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AUSTRALIA: Updated policy on Subclass 400 visa.
September 19, 2024
By: Patricia Clarino
Effective August 2, 2024, the definition of ‘non-ongoing’ work for the Subclass 400 visa has been refined. ‘Non-ongoing’ work has now been defined as tasks that should be completed within six months, with no expectation or arrangement for the applicant to stay in Australia beyond the authorized period related to the work. This update aims to tighten the rules and ensure that temporary visas are not being misused for ongoing employment.
In addition, there is a heightened focus on scrutinizing applicants who have a history of frequent or extended stays in Australia under various visa types, including Subclass 417, Subclass 462, Subclass 457, and Subclass 482. For those applying for subsequent Subclass 400 visas for intermittent work, a detailed review will be conducted on a case-by-case basis, considering entry frequency and stay duration. If work has a significant impact on Australia’s interests, it may qualify under the Australia’s Interest stream, which does not mandate ‘non-ongoing’ status but requires direct relevance to Australia’s interests.
Newland Chase insights
The increased scrutiny of applicants with frequent or long stays on different visas shows a tougher approach to monitoring how companies use visa pathways. It is crucial to have experts thoroughly review new visa applications before submission. This proactive approach will help companies avoid additional costs, delays, and the need to reapply by ensuring the correct visa type is selected from the outset.
As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
