The Subclass 400 – Temporary Work (Short Stay Specialist) visa, commonly known as the 400 visa, is Australia’s primary visa for short-term work arrangements. This visa is specifically designed for individuals seeking to perform specialised, non-ongoing work that cannot be undertaken by an Australian worker.
Visa Duration and Application Process
Typically granted for a duration of up to three months, the 400 visa can be extended to six months in certain circumstances. To apply, the inviting business must provide an invitation letter to the visa applicant, outlining the nature of the work and confirming the offer of employment.
Invitation Requirements
For a business to successfully sponsor a visa applicant, it must first identify the short-term work that requires specialised skills. The terms and conditions of employment offered must be no less favourable than those available to Australian workers. This ensures that the visa program does not undermine local employment standards.
Visa Applicant Criteria
Visa applicants must demonstrate that they possess the necessary skills, qualifications, and experience to perform the required role. Additionally, they must meet the genuine visitor requirement, showing strong incentives to return to their home country after the completion of their work in Australia. Character criteria must also be fulfilled, and some applicants may need to undertake biometrics, depending on their nationality.
Processing Timeframe
The processing time for a 400 visa generally ranges from one to four weeks. However, this can vary based on a number of factors, including the complexity of the application and the individual circumstances of the applicant.
Important Considerations Under New Policy Changes
Recently, the Australian government has implemented stricter policies regarding the Subclass 400 visa. The government will now scrutinise applications more closely when the requested duration exceeds three months within any 12-month period. Although the visa permits a stay of up to six months, under the new guidelines, holders are expected to remain in Australia for three months or less unless they can present a robust business case.
Moreover, applicants who have held a Subclass 400 visa within the past 12 months may apply for another visa. Authorities will consider granting them the remaining balance of the usual three-month stay.
Closer Scrutiny for Certain Applicants
Applications from individuals hailing from countries with significant pay disparities to Australia will be subject to enhanced scrutiny. This aims to prevent companies from exploiting the Subclass 400 program as a means to employ low-paid workers. Authorities will investigate the company’s application history, including the number and nature of recent submissions, as well as any other related applications.
The new guidance also clarifies that employers intending to bring in lower-skilled foreign workers should explore the Temporary Skill Shortage Subclass 482 (TSS 482) program under the Labour Agreement stream. This helps maintain the integrity of the Australian labour market and ensures fair pay conditions, mitigating the risk of exploitation.
Checklist for Applicants
Some supporting documents that may be provided to the Australian government include:
For the Business:
- Invitation letter and/or engagement letter (e.g., for contractors)
- Evidence of short-term work, such as contracts, project documentation, or work orders
For the Visa Applicant:
- Identification
- Curriculum vitae (CV)
- Relevant qualifications
- Evidence of work experience
The Subclass 400 visa serves as a vital tool for Australian businesses seeking specialised skills for short-term projects while ensuring that the local workforce is not compromised. With the recent policy adjustments, it’s essential for both employers and applicants to stay informed about the requirements and implications of this visa program.
