The Australian government has recently announced some important changes to the subclass 400 temporary work (short stay specialist) visa.
Introduction
The Australian government has recently announced some important changes to the subclass 400 temporary work (short stay specialist) visa. These changes are aimed at ensuring Australian citizens and permanent residents are not disadvantaged in the Australian job market, as well as preventing migrant worker exploitation.
Read on for a summary of how this policy update will impact prospective holders of this visa, and what vital information employers need to know following these changes.
What is the Subclass 400 visa?
The subclass 400 visa provides its holder with the right to stay in Australia up to six months. The visa is a vital tool for Australian businesses that have a genuine need for short-term, highly specialised foreign employees.
Prospective workers can apply for this visa if they have specialised skills, knowledge, or experience that can assist Australian business, and cannot be reasonably found in the Australian labour market. The work also must be non-ongoing, which means that it must be likely to be completed in less than six months.
In August 2024, the policy changes have taken effect to tighten the Subclass 400 visa eligibility. The Australian government made these changes to ensure Australian citizens and permanent residents are not disadvantaged in the Australian job market. According to the new policy, the new policy will reduce the financial incentive for domestic employers to hire overseas workers instead of Australians.
Key change 1 – Applications will be highly scrutinised
One key aspect of this policy change is the level of scrutiny to be applied to Subclass 400 applications. The Australian government has announced that it will now examine applications for this visa more thoroughly, in a bid to ensure that the visa is not used as an unauthorised alternative to the temporary skill shortage (Subclass 482) visa.
The Department has announced this intention to carefully examining applications from different angles, suggesting that a smaller proportion of applicants will be successful in their application for this visa.
Key change 2 – Duration of visas will be limited
These policy changes have also impacted the period of stay allowed by the Subclass 400 visa. Technically, the temporary work visa allows its holder to stay in Australia for a period of up to six months.
Following the recent changes, temporary work visas with a duration of six months will become the exception, rather than the rule. Now, applicants who apply for this visa with a duration of six months will have to present a strong business case alongside their applications, showing that there are exceptional circumstances requiring a stay period longer than three months.
Businesses and prospective visa holders should also be advised that applications for a visa with a duration of six months will be heavily scrutinised, and less likely to succeed.
Key change 3 – Multiple applications no longer allowed
Under the new policy changes, the option for Subclass 400 visa holders to submit multiple visa applications over the course of 12 months has been removed. Now, visa holders will only be permitted to stay in Australia for the duration of the visa they were initially granted, without the option to extend their stay in Australia through multiple applications.
Key change 4 – Return and revisit rights to be limited
Previously, the subclass 400 visa allowed for visa holders to leave Australia without losing their visa status. Following the recent changes, temporary work visa holders will now be permitted to stay in Australian territory for a maximum of three months within a 12-month period, minimising flexibility of the ‘non-ongoing’ work requirement.
It is important to know that this three-month period will begin as soon as the visa holder arrives in Australia, and will no longer permit returns and revisits during that 12-month period. Under these changes, if a temporary work visa holder who has been in the country for a short time leaves Australia, they will not be permitted to re-enter the country, even if they have not stayed in the country for three months.
Key Takeaways
There are a few key practical takeaways of this policy that employers should consider in their recruiting efforts and workforce planning. Firstly, do not assume the availability of a six-month stay period for this visa. Be prepared for any application to be highly scrutinised, and remain aware that shorter stay periods are more likely to be approved. Employers should also plan for the return visit of their overseas worker, ensuring that their stay period is, at most, 3 months within a year. Employers with longer or ongoing projects looking to hire overseas workers should also consider alternative visa pathways (such as the subclass 482 visa).
Seeking professional advice from the experienced immigration law team at Align Law Immigration will make a world of difference in navigating this new policy and ensuring compliance. Consulting with an expert migration lawyer at Align Law Immigration can proactively ensure that your business remains compliant, and your project timelines stay on track. If you wish to understand further details of the changes or require any assistance with your visa, please contact Michelle Collins.
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