Jun 29, 2017

457 Visa Changes

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457 Visa Changes

The changes to the 457-visa program will be in stages.

The current 457 visa will stay in effect until March 2018 but will have new legislative requirements till that day with different charges come in place on different dates which are mentioned below in the article. Only from March 2018, will the 457 visa will be completely abolished and replaced with the TSS visa. The TSS visa will have 2 streams:

Short-term Skilled Occupation List (STSOL) Visa will be granted up to 2 years.

Medium and Long-term Strategic Skills List (MLTSSL) Visa is granted up to 4 years.

The changes that will take place are divided below according to the date at which they will take place and be in effect.

From 19 April 2017, in the current 457 visa:

  • The occupation lists in the 457 visa will be shortened from 651 to 435 occupations. This means that 216 occupations will be removed and access to 59 other occupations
  • 24 out of the 435 occupations will be restricted to regional Australia (relating to farming and agriculture)
  • The new Short-term Skilled Occupations List (STSOL) will replace the Consolidated Sponsored Occupation List (CSOL)
  • The new Medium and Long-term Strategic Skills List (MLTSSL) will replace the Skilled Occupations List (SOL)
  • The Short-term Skilled Occupations List (STSOL) will be updated every 6 months

 

                          How long will 457 visas be granted for?

A 457 visa will be granted for a maximum of 2 years, if the occupation is on the Short-term Skilled Occupations List (STSOL)

A 457 visa will be granted for a maximum of 4 years if the occupation is on the Medium and Long-term Strategic Skills List.

457 Visa Changes From 1 July 2017

The Short-term Skilled Occupations List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL) will be reviewed and may be revised.

  • Removal of the English language exemption: Previously, applicants who had a salary over $96,400 were exempt from English language requirement. This exemption will be removed.
  • The training benchmark requirement will be expressed more clearly in the legislation.
  • It will become mandatory to provide penal clearance certificates

 

457 Visa Changes from 31 December 2017

Before 31 December 2017, for the existing 457 visa:

  • The Department will ensure that visa holders are paid at the level of their nominated salary and not less. This process will involve the Department collecting the Tax File Numbers of 457 visa holders and match the Taxation Office records.
  • The Department will publicly post a list of sponsors that are sanctioned for failing to meet their legislative obligations.

Changes from March 2018

Only from March 2018, will the 457 visa will be completely abolished and replaced with the TSS visa.

 

The Short-Term stream of up to 2 years will have the following requirements:

This visa can only be renewed once onshore only.

The Short-term Skilled Occupations List (STSOL) will apply to non-regional Australia

The Short-term Skilled Occupations List (STSOL) will apply to regional Australia with extra occupations for regional employers

English Language Test requirement will require overall score (IELTS or equivalent English test) of 5 and minimum 4.5 in all 4 components.

Genuine Entry Entrant requirement will be introduced.

The Medium-Term stream of up to 4 years will have the following requirements:

This visa can be renewed   onshore

You will be eligible to become a permanent resident from 3 years. This will be changed from 2 to 3 years.  eligibility period will be extended from two to three years

The MLTSSL will apply for non-regional Australia

The MLTSSL will apply to regional Australia with extra occupations for regional employers

English Language Test requirement will require (IELTS or equivalent English test) minimum 5 in all 4 components.

Eligibility criteria for both streams will include:

At least two years’ relevant work experience for the nominated occupation

The Labour market testing requirement will be mandatory unless an international obligation applies.

Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.1

Character: Mandatory penal clearance certificates to be provided.

Workforce: A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

Training requirement: a strengthened training requirement for employers to contribute towards training Australian workers.

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