Labour shortages in Australia are at crisis point, with the Albanese government recently announcing overall reform of the Australian Immigration system, designed to provide a simplified pathway to attract migrants and address Australia’s labour needs.
Labour shortages coupled with delay in processing times of applications, have seen our clients ask a common question – how do we bring skilled workers to Australia to begin work as soon as possible
Underutilized, the Subclass 400 – Highly Specialised Work stream visa allows individuals to travel to Australia for short-term, highly specialised, non-ongoing work. It is suitable for individuals who have specialised skills, knowledge or experience not generally available in Australia. An advantage of the program is that applications are processed relatively quickly by comparison to other visa Subclasses, with current estimations between 2 – 26 days from lodgement at the time of this article.
Whilst this visa does not require formal sponsorship, the applicant must be invited by an organisation to participate in the work to be undertaken. The visa is an attractive alternative for businesses wishing to mobile a workforce on an immediate basis and a less costly alternative to employer sponsored visas.
Non-ongoing work relates to applicants entering Australia for the purpose of project-based work, with an intention to depart. Whilst the Department expects that the individual stay only for the duration of their visa with no option to renew or extend the visa, individuals and businesses alike can explore longer term options to keep the individual working in Australia when onshore, allowing the opportunity for the business to determine whether they want to keep the employee onboard for a longer duration. There is a possibility that the individual’s visa is subject to a no further stay condition, however this is up to discretion of the Department and has not been utilised in recent years based on our experience. In the event that a no further stay condition be imposed, an application for a waiver to have this condition removed can be made.
Subclass 400 visa will allow an individual to travel to Australia and remain in Australia for a maximum period of 3 months or 6 in exceptional circumstances provided a strong business case is put forth. The applicant will be able to bring dependents on this visa, however they will not be able to work or study.
As part of the visa conditions, the applicant must have no intention to seek residency and are bound to the project as specified in your letter of support.
To recap, the work applicants are able to undertake in Australia must be:
· short-term and non-ongoing
· highly specialised. In general, this means work that:
o is classified as a skill level 1–3 occupation in the Australia & New Zealand
o Standard Classification of Occupations (ANZSCO) OR
o requires skills or knowledge that are specific to an international company, such as installing imported equipment, after sales service or emergency repairs
The work must not involve the performance of generic skilled tasks that can be undertaken by similarly qualified and skilled Australian workers.
The visa applicant, must:
· have the specialised skills, knowledge or experience that is required to perform the work referred to above, and which:
o can assist Australian business AND
o cannot reasonably be found in the Australian market
· genuinely intend to stay in Australia temporarily in order to carry out the relevant work have access to sufficient funds to support themselves and family members whilst you in Australia
· must meet the health and character requirements
Once the visa is granted, the individual will be able to travel onshore and work for the business, with no interruption to work rights.
In summary, the Subclass 400 visa provides a less costly and more immediate solution to mobile your overseas workforce, without the associated administrative burden when compared with other visas.
Skilled workers across a broad range of occupations are eligible under the program, including but not limited to: Chefs; Cooks; Café and Restaurant Managers; Hairdressers; Trades workers; and Engineers. If your current business concern is to be able to bring workers to Australia to begin work immediately, contact your Crystal Migration Legal Services team at ross@crystalmigration.net or (02) 91892988 to discuss how the program may be utilised by your business.