400 Visa – not as straight forward as it used to be

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Since the more restrictive TSS visa was introduced this year, we have noticed there is now increased scrutiny on Subclass 400 visa applications which can vary between processing centres.  This may be due to the influx of Subclass 400 visa applications, which we expect have been caused by:

  • Increased and uncertain 457 processing times which have proven difficult for applicants who need to work in Australia urgently; and
  • Potential applicants who need to perform highly skilled work in Australia but do not meet the higher skill requirements of the TSS visa.

Employers should be aware that the 400 visa is not a silver bullet solution to gaining faster entry to Australia in all instances. We would only recommend the Subclass 400 visa if there is a genuine, highly skilled, short term work assignment that is non-ongoing and care needs to be taken when defining a project that meets the visa requirements.

We have noted increased instances of case officers requesting further documents after lodgement such as:

  • Evidence of payslips from current employer, whereas previously a letter from an employer confirming employment details that was supported with recent bank statements would be considered sufficient; and
  • Increased focus on whether an applicant is a ‘genuine temporary entrant’ in Australia who has an incentive to return to their home country after completion of the assignment. Whether an  applicant has a sufficient incentive to return to their home country is quite discretionary.
  • Increased demand for independent evidence concerning the highly specialised nature
    of the proposed work/employment and to support that the position cannot be filled by the Australian labour market.

Given the increased scrutiny of these applications, it is more important than ever to ensure the documents provided at the time of lodgement clearly meet the criteria.

Please contact us on 02 8896 6056 if you require assistance with ensuring your Subclass 400 visa application meets the requirements.

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