Australia announces new work visa rules for Subclass 400. Find out if you can apply?

Highlights: New work visa rules are introduced by Australia on Subclass 400 visas

• Australian government introduced new rules for Subclass 400 visa.
• The Subclass visa is granted for up to 3 to 6 months and can be completed within three months.
• The reason behind the new work visa rules for Subclass 400 is to ensure that Australian citizens and permanent residents are not disadvantaged in the job market.
• The two notable changes in the new policy are ‘scrutinizing longer-term stays' and 'return visits.'

 

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New rule for Subclass 400 visa

The subclass 400 visa is most commonly used for business-related work in the country. It requires workers in Australia on a short-term basis to complete non-ongoing highly specialized jobs. The visa can be granted for up to 3 or 6 months, depending on the business that refers to 'non-ongoing' work that will be completed within three months.

 

The new rule for Subclass 400 will ensure that every application is investigated to determine whether any businesses are using Subclass 400 as an alternative to the Subclass 482 visa, where work is not 'non-ongoing.' This change ensures that Australian citizens and PR holders are not disadvantaged in the job market. The two changes that are more focused on are 'scrutinising longer-term stays' and 'return visits.'

 

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Scrutinizing longer-term stays

The current Subclass 400 visa policy case officers are expected to closely scrutinize applications that will result in workers being in Australia for more than three months over 12 12-month periods. This new rule will not stop visa processing for six months until and unless they have a genuine reason.

 

For example, circumstances in which the government will allow six months subclass 400 visa grants are:

 

• Application from residents of countries with lower income than Australia
• Where an employer intends to fulfill multiple separate contacts
• Lower Skilled role in ANZSCO skill level 4 or 5

 

Return visits

This policy includes a specific connection to an easy process for the work requirement that provides an assessment approach to applicants who can submit more than one subclass 400 visa application over 12 months. This flexibility has now been removed.

 

Currently, the policy may consider granting multiple subclass 400 visas over 12 months, which will not result in visa holders being in Australia for more than three months over a 12-month. This is a significant reduction from the recent policy, which referred to approving applications where the total stay would not exceed six months over 12 months.  

 

Previous holders of Subclass Visa 400 who have held the visa within 12 months will be granted subsequent Subclass 400 visas, the duration of which will be consistent with the balance remaining of a total 3-month stay over a 12-month period.

 

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