Changes to Subclass 400 – Highly Specialised Work Stream

The Subclass 400 visa, under the Highly Specialised Work Stream, allows Australian businesses to sponsor short-term, highly specialised foreign workers. However, recent policy changes, effective from August, have tightened the criteria for this visa.

The intention behind the [Subclass 400] Highly Specialised Work stream is to allow individuals with specialised skills to perform short-term, non-ongoing work without negatively affecting employment, training opportunities, or working conditions for Australians.

While the visa allows you to stay up to six months, the policy expects most workers to stay for three months or less. This limited period reduces the incentive for employers to hire foreign workers over Australians.

Here’s an overview of the new policy and its implications:

1. Stricter Scrutiny on Longer Stays

Work under the Subclass 400 visa must be “non-ongoing,” meaning it should be completed within six months, and applicants should not have plans or expectations to remain in Australia for related work beyond this period. Six-month stays will now require strong justification, as they are more of an exception.

Case officers will scrutinise applications where:

• The requested stay exceeds three months in a 12-month period.
• An overseas employer is fulfilling multiple contracts in Australia.
• Large groups apply for a single project.
• Workers are rotated through a position.
• There is concern the employer is bypassing the Australian labour market or avoiding Subclass 482 visa requirements (such as English proficiency and minimum salary levels).

Applications from countries with lower wage levels than Australia, or for lower-skill roles (ANZSCO skill levels 4 or 5), will be less likely to receive approval.

2. Return Visits

The updated policy imposes stricter controls on ‘non-ongoing’ work, limiting total stays across all Subclass 400 visas to a maximum of three months within a 12-month period unless there are exceptional reasons.

Practical Implications for Employers

• Expect Increased Scrutiny: Prepare for shorter visa approvals, and don’t assume six-month visas will be granted.
• Manage Cumulative Stay: Plan for return visits while ensuring total stay time doesn’t exceed three months within a year.
• Consider Alternative Visas: For longer or ongoing projects, the Subclass 482 visa may be a better fit.

For further advice or assistance with your business’s visa applications, reach out to an expert Australian immigration lawyer to ensure compliance and keep your project timelines on track.

We have a lot of experience in 400 visas. Contact us today on info@visaeducationexperts.com.au or +61 414 588 942.

Information provided in this website is general in nature and does not constitute immigration advice.

The information on this website can change without notice and we do not guarantee the accuracy of information.
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