We have all been a bit blindsided in the past month with the announcements made by the Prime Minister and the Minister for Immigration regarding 457 abolishment and changes to Citizenship last month. Now that the news has been digested and further clues as to what to expect have emerged I would like to assist my clients, contacts and anyone not yet familiar with Rubicon Migration Australia to understand the potential impact on their own circumstances, for example
- You are already a 457 visa holder working towards an Employer Nomination Scheme (ENS) 186 visa application
- You have been a permanent resident for more than a year and have been in Australia lawfully for more than four years
- You are awaiting assessment of a 457 visa application
Although the Government has made these announcements as if they are set in stone they are continuing to consult with stakeholders as to the final shape of the legislation which must then be put to parliament. In short, we do not know how the exact details will ultimately look and we may yet have unintended consequences taken into account in the final drafting.
Rubicon Migration Australia is happy to take any queries, comments and suggestions you may have for the Government through our website to pass on to stakeholder meetings through the Migration Institute of Australia (MIA) in the coming weeks. Please submit your comments to add to those below.
PROPOSED CITIZENSHIP CHANGES
The Government has set out their proposed Citizenship Changes in a document:
Strengthening The Test For Australian Citizenship
https://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/citizenship-paper.pdf
Note: The law is not yet changed.
The Government is claiming that these changes will apply to all Citizenship applications made after 19 April 2017. It is not clear how this will be achieved as the changes have not yet passed through parliament. Does this mean Australian Citizenship applications will be put on hold until the Government has come to their hoped for outcome that these laws will go through retrospectively? It may or may not happen.
I would be happy to discuss individual cases in consultation as to current Citizenship applications for those who meet the current residency requirements.
The main changes proposed are:
- The Government is proposing that citizenship applicants be in Australia for four years as a permanent resident before applying. (It was already a requirement that applicants be in Australia for four years when applying however the four years could be made with temporary residency and at least 12 months as a permanent resident.)
Comments:
Comment: For many Australian resident students this will mean paying for Diplomas and Degrees up front with no access to HECS-HELP
- Instead of English being indirectly tested through completion of the Citizenship Test the Government is now proposing a separate English Test to achieve a relatively high level of writing, reading, listening and speaking. For those who are familiar with the International English Language Testing System (IELTS) the minimum score in that test is 6 for each of these test components.
Comments:
Comment: This level is required for skilled migrants and is way above the functional English that most migrants would have who are more than capable of using the English language to interact on a day to day basis in the life of Australian society. This would preclude many permanent residents through family sponsorship from citizenship.
- Demonstrate Australian values through responses to test questions relating to Democratic Beliefs, Freedoms, Equality, Integration with documentary evidence of integration in particular.
Comments:
Comment: The success of Australia’s multiculturalism over many decades demonstrates the cosmetic nature of these ‘changes’.
457 – ABOLISHMENT OR REPLACEMENT?
The 457 visa is not yet ‘abolished’ however the process to its replacement by the Temporary Skills Shortage (TSS) visa by March next year leaves a great deal of uncertainty other than that there will be a continuation of Temporary Work Visas. We are still awaiting confirmation of some of the detail of the proposed new visa and concurrent changes to other skilled visa programmes.
The Prime Minister and Minister for Immigration confirmed that existing 457 visa holders (as of 18 April 2017) will still be able to apply for a Permanent visa and will not be affected by these changes. (See News.com.au article 19/4/17 – ‘However, Immigration Minister Peter Dutton said the 95,000 people already in the country on a 457 work permit would be unaffected by the change and permitted to apply for residency. “They will continue under the conditions of that visa,” Mr Dutton said.’)
Nevertheless we have been advised that full ‘grandfathering’ arrangements are currently being drafted by the Government for existing 457 visaholders as at 18 April 2017.
Some time in the second half of this year, the Government proposes to implement the collection of tax file numbers for 457 visaholders to ensure they have been paid their nominated salary. They also propose to publish details of any sponsors sanctioned.
