The Australian government has tightened its policies regarding the subclass 400 visa.
Key Changes
- Case officers will now scrutinize applications more closely if the requested stay exceeds three months within any 12-month period. Although the subclass 400 visa permits a stay of up to six months, the new policy expects holders to remain in the country for three months or less unless a compelling business case is presented.
- If an applicant has previously held a subclass 400 visa within a 12-month period and applies for another, authorities may grant the remaining balance of the typical three-month stay.
- Officers will more rigorously review applications from individuals in countries with significant pay disparities compared to Australia. To determine if a company is using the Subclass 400 program to employ a low-paid substitute workforce, authorities will examine the company’s history, including the number and nature of recent applications, and consider other applications filed by the same company for similar purposes.
The new guidance also advises employers seeking to use the subclass 400 visa for lower-skilled foreign workers to instead utilize the Temporary Skill Shortage subclass 482 (TSS 482) program under the Labour Agreement stream. This approach helps maintain Australian labor market standards and pay conditions while minimizing exploitation risks.
- In urgent cases where a senior executive of a multinational company needs to travel to Australia on short notice for ongoing work, and there is evidence of a filed or nominated TSS 482 visa application, employers may consider submitting a subsequent subclass 400 visa application under the Australia’s Interest stream.
- This allows the individual to enter Australia before the TSS 482 visa is finalized. Applicants under this stream must demonstrate the urgency of their entry and prove that the seniority of the role and the nature of the organization are such that Australia’s interests would be impacted if the position remains unfilled.
Erickson Insights & Analysis
To learn more about the Work and Holiday visa ballots, including registration and selection periods, refer to Temporary Work (Short Stay Specialist) visa (subclass 400). Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.