The Australian Department of Home Affairs has introduced substantial changes to the Subclass 400 Temporary Work (Short Stay Specialist) Visa. These changes aim to prevent misuse of the visa and protect Australian job opportunities, impacting how employers and applicants approach short-term work assignments in Australia.
What is the subclass 400 visa?
The Subclass 400 Temporary Work (Short Stay Specialist) Visa is used by Australian businesses to bring in overseas workers for high-skill, short-term roles. The visa’s duration is generally up to three months, or six months in “exceptional” cases, for work that requires specialised expertise that benefits the Australian business but is non-ongoing.
Key policy changes
Return visit limitations
Previously, Subclass 400 Visa holders could apply multiple times in a 12-month period. Now, a 3-month stay is the maximum within a year. This change restricts employees from returning multiple times within the same year.
Stricter 6-month stay approval
Six-month stays are now allowed only under “exceptional” circumstances, requiring strong, documented evidence that demonstrates the need. Without sufficient justification, these applications will likely be denied.
Enhanced scrutiny for specific applicants
Applications from countries with significant wage differences relative to Australia will face extra scrutiny. Authorities will closely assess whether the 400 Visa might inadvertently impact local employment standards or be used as a workaround for the 482 Temporary Skill Shortage Visa.
Employer obligations for local recruitment
Employers must prove they attempted to recruit Australian workers before resorting to the 400 Visa, reflecting the policy’s intention to protect local job opportunities.
Increased compliance checks
Case officers will investigate instances where the visa is used for continuous or rotating contracts, low-skill roles, or where companies apply for multiple 400 visas. The government aims to prevent businesses from using this visa for regular work that would better suit a different visa type.
Genuine Temporary Entry requirement
The 400 Visa is exclusively for non-ongoing work. Applicants must genuinely intend to stay only temporarily. Those from countries with significant pay disparities face a high level of scrutiny to confirm this intent.
Australia’s interest stream
For unique cases that may impact Australia’s interests, such as emergency assistance, diplomatic relations, or crucial business needs, a 400 Visa may be granted to a senior executive or specialist, even if they’ve applied for a 482 Visa. However, applicants must provide proof of urgent need and the role’s critical impact on Australia.
Navigating these changes can be challenging. For help with assessing your 400 Visa application and ensuring compliance, please contact our expert team at aisupport@absoluteimmigration.com
