A case study
Sally comes to Australia on a 400 visa [Temporary Work (Short Stay Specialist) visa] to train local staff on a new system being rolled out across the world. While Sally is here it becomes clear she is best qualified to take on the project of implementing other modules of the system, a project that is expected to take 18 months – 2 years to complete. She starts work on this while on the 400 visa and an application for a 457 visa is commenced.
What are the risks?
A 400 visa is for “non-ongoing” activity, hence the first role – of training local staff on the new system fits the criteria.
The second role – requiring 18 months to 2 years of her expertise – is clearly outside the scope of a 400 visa. Hence if Sally immediately commences the second role she is, prima facie, breaching the terms of her visa. Should the Department of Immigration check, as part of their review of the 457 visa application, they could refuse the application and require her to leave Australia.
Employers should seek advice on the specific circumstances before they ask an employee who holds a 400 visa to change roles.