Summary of the current projected changes
There are now two new occupation lists which stand as current law:
Medium and Long-term Strategic Skills List (MLTSSL)
and
Short-term Skilled Occupation List (STSOL)
These are fully set out below.
MLTSSL | ANZSCO CODE |
OCCUPATION | |
Construction Project Manager | 133111 |
Project Builder (See Note 25) | 133112 |
Engineering Manager | 133211 |
Production Manager (Mining) (See Note 25) | 133513 |
Child Care Centre Manager | 134111 |
Medical Administrator (See Note 25) | 134211 |
Nursing Clinical Director | 134212 |
Primary Health Organisation Manager | 134213 |
Welfare Centre Manager | 134214 |
Accountant (General) (See Note 5) | 221111 |
Management Accountant | 221112 |
Taxation Accountant | 221113 |
External Auditor | 221213 |
Internal Auditor | 221214 |
Actuary | 224111 |
Land Economist | 224511 |
Valuer | 224512 |
Ship’s Engineer (See Note 25) | 231212 |
Ship’s Master (See Note 25) | 231213 |
Ship’s Officer (See Note 25) | 231214 |
Architect | 232111 |
Landscape Architect | 232112 |
Surveyor | 232212 |
Cartographer | 232213 |
Other Spatial Scientist | 232214 |
Chemical Engineer (See Note 25) | 233111 |
Materials Engineer (See Note 25) | 233112 |
Civil Engineer | 233211 |
Geotechnical Engineer | 233212 |
Quantity Surveyor | 233213 |
Structural Engineer | 233214 |
Transport Engineer | 233215 |
Electrical Engineer | 233311 |
Electronics Engineer (See Note 25) | 233411 |
Industrial Engineer (See Note 25) | 233511 |
Mechanical Engineer | 233512 |
Production or Plant Engineer (See Note 25) | 233513 |
Aeronautical Engineer | 233911 |
Agricultural Engineer | 233912 |
Biomedical Engineer | 233913 |
Engineering Technologist | 233914 |
Environmental Engineer | 233915 |
Naval Architect | 233916 |
Agricultural Consultant | 234111 |
Agricultural Scientist | 234112 |
Forester | 234113 |
Medical Laboratory Scientist | 234611 |
Veterinarian | 234711 |
Physicist (Medical Physicist only) | 234914 |
Early Childhood (Pre-Primary School) Teacher | 241111 |
Secondary School Teacher | 241411 |
Special Needs Teacher | 241511 |
Teacher of the Hearing Impaired | 241512 |
Teacher of the Sight Impaired | 241513 |
Special Education Teachers (nec) | 241599 |
Medical Diagnostic Radiographer | 251211 |
Medical Radiation Therapist | 251212 |
Nuclear Medicine Technologist | 251213 |
Sonographer | 251214 |
Optometrist | 251411 |
Orthotist or Prosthetist | 251912 |
Chiropractor | 252111 |
Osteopath | 252112 |
Occupational Therapist | 252411 |
Physiotherapist | 252511 |
Podiatrist | 252611 |
Audiologist | 252711 |
Speech Pathologist | 252712 |
General Practitioner | 253111 |
Anaesthetist | 253211 |
Specialist Physician (General Medicine) | 253311 |
Cardiologist | 253312 |
Clinical Haematologist | 253313 |
Medical Oncologist | 253314 |
Endocrinologist | 253315 |
Gastroenterologist | 253316 |
Intensive Care Specialist | 253317 |
Neurologist | 253318 |
Paediatrician | 253321 |
Renal Medicine Specialist | 253322 |
Rheumatologist | 253323 |
Thoracic Medicine Specialist | 253324 |
Specialist Physicians (nec) | 253399 |
Psychiatrist | 253411 |
Surgeon (General) | 253511 |
Cardiothoracic Surgeon | 253512 |
Neurosurgeon | 253513 |
