From 23 November 2014, employers can expect to be allowed to hire foreign workers on Temporary Work (Short Stay) Subclass 400 visas for up to six months at a time. This is double the current limit of three months. However the catch that remains to be explained is under what circumstances will the DIBP actually grant the full term permitted by the new rules.

The changes aim to offer employers greater flexibility in employing temporary foreign workers who have to come Australia to perform specific skilled tasks including fulfilling contractual obligations. In addition to lengthening the duration of subclass 400 visas, the legislation also increases the period of time that the visa is valid before entry. Under the new rules it is expected that a subclass 400 visa holder may enter Australia six months from the date the visa is granted, as opposed to three months under current rules.

However, what remains unclear is under what circumstances foreigners will become eligible for the full 6 months. Currently the employers need to demonstrate ‘exceptional circumstance’ in order to be granted the full term, otherwise the default grant is only about 6 weeks. In addition the ‘adjudication’ standards may vary from country to country given that these visas are generally considered by overseas consuls.

The SC400 visa is for employers requiring foreign workers to travel to Australia to do short-term, highly specialised, non-ongoing work; participate in non-ongoing cultural or social activities at the invitation of an Australian organisation; or in limited circumstances, participate in an activity or work relating to Australia’s interests.

Generally, to be eligible, these worker need to have specialised skills, knowledge or experience that can assist Australian business; or have been invited to participate in an event by an organisation in Australia; or are required in Australia for exceptional circumstances of national importance, such as to assist following a natural disaster.