Australia: Guidance on Subclass 400 visas

The extended validity period of subclass 400 visas has now been in place for six months. The expansion of this visa programme facilitates short-term work assignments where a permanent position in Australia is not required. However, subclass 400 visas are difficult for mobility teams to manage because the usual relocation approval processes for longer term work visas are easily bypassed. Yet it is critical that a business is effectively managing the immigration status and work rights of everyone in its workplace. Heavy penalties apply for allowing a person to work in breach of their visa conditions. 

Subclass 400 visas are suitable for the following work activities:

• A clearly defined period, and not part of an ongoing role in the Australian business or a part of a rotation programme;
• Projects involving high-level skills in a managerial, professional or trade role that are specialised and/or proprietary in nature and cannot easily be sourced from the Australian labour market; and
• Assignments that do not adversely affect employment and training opportunities for Australians. 

 

The Australian Department of Immigration has indicated that compliance monitoring and enforcement is a key focus area of its operations. Fragomen can assist your business to develop and manage your subclass 400 visa programmes and policies. We can help ensure that line managers are trained on the importance of immigration compliance, that visitors have the right kind of visa, and that everyone in your workplace has appropriate work rights. For further information, please contact [email protected].

MARN 0849574