Orthopaedic Surgeon | 253514 |
Otorhinolaryngologist | 253515 |
Paediatric Surgeon | 253516 |
Plastic & Reconstructive Surgeon | 253517 |
Urologist | 253518 |
Vascular Surgeon | 253521 |
Dermatologist | 253911 |
Emergency Medicine Specialist | 253912 |
Obstetrician & Gynaecologist | 253913 |
Ophthalmologist | 253914 |
Pathologist | 253915 |
Diagnostic & Interventional Radiologist | 253917 |
Radiation Oncologist | 253918 |
Medical Practitioners (nec) | 253999 |
Midwife | 254111 |
Nurse Practitioner | 254411 |
Registered Nurse (Aged Care) | 254412 |
Registered Nurse (Child & Family Health) | 254413 |
Registered Nurse (Community Health) | 254414 |
Registered Nurse (Critical Care & Emergency) | 254415 |
Registered Nurse (Developmental Disability) | 254416 |
Registered Nurse (Disability & Rehabilitation) | 254417 |
Registered Nurse (Medical) | 254418 |
Registered Nurse (Medical Practice) | 254421 |
Registered Nurse (Mental Health) | 254422 |
Registered Nurse (Perioperative) | 254423 |
Registered Nurse (Surgical) | 254424 |
Registered Nurse (Paediatrics) | 254425 |
Registered Nurses (nec) | 254499 |
ICT Business Analyst | 261111 |
Systems Analyst | 261112 |
Analyst Programmer | 261311 |
Developer Programmer | 261312 |
Software Engineer | 261313 |
Computer Network & Systems Engineer | 263111 |
Telecommunications Engineer | 263311 |
Telecommunications Network Engineer | 263312 |
Barrister | 271111 |
Solicitor | 271311 |
Clinical Psychologist | 272311 |
Educational Psychologist | 272312 |
Organisational Psychologist | 272313 |
Psychotherapist | 272314 |
Psychologists (nec) | 272399 |
Social Worker | 272511 |
Civil Engineering Draftsperson | 312211 |
Civil Engineering Technician (See Note 25) | 312212 |
Electrical Engineering Draftsperson | 312311 |
Electrical Engineering Technician | 312312 |
Radio Communications Technician | 313211 |
Telecommunications Field Engineer | 313212 |
Telecommunications Network Planner (See Note 25) | 313213 |
Telecommunications Technical Officer or Technologist | 313214 |
Automotive Electrician | 321111 |
Motor Mechanic (General) | 321211 |
Diesel Motor Mechanic | 321212 |
Motorcycle Mechanic | 321213 |
Small Engine Mechanic | 321214 |
Sheetmetal Trades Worker | 322211 |
Metal Fabricator | 322311 |
Pressure Welder (See Note 25) | 322312 |
Welder (First Class) | 322313 |
Fitter (General) | 323211 |
Fitter & Turner | 323212 |
Fitter-Welder | 323213 |
Metal Machinist (First Class) | 323214 |
Locksmith | 323313 |
Panelbeater | 324111 |
Bricklayer | 331111 |
Stonemason (See Note 25) | 331112 |
Carpenter & Joiner | 331211 |
Carpenter | 331212 |
Joiner | 331213 |
Painting Trades Workers | 332211 |
Glazier | 333111 |
Fibrous Plasterer | 333211 |
Solid Plasterer | 333212 |
Wall & Floor Tiler | 333411 |
Plumber (General) | 334111 |
Airconditioning & Mechanical Services Plumber | 334112 |
Drainer | 334113 |
Gasfitter | 334114 |
Roof Plumber | 334115 |
Electrician (General) | 341111 |
Electrician (Special Class) | 341112 |
Lift Mechanic | 341113 |
Airconditioning & Refrigeration Mechanic | 342111 |
Electrical Linesworker (See Note 25) | 342211 |
Technical Cable Jointer | 342212 |
Electronic Equipment Trades Worker | 342313 |
