Australia | Change to the subclass 400 temporary work visa

The Australian government announced changes for the subclass 400 temporary work (short stay specialist) visa related to longer term stays and return visits.

Key Points:

• The Department of Home Affairs will now scrutinize subclass 400 visa applications more closely to ensure the pathway is not used as an unauthorized alternative to the subclass 482 temporary skill shortage visa.
• Under the changes, visa applications with durations of six months are expected to be considered exceptional (though not discontinued) and officials will more closely scrutinize the visa applications where a worker must stay for more than three months in a 12-month period.
• Additionally, the flexibility of multiple applications over 12 months has been discontinued.
• Subclass 400 visa holders will be allowed to stay for three months over a 12-month period after arrival and will not be allowed to return and revisit multiple times over that same 12-month span.
• Applications where the total stay does not exceed six months over a 12-month period were previously approved under the former policy.

Additional Information: The subclass 400 visa is generally granted for up to six months depending on the circumstances for a stay period longer than three months. A strong business case must be provided with the application for short-term work in a highly specialized role and the work or activity must not be ongoing.

BAL Analysis: Officials stated the changes are designed to ensure Australian citizens and permanent residents are not disadvantaged in the job market. Employers should be aware of the implementation of new changes in their recruiting efforts.

This alert has been provided by the BAL Global Practice Group.

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