Recently the Department of Home Affairs has implemented changes to the 400 Visa that make it harder for applications to be approved. The Department is scrutinizing 400 Visa applications to ensure this pathway is not used by employers and applicants to apply for the Subclass 482 TSS Visa. The Department’s motivation behind this policy change is also to ensure Australian citizens and permanent residents are not disadvantaged in the job market.
What is the Subclass 400 Temporary Work (Short Stay Specialist) Visa?
The Subclass 400 Temporary Work (Short Stay Specialist) Visa, is used by Australian businesses inviting an overseas worker to come to Australia to work in a high specialised role for a short period of time (3 or 6 months). The work or activity must be non-ongoing. The overseas worker must have highly specialized skills, knowledge or expertise that will benefit the Australia business.
What are the main changes?
- Return visits – The previous flexibility of multiple applications over a 12 month period has ceased with this policy change. Subclass 400 Visa holders granted a 3 month stay in Australia will not be allowed to return and revisit multiple times after completing the 3 month stay within the 12 month period.
- Increased scrutiny for 6 month stay – Subclass 400 Visa applications requesting 6 month stay will be closely investigated and must be considered ‘exceptional’ to be approved. These applications will need to be supported by strong evidence that is compelling.
For 400 Visa applications, the Australian business must provide evidence that they have tried to recruit Australian workers for this position. With this policy change, it has become difficult for a 400 Visa approval, especially for those applications requesting a 6 month stay in Australia. Subclass 400 visas are being closely scrutinised and therefore, employers should also be cautious when submitting the 400 Visa application.
Employers should keep these policy changes in mind when considering whether a 400 or a 482 visa is the best pathway.
If you would like further advice, feel free to contact our office below. We can help you assess the strength of your 400 Visa application and prepare and lodge the application on your behalf.
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