Big Changes to Australia’s Subclass 400 Visa: Extended Stays & Return Visits

The Australian government has introduced changes to the Subclass 400 Temporary Work (Short Stay Specialist) visa, focusing on stricter regulations regarding longer stays and return visits. These adjustments aim to ensure that the visa is used for its intended purpose and not as a workaround for other visa types.

Key Points:

• Closer Scrutiny of Applications: The Department of Home Affairs will now rigorously examine Subclass 400 visa applications to prevent it from being used as an unauthorized substitute for the Subclass 482 Temporary Skill Shortage visa. This visa was designed for short-term, specialized work, and stricter regulations will ensure it remains so.

• Exceptional Circumstances for Longer Stays: Visa applications requesting stays longer than three months within a 12-month period will now be scrutinized more thoroughly. Stays of up to six months will be considered only in exceptional cases, though they will not be completely discontinued. Applications that involve a worker staying for more than three months in a 12-month period will face heightened review.

  
  

• Discontinuation of Multiple Applications: The previous flexibility of allowing multiple Subclass 400 visa applications over a 12-month period has been discontinued. Workers will now be limited to staying for a maximum of three months during any 12-month period after their arrival, and return visits within that period will no longer be allowed. This prevents frequent back-and-forth entry, enforcing the visa’s short-term purpose.

• Previous Policy on Total Stay: Under prior regulations, applicants whose total stay did not exceed six months over a 12-month period were routinely approved. However, with the new changes, stays of longer than three months will now require a stronger justification, particularly in relation to the temporary nature of the work.

The Subclass 400 visa is typically granted for stays of up to six months, depending on the nature and urgency of the work. Applicants must demonstrate a strong business case for temporary work in a highly specialized role. The work must not be of an ongoing nature and should address immediate, short-term needs rather than long-term employment.

The changes aim to ensure that the Australian workforce remains a priority, with citizens and permanent residents not being displaced or disadvantaged by foreign workers. Employers should note these changes in their recruitment strategies, particularly when seeking to hire foreign specialists for short-term projects.

This update also places greater emphasis on the temporary nature of work under the Subclass 400 visa, ensuring that it remains a solution for highly specialized, short-term projects rather than ongoing employment.

Impact on Employers and Workers:

For employers, these changes may mean stricter requirements for hiring overseas talent on a short-term basis. Those who previously relied on the Subclass 400 visa for recurring projects or extended stays must now consider alternative visa pathways, such as the Subclass 482 visa, for longer-term or recurrent employment needs. Similarly, applicants should be aware of the limitations on duration and frequency of visits under this visa.

Businesses that need to bring in foreign workers for short periods should prepare stronger documentation and justifications when applying for the Subclass 400 visa, particularly for requests involving stays exceeding three months. The focus on exceptional circumstances means that companies will need to highlight the immediate, specialized nature of the work and why local talent cannot fulfill the role.