Electronic Instrument Trades Worker (General) | 342314 |
Electronic Instrument Trades Worker (Special Class) | 342315 |
Chef (See Note 11 and Note 24) | 351311 |
Cabinetmaker | 394111 |
Boat Builder & Repairer | 399111 |
Shipwright | 399112 |
Short-term Skilled Occupation List (STSOL)
STSOL | ANZSCO CODE |
OCCUPATION | |
Chief Executive or Managing Director (See Note 17) | 111111 |
Corporate General Manager (See Note 17) | 111211 |
Aquaculture Farmer (See Note 12 and Note 26) | 121111 |
Cotton Grower(See Note 12 and Note 26) | 121211 |
Flower Grower (See Note 12 and Note 26) | 121212 |
Fruit or Nut Grower (See Note 12 and Note 26) | 121213 |
Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ) (See Note 12 and Note 26) | 121214 |
Grape Grower (See Note 12 and Note 26) | 121215 |
Mixed Crop Farmer (See Note 12 and Note 26) | 121216 |
Sugar Cane Grower (See Note 12 and Note 26) | 121217 |
Vegetable Grower (Aus) / Market Gardener (NZ) (See Note 12 and Note 26) | 121221 |
Crop Farmers (nec) (See Note 12 and Note 26) | 121299 |
Apiarist (See Note 12 and Note 26) | 121311 |
Beef Cattle Farmer (See Note 12 and Note 26) | 121312 |
Dairy Cattle Farmer (See Note 12 and Note 26) | 121313 |
Horse Breeder (See Note 12 and Note 26) | 121316 |
Mixed Livestock Farmer (See Note 12 and Note 26) | 121317 |
Pig Farmer (See Note 12 and Note 26) | 121318 |
Poultry Farmer (See Note 12 and Note 26) | 121321 |
Sheep Farmer (See Note 12 and Note 26) | 121322 |
Livestock Farmers (nec) (See Note 12 and Note 26) | 121399 |
Mixed Crop & Livestock Farmer (See Note 12 and Note 26) |
121411 |
Sales & Marketing Manager (See Note 10) | 131112 |
Advertising Manager | 131113 |
Corporate Services Manager (See Note 18) | 132111 |
Finance Manager (See Note 20) | 132211 |
Human Resource Manager | 132311 |
Manufacturer | 133411 |
Production Manager (Forestry) (See Note 26) | 133511 |
Supply and Distribution Manager (See Note 23) | 133611 |
Health & Welfare Services Managers (nec) | 134299 |
School Principal | 134311 |
Faculty Head | 134411 |
Education Managers (nec) | 134499 |
Chief Information Officer | 135111 |
ICT Project Manager (See Note 20) | 135112
|
ICT Managers (nec) | 135199 |
Arts Administrator or Manager | 139911 |
Environmental Manager | 139912 |
Laboratory Manager | 139913 |
Quality Assurance Manager | 139914 |
Specialist Managers (nec) except:a. Ambassadorb. Archbishopc. Bishop |
139999 |
Cafe or Restaurant Manager (See Note 3 and Note 24) |
141111 |
Hotel or Motel Manager (See Note 19) |
141311 |
Accommodation & Hospitality Managers (nec) | 141999 |
Hair or Beauty Salon Manager (See Note 13) | 142114 |
Post Office Manager | 142115 |
Fitness Centre Manager | 149112 |
Sports Centre Manager | 149113 |
Customer Service Manager (See Note 10) |
149212 |
Conference & Event Organiser (See Note 9) |
149311 |
Fleet Manager | 149411 |
Transport Company Manager (See Note 16) |
149413 |
Facilities Manager (See Note 8) | 149913 |
Equipment Hire Manager | 149915 |
Dancer or Choreographer | 211112 |
Musician (Instrumental) | 211213 |
Photographer | 211311 |
Visual Arts & Crafts Professionals (nec) | 211499 |
Book or Script Editor | 212212 |
