Update On Immigration 457

Update On Immigration 457: Employer Nominated Permanent Residence Reforms

On 18 April 2017, the Australian Government announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be replaced with the completely new Temporary Skill Shortage (TSS) visa in March 2018.

• The changes come into effect at different times, from now up to March 2018.
• Immigration advice is that current 457 visas already granted will continue to remain in effect.
• They have also advised that there will be ‘grandfathering’ arrangements for 457 visa holders already approved and in Australia, however there is currently no detail on these arrangements. As more information is announced, we will advise on specifics.
• 457 visa holders are still able to apply for permanent residence.

All temporary visa holders should review their options and visa strategies as soon as practical.

Key Changes for Visa Applicants

At 19 April 2017 – New Permanent Employer Sponsored skilled visa programme:
• Skilled Occupations List (SOL) & Consolidated Sponsored Occupations List (CSOL) changed and renamed.
• New Short-Term Skilled Occupations List (STOL) will be updated 6 monthly.
• New Medium and long term Strategic Skills List (MLTSSL) and containing occupations seen as high value.

From 1 July 2017
• STOL & MLTSSL will be further reviewed.
• English Language : applicants for the 186/187 visa will require an International English Language Testing System (IELTS) or (equivalent test) score of 6 in each component.
• Direct Entry Stream age requirement: be under maximum age of 45 at time of application.
• Temporary Residence Transition Stream age requirement: maximum age of 50 at time of application will continue to apply.

By December 2017
• Immigration will commence collecting Tax File Numbers from these visa holders, and will data matching with the Australian Tax Office’s records will occur to ensure visa holders are not paid less than their nominated salary.
• Immigration will publish details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.

From March 2018
• Eligibility period for permanent residence under the Temporary Transition Pathway will be extended from two to three years working on a 457 visa.
• Must have at least three years relevant work experience.
• ALL applicants must be under the maximum age of 45 at the time of application.
• Employer Nomination Scheme / Regional Sponsored Migration Scheme: MLTSSL list will now apply. Some additional occupations to support regional employers for RSMS.
• Minimum market salary rate: Employers must pay the Australian market salary rate and meet Temporary Skilled Migration Income Threshold ($53,900 set at 18 April 2016).


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