Temporay Work Visa Subclass 400 (Temporary)

Eligibility

Duration of Stay

Tricks and Common Reasons for Refusal

1 – Genuine Temporary Entrant (GTE)

The trickiest criterion of Subclass 400 visa is applicant must be a genuine temporary entrant (GTE). This, unfortunately, has been the primary reason for the refusal of a Subclass 400 visa application. Obviously, the term ‘GTE’ implies the Immigration wants the applicant to leave Australia before the visa expires rather than seek to extend their stay. But the question here is: how does the Immigration decide who is a GTE? The factors considered by the Immigration include but are not limited to:

• The applicant’s immigration history

• The applicant’s overall circumstances

• The circumstances in the applicant’s home country​​

At the end of the day, however, it all comes down to a judgement call made solely by the Immigration based on the supporting documentation and information available. The high discretionary and subjective nature can indeed be quite disturbing as it keeps the entire application up in the air.

Consequently, part of our process for assisting you with Subclass 400 visa is help you prepare a vitally important, formal, exclusive and comprehensive legal submission by drawing on our nearly 20 years’ industry experience, convincingly addressing and arguing every single factor to your advantage because we are fully aware of what factors the Immigration is looking at exactly and the rationale and mentality behind every one of them. We are positive this will significantly increase your chances of a visa grant, just as it has for our previous clients.

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2 – ”Irrelevant” Work Experience​

One of the most unfortunate yet common scenarios is the applicant’s work experience is deemed irrelevant to their chosen occupation by skills assessing authority. This is typically because the authorities decided the applicant was not actually performing the job duties they claimed and that even the applicant had chosen a wrong occupation to start with. When this happens, things go straight to square one, which is certainly frustrating. We have had numerous clients that went through exactly this before turning to us for professional assistance.

We hence noticed it is not they didn’t do those jobs, but they simply failed to present their day-to-day professional activities in the submitted paperwork in a proper and acceptable manner to the assessing body. In view of this, we have made it part of our routine to thoroughly check through and revise every client’s work references, résumé and other employment-related paperwork where possible to ensure they are in line with what the authorities expect from your occupation so that you end up with a big smile.

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3 – Unfamiliarity with How the Australian Immigration Works and Its Mentality

In many cases, applicants prepare and submit their supporting documentation in a disorderly way, giving the Immigration a hard time digging through tons of paperwork to get things in the right order when picking up a new visa application. This will potentially lead to endless back-and-forth clarification and explanation, wasting both sides lots of time and can even result in a refusal of Subclass 400 visa.

This is common since applying for a visa, especially a permanent one, is the very first time to most applicants. For this reason, our team have developed our own system for labelling, coding, structuring and, where necessary, cross-referencing documentation so your application can be submitted in the most presentable and logical manner. Making your application stand out among all competitors has been our goal from day one.

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4 – Careless Yet Costly Mistakes

Applying for migration is seen as a delicate work of art due to the staggering amount of attention, paperwork, and details involved. A seemingly minor/harmless error such as a typo in your résumé, a date entered wrong, or a tick in the wrong box in the lengthy visa application form can prove costly as the Immigration processes all visa applications strictly in accordance with migration law, in particular Migration Act 1958 and Migration Regulations 1994. Even a small error can be regarded as failing to satisfy a visa requirement and therefore lead to a visa refusal. To minimise such incidents, our team pay extra attention while editing and drafting every client’s paperwork and always proofread and also conduct a final review of documentation before submission.

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5 – Applications Not Being Decision-ready

Another common reason for refusal, even instant refusal, for Subclass 400 visa is submitting an application without all the required documentation. This happens when the application was prepared carelessly, or when the applicant was trying to rush an application for whatever reason (e.g. meeting a cut-off date of a major migration policy change which happens almost each and every year and often catches people off guard).

Even with 43 years of team experience, we handle each application cautiously and meticulously like our first to ensure nothing slips through the cracks. Should a sudden change of policy hit and impact you, we are more than capable of advising you how to salvage your application in terms of what documents are mandatory at the time of submission and what can wait so you are never in danger of a straight-up visa refusal upon submission.

Benefits

With this visa, you may:

• stay in Australia with your family for 3 to 6 months

• travel overseas and back to Australia for any purposes (e.g. overseas holiday, visiting family and/or attending family matters in home country)

• access your superannuation after you have departed Australia (if paid $450 or more before tax in a month)

Processing Time​

Unbeatable 5-step Services at Microscopic Level - How Exactly We Make It Hassle-free

It goes without saying the first and foremost thing in a visa application is get a clear picture of what visas you are indeed eligible for, and equally importantly, which one of them suits you the most. We’ve seen too many clients who, for some reason, rushed an application and halfway through realised they were not actually on the right path due to ineligibility issues before approaching us, for example, because:

• their self-claimed work experience was not or only partially accepted by the Immigration, which was unfortunately common

• the length of their work experience or residence in Australia (as required by some visas) was not recognised by the Immigration

• they settled on an unsuitable occupation at the beginning of a work/employment visa application just because the occupation was migration-eligible whereas their daily duties failed to be in line with the prescribed job tasks of the selected occupation

• they simply took into consideration the visa requirements by the Immigration without even considering the criteria of skills assessment by the skills assessing body as well as those of the government for state/territory nomination which vary from time to time even without prior notice

• they applied for the partner visa they were not actually eligible for as they failed to meet the cohabitation requirement from the Immigration’s perspective

• the turnover and/or assets they relied on for business visa application was not recognised by the Immigration due to various reasons