The subclass 400 visa provides an ideal solution for Australian businesses needing short-term, specialised skills that are difficult to source locally. Whether it’s for urgent projects, high-level training, or technical installations, this visa allows companies to quickly access international talent without the long-term commitment required by other visa types. With its streamlined process, businesses can bring in highly skilled professionals from overseas to address immediate demands, ensuring smooth operations and the successful execution of key tasks.
However, recent changes in government policy have introduced more stringent conditions for obtaining the subclass 400 visa, making it crucial for businesses to understand these new requirements. The Australian government is now placing tighter restrictions on the subclass 400 visa to prevent potential misuse and ensure that local workers are not unfairly displaced. This has led to two significant areas of reform.
Firstly, case officers will now more closely scrutinise applications that request a stay longer than three months in any given 12-month period. Although the visa allows for a maximum stay of up to six months, the updated policy expects most applicants to remain in the country for no more than three months, unless a strong business case can be demonstrated. If the applicant has already held a subclass 400 visa within the previous 12 months, authorities may only grant the remaining balance of the usual three-month period for the second visa application.
Secondly, closer attention will be given to applications from individuals from countries with significant wage disparities compared to Australia. This is part of a broader effort to ensure that the Subclass 400 visa is not being used to undercut Australian wages by hiring lower-paid foreign workers. Authorities may review the company’s history of applications to determine if there is a pattern of using this visa for low-cost labour, particularly by examining the number and nature of recent submissions.
Additionally, the new guidance directs employers aiming to bring in lower-skilled workers to the Temporary Skill Shortage (TSS) subclass 482 visa under the Labour Agreement stream, which better safeguards Australia’s labour standards. This ensures that foreign workers coming into the country meet specific wage and labour market requirements, minimising the risk of exploitation and preserving fair competition in the local job market.
For businesses that have an urgent need for senior executives to enter Australia on short notice—especially those who work for multinational corporations—there is an option to apply for the subclass 400 visa under the “Australia’s Interest” stream. This provision is available if there is an immediate need for the executive’s presence before their TSS 482 visa is finalised. In these cases, applicants must prove the urgency of the travel and show that the seniority of the role and the organisation’s impact on Australia’s interests justifies fast-tracking the visa.
In conclusion, the subclass 400 visa remains a valuable tool for businesses needing short-term, specialised skills, but the recent policy changes reflect the government’s effort to balance this need with protecting local employment and ensuring fair wage conditions. Companies should be well-informed of these new regulations and ensure their applications meet the revised criteria to successfully navigate the process and make the most of this visa program.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is designed to provide informative guidelines for general informational purposes only. The information provide is accurate during the time of publication. Please consult with our Australian MARN registered agents via our content forms on our website or call on 1800 567 663 to make an appointment.
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