Australia tightens temporary work visa rules: Here are the key changes

Australia has introduced stricter rules for its temporary work visa, known as the subclass 400 Short Stay Specialist visa. The government aims to ensure that local workers are not disadvantaged and prevent visa misuse for longer-term roles.

What is subclass 400 visa

The subclass 400 visa is designed for short-term, highly specialised work. While it can be granted for up to six months depending on circumstances, the new policy limits most stays to three months within a 12-month period. A strong business case is required for a longer stay, and the work must be highly specialised and non-ongoing.

The processing fee for the visa subclass 400 starts from AU$415 (approximately Rs 23,869)

 

Key changes

— Under the new change, Australia will now scrutinise Subclass 400 visa applications closely.

— The flexibility of multiple applications over 12 months has been discontinued.

Stricter scrutiny on subclass 400 visa applications

The Department of Home Affairs will now carefully scrutinise subclass 400 visa applications. The focus is on preventing this visa from being used as an alternative to the subclass 482 Temporary Skill Shortage Visa. Applications for stays longer than three months within a 12-month period will be closely examined, and six-month stays will only be considered in exceptional cases.

"Only a small proportion of applicants will be able to obtain the visa under these stricter rules.” The changes aim to prevent the misuse of short-term visas for work that should fall under the subclass 482 visa," Berry Appleman & Leiden LLP (BAL), a global immigration law firm.

Types of applicants unlikely to get a 6-month visa duration:

According to Y-Axis, an immigration visa consultant group:

* Candidates from countries having lower income rates than Australia

* If an employer wished to employ multiple separate contracts

* Low-skilled job roles listed under ANZSCO level 4 or 5

ANZSCO (Australian and New Zealand Standard Classification of Occupations) skill levels range from 1 to 5, with levels 4 and 5 being considered low-skilled roles. These jobs typically require minimal formal qualifications or on-the-job training, and they often involve routine tasks.

Low-skilled job roles at ANZSCO Skill Level 4 include:

Retail assistants: Helping customers, stocking shelves, and managing cash registers.

Factory workers: Involved in production line tasks and assembling products.

Cleaners: Performing cleaning tasks in residential, commercial, or industrial settings.

Farmhands: Supporting farm operations, such as planting, harvesting, or feeding animals.

ANZSCO skill level 5 roles:

Hotel staff: Including roles such as housekeeping or general attendants.

Labourers: Working on construction sites, moving materials, or assisting skilled workers.

Office assistants: Performing clerical duties like filing, answering phones, and scheduling.

Retail salespersons: Engaging in customer service, product sales, and basic inventory tasks

New limits on visa stays

Under the updated rules, subclass 400 visa holders will only be allowed to stay in Australia for up to three months within a 12-month period. Once the visa holder enters the country, the clock starts ticking, and if they leave before completing the full three months, they will not be allowed to return during the same 12-month period.

Additionally, the option to submit multiple visa applications over the course of a year has been removed. Visa holders will only be able to stay for the duration of the visa initially granted, without the option to extend their stay through further applications.