Temporary Work (Short Stay Specialist) (Subclass 400) Visa Policy Direction | Immigration Update

The Temporary Work (Short Stay Specialist) (Subclass 400) visa is designed for skilled workers who need to come to Australia for only a period of time to do highly specialized work. Recently, the Department updated its policy to clarify how these applications will be assessed in the future.

What are the key changes to the Temporary Work (Subclass 400) Visa Policy?

Standard Maximum Stay Period

  • The standard maximum stay on a Temporary Work (subclass 400) visa will now be three months, with stays of up to six months only permitted in exceptional circumstances. 

  • Applications for extended stays may face a higher risk of visa refusal unless compelling evidence is provided.

Total Stay Period Limitation

  • The total stay period across multiple Temporary Work (SC 400) visas within a 12-month period is now limited to three months, reduced from six months. 

  • For example, if you spent two months in Australia on a previous SC 400 visa, you may only be eligible for a subsequent visa granting a maximum stay of one month within a 12-month span.

Increased Scrutiny of Applications 

The Department will closely examine applications under certain circumstances, including but not limited to: 

  • Requests for stay periods exceeding three months within a 12-month period. 

  • Situations where an overseas employer seeks to fulfil multiple contracts in Australia. 

  • Large group applications for a single project. 

  • Rotation of workers through a position. 

  • Work that falls under a lower skill level classification. 

These factors may suggest attempts to use the Temporary Work Visa (SC400) program to employ a low-paid substitute workforce, potentially harming local employment opportunities. 

Genuine Temporary Entry (GTE) Requirement

Consideration of Australia’s Interests 

If the Department is not satisfied that a subclass 400 visa applicant will engage in highly skilled and non-ongoing work, they must assess whether compelling circumstances affecting Australia’s interests exist, such as: 

  • Assisting in a disaster or emergency. 

  • Preserving Australia’s diplomatic relationships. 

  • Preventing the loss of significant business or cultural contributions.

Prepare for Future Applications

Applicants should keep the following in mind moving forward: 

  • The Temporary Work (subclass 400) (Short Stay Specialist) visa must be used solely for its intended purpose: highly skilled and non-ongoing work. The TSS (subclass 482) visa should be used for longer-term employment. 

  • The Department will assess a company's history of SC 400 visa applications to ensure program compliance. 

  • Demonstrating evidence that is in Australia’s interest can strengthen your SC400 application decision.

How Can Agape Henry Crux Help

The Temporary Work Short Stay Specialist (subclass 400) visa applicants and sponsors should prepare accordingly to mitigate the risks of refusal and ensure compliance with the new guidelines. Contact us at Agape Henry Crux if you find your visa application is refused/cancelled due to not meeting the new visa conditions. Our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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