Important Updates
Important Updates
April 1, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 1, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 1, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Maximum Stay Period for Subclass 400 Visa Increased, But Longer Stays Must Have Strong Business Justification

November 19, 2014

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
The maximum allowable stay period for the Subclass 400 (Temporary Work) visa will be extended from three to six months, according to new regulations effective November 23, 2014. 

According to new draft policy guidelines, employers and foreign nationals will be required to demonstrate a strong business justification in order to request a longer stay period. For example, they may be required to show the importance of the project to the local community, whether the visa holder’s employment conditions will meet Australian workplace standards, and whether the project will adversely impact Australian workers. 

Employers will have to prove three key factors to justify a longer stay, according to the proposed visa guidelines:
  • The Subclass 457 visa program is not being circumvented. This will include factors such as the nature, size, duration and importance of a project to the local community and any potential impacts to the business and community should the project not proceed; evidence that specialist advice/expertise from overseas is required; and evidence that the local employer tried unsuccessfully to hire an Australian worker.
  • The employment conditions will satisfy Australian workplace standards. This will include determining whether the employer will meet minimum wage standards for certain groups of workers such as Managers, Professionals, Technicians and Tradesworkers.
  • The proposed work or activities will not adversely impact Australian workers. In most circumstances, if it is clear the work is highly specialized and of a limited duration, this requirement should be satisfied. If the immigration authorities have concerns, they may request additional documentary evidence.

What This Means for Employers and Foreign Nationals 

The option of a longer stay period for Subclass 400 visa holders will provide greater flexibility for employers who use the visa program for short-term work. However, employers should be prepared to present documentary evidence to prove that a six-month stay is justified. 

Consular discretion may result in variations globally in the type of documentation required to meet these policy criteria. 

This alert is for information purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

MARN 0004980


© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.