Temporary work visa rules for Australia Temporary work visas, subclass 400 The Short Stay Specialist Visa has now been made more stringent by Australia after tightening its rules to protect the jobs of its citizens and permanent residents. The new measures form part of the long-term efforts to ensure that the pathways for temporary work visas do not become easy pathways to long-term work visas, especially the Temporary Skill Shortage (TSS) Visa, subclass 482.
Below we outline the key changes along with their effects on applicants and businesses relying on short-term foreign workers.
Subclass 400 Visa Key Changes
A subclass 400 Short Stay Specialist Visa primarily permits a short-term, non-ongoing entry of highly skilled workers in Australia. Yet under the new rules, the Australian government has placed a more stringent process to scrutinise applications so that no one will misuse it.
1. Higher application scrutiny
Applications will be subjected to further scrutiny processes by the Department of Home Affairs to ensure they do not circumvent the subclass 482 Temporary Skill Shortage Visa approval; this is directed at attempts to bypass the long-term visa requirements of the employers.
2. Six-month limitation on visa
Recently, applicants could go more freely for a six-month temporary work visa, but under the new rules, it is much harder to get this. It is asserted that in only exceptional cases will there be a visa issued for longer than the standard three months. As such, the vast majority of applicants will only be granted a stay of up to three months, whereas some lucky few will be permitted to stay for up to six months.
3. Three-Month Maximum Stay
The revamped rules now allow subclass 400 visa holders to remain in the country for up to three months within a period of 12 months. Once a visa holder enters the country, his three-month period begins, and he cannot extend it after the time has gone by. More than this, should a visa holder leave Australia before completing three months, he or she would not be allowed back in, even though they have unused time remaining on the visa.
Effects on Foreign Workers and Employers
Such changes will most likely have quite a ripple effect on those industries heavily dependent on temporary foreign labour, particularly for such specialised work. Companies that normally depended upon foreign workers for three months and more should revamp their employment models in this regard. Worker needs for short-term jobs in Australia will also likely feel the pinch of this policy shift, especially if they are needed for more than three months.
Business owners will be compelled to work harder in order to justify the extra six months that their employees have spent here in the country. In such cases, therefore, some businesses will have no option but to pay more for certain highly specialized skills, which presumably may take longer in terms of a project being completed.
Conclusion
Other conditions that relate to keeping its labour market fair to Australian citizens and permanent residents are the tightenings on temporary work visas in Australia. With tighter scrutiny and reduced eligibility for longer-term stays, subclass 400 visas may become less accessible to those who wish to stay in the country for six months for work purposes. The applicants as well as the employers should familiarise themselves with the new rules to get through the visa process effectively.
