance. These are uploaded to ImmiAccount. Because the Workplace Justice stream exists for people who have already been through workplace exploitation, the question of who is being paid to help, and under what registration, is worth settling before any documents change hands.
What happens with health insurance, health exams and biometrics?
Maintaining adequate health insurance during your stay is a condition of the visa. If you did not undergo health examinations before applying, the Department will tell you if they are needed, and it may also ask for biometrics — fingerprints and a photo — if your case requires them. Both requests arrive through ImmiAccount, which is also where you attach any documents you did not include at lodgement.
Where and when can you lodge, and what about family members?
You must apply online, and you must be in Australia but not in immigration clearance when you apply. Any family members applying with you must also be in Australia and not in immigration clearance. Each family member needs their own application fee paid where one applies and their own documents attached.
After lodgement, the Department confirms receipt but does not give status updates within the standard processing time; you can check in ImmiAccount whether more information is needed. If you were in Australia when you applied, a Bridging visa A may be granted if you held a substantive visa, or a Bridging visa C if you did not. Neither lets you re-enter Australia if you leave, so travel during processing may require a Bridging visa B granted before departure. If your circumstances have changed and you no longer need the visa, you are expected to withdraw the application; if it is granted instead, any other substantive visa you hold ceases at that point. The application fee is not refunded if the application is refused.
Under the Migration Regulations 1994, the Workplace Justice category (clause 408.228A) sits among the activity streams in Subdivision 408.22 and is one of the categories that does not require a sponsor or supporter to pass a sponsorship or support test, with a stay period of up to four years.
Frequently Asked Questions
Do I need a job offer to prove I can support myself?
No. The official requirement is evidence of current or upcoming employment such as a contract or job offer, or other evidence of your financial position. Bank statements, allowances and accommodation are also listed as things the Department can consider.
Is the certification of my workplace exploitation claim optional if I have other evidence?
No. The certification given by a participating government agency or an accredited third party must be attached when you lodge the application. It is a distinct requirement from identity, funds and character evidence.
When should I get a police certificate?
Only when the Department tells you to. The official page states it will let you know if and when a police certificate is needed, so requests arrive through ImmiAccount rather than being assumed at lodgement.
Can a statutory declaration replace Form 1229 for a child's consent?
Yes. A person with the legal right to decide where the child lives who is not travelling with the child can complete either Form 1229 or a statutory declaration giving consent. An Australian court order, or home country law allowing the visit, are listed as further alternatives.
Can I apply from outside Australia?
No. You must apply online, and you must be in Australia but not in immigration clearance at the time you apply. Family members included in the application must meet the same location requirement.
Do I need to change my documents if my name changed after marriage?
Yes, proof of change of name is a listed requirement. A marriage certificate, a change of name document from an Australian Registry of Births, Deaths and Marriages or the relevant overseas authority, or documents showing other names you have used can serve this purpose.
References
- Australian Department of Home Affairs — Australian Government Endorsed Events (Workplace Justice Pilot) (Subclass Temporary Activity visa (subclass 408))
- Federal Register of Legislation — instrument setting out who can certify a workplace exploitation claim
- Federal Register of Legislation — Migration Regulations 1994
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