
The Australian government has restricted its policies on the subclass 400 visa. First, case officers will now more closely scrutinize applications where the duration exceeds three months in any given 12-month period. While the subclass 400 visa allows for a period of stay of up to six months, with the new policy, the holder is expected to stay in the country for only three months or less unless a strong business case can be demonstrated; though if the applicant has previously held a subclass 400 visa in any 12-month period and applies for another subclass 400 visa, the authorities may consider granting the remaining balance of the normal period of stay of three months. Secondly, officers will more closely review applications submitted by individuals from countries with significant pay disparity to Australia. In scrutinizing whether a company is attempting to use the Subclass 400 program for a low-paid substitute workforce, the authorities may look into the company's history, particularly the number and nature of recent applications lodged, and consider the other applications filed by the same company for the same purpose.
The newly-issued guidance also highlights that employers seeking to use the subclass 400 visa to facilitate the entry of lower-skilled foreign workers, should instead be directed to use the Temporary Skill Shortage subclass 482 (TSS 482) program under the Labour Agreement stream. This ensures that the Australian labor market and pay conditions are upheld while reducing the risk of exploitation. If there is an urgent need for a senior executive of a multinational company to travel to Australia on short notice to perform ongoing work, and there is evidence that the individual has filed a TSS 482 visa application or been nominated for a TSS 482 visa, employers may consider filing a subsequent subclass 400 visa application under the Australia’s Interest stream to allow the individual to enter Australia prior to the TSS 482 visa being finalized. Under this stream, applicants must prove the need for urgent entry to Australia. They must demonstrate that the seniority of the role and nature of the organization is such that Australia’s interest is likely to be affected if the position is left unfilled.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen

Media mentions
Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Media mentions
Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Awards
Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Media mentions
Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Video
#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Blog post
UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Media mentions
UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Awards
Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Video
Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer.

Media mentions
Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Video
Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Media mentions
Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Media mentions
Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Awards
Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Media mentions
Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Video
#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Blog post
UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Media mentions
UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Awards
Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Video
Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer.

Media mentions
Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Video
Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.