In a move aimed at safeguarding local employment and enhancing the integrity of its visa system, the Australian government has announced significant changes to the subclass 400 Short Stay Specialist visa. This decision, effective immediately, seeks to prevent the misuse of temporary work visas and ensure that they are reserved for truly specialized roles.
The subclass 400 visa is intended for highly specialized, short-term work, typically granted for up to six months. However, under the new regulations, the maximum stay will be limited to three months within a 12-month period, unless a compelling business case for a longer stay is presented. Applicants will now face stricter scrutiny, with an emphasis on preventing this visa from being used as a substitute for the subclass 482 Temporary Skill Shortage Visa.
This initiative arises from concerns that temporary work visas were being exploited for longer-term employment, undermining job opportunities for Australian citizens. The Department of Home Affairs is committed to ensuring that the subclass 400 visa serves its intended purpose and does not replace more appropriate visa categories for ongoing work.
Leading immigration law firm Berry Appleman & Leiden LLP (BAL) expressed that “only a small proportion of applicants will be able to obtain the visa under these stricter rules,” emphasizing the importance of compliance with the new regulations. Immigration consultants like Y-Axis have identified specific groups that are unlikely to receive a six-month visa, including candidates from lower-income countries and those seeking to fill low-skilled roles categorized under ANZSCO skill levels 4 and 5.
Effective immediately, subclass 400 visa holders can only remain in Australia for three months per 12-month period, with no option for multiple applications throughout the year. This change eliminates the previous flexibility, ensuring that visa holders cannot return to Australia within the same year after leaving prematurely. The visa processing fee starts at AU$415 (approximately Rs 23,869).
Low-skilled job roles that fall under ANZSCO levels 4 and 5 will be particularly affected. Positions such as retail assistants, factory workers, and office assistants are unlikely to meet the newly established criteria for a subclass 400 visa, as the focus shifts to highly specialized and non-ongoing work.
These changes mark a significant shift in Australia’s approach to temporary work visas, aiming to balance the need for specialized foreign talent with the imperative of protecting local employment. As the new regulations take effect, the government remains vigilant in ensuring that the visa system operates fairly and effectively.