Director (Film, Television, Radio or Stage) | 212312 |
Film & Video Editor | 212314 |
Program Director (Television or Radio) | 212315 |
Stage Manager | 212316 |
Technical Director | 212317 |
Video Producer | 212318 |
Copywriter | 212411 |
Newspaper or Periodical Editor | 212412 |
Print Journalist | 212413 |
Technical Writer | 212415 |
Television Journalist | 212416 |
Journalists & Other Writers (nec) | 212499 |
Company Secretary | 221211 |
Commodities Trader | 222111 |
Finance Broker | 222112 |
Insurance Broker | 222113 |
Financial Brokers (nec) | 222199 |
Financial Market Dealer | 222211 |
Stockbroking Dealer | 222213 |
Financial Dealers (nec) | 222299 |
Financial Investment Adviser | 222311 |
Financial Investment Manager | 222312 |
Recruitment Consultant (see Note 23) |
223112 |
ICT Trainer | 223211 |
Mathematician | 224112 |
Statistician | 224113 |
Gallery or Museum Curator | 224212 |
Health Information Manager | 224213 |
Records Manager | 224214 |
Economist | 224311 |
Librarian | 224611 |
Management Consultant (See Note 21) |
224711 |
Organisation & Methods Analyst | 224712 |
Patents Examiner | 224914 |
Information and Organisation Professionals (nec) (See Note 20) | 224999 |
Advertising Specialist (See Note 20) | 225111 |
Marketing Specialist (See Note 10) | 225113 |
ICT Account Manager | 225211 |
ICT Business Development Manager | 225212 |
ICT Sales Representative | 225213 |
Public Relations Professional | 225311 |
Technical Sales Representatives (nec) including, but not limited to, education sales representatives (See Note 15) | 225499 |
Fashion Designer | 232311 |
Industrial Designer | 232312 |
Jewellery Designer | 232313 |
Graphic Designer (See Note 20) | 232411 |
Illustrator | 232412 |
Web Designer | 232414 |
Interior Designer | 232511 |
Urban & Regional Planner | 232611 |
Mining Engineer (excluding Petroleum) | 233611 |
Engineering Professionals (nec) | 233999 |
Chemist | 234211 |
Wine Maker (See Note 26) | 234213 |
Environmental Consultant | 234312 |
Environmental Research Scientist | 234313 |
Environmental Scientists (nec) | 234399 |
Geologist | 234411 |
Botanist | 234515 |
Marine Biologist | 234516 |
Zoologist | 234518 |
Conservator | 234911 |
Meteorologist | 234913 |
Physicist | 234914 |
Primary School Teacher | 241213 |
Middle School Teacher (Aus) / Intermediate School Teacher (NZ) | 241311 |
University Lecturer (Suitable for the position of Research Associate or Research Fellow in a University) (See Note 20) | 242111 |
University Tutor | 242112 |
Education Adviser | 249111 |
Art Teacher (Private Tuition) | 249211 |
Dance Teacher (Private Tuition) | 249212 |
Music Teacher (Private Tuition) | 249214 |
Private Tutors & Teachers (nec) | 249299 |
Teacher of English to Speakers of Other Languages | 249311 |
Dietitian | 251111 |
Nutritionist | 251112 |
Occupational Health and Safety Adviser | 251312 |
Orthoptist | 251412 |
Hospital Pharmacist | 251511 |
Industrial Pharmacist | 251512 |
Retail Pharmacist | 251513 |
Health Promotion Officer | 251911 |
Health Diagnostic & Promotion Professionals (nec) | 251999 |
Acupuncturist | 252211 |
Naturopath | 252213 |
Traditional Chinese Medicine Practitioner | 252214 |
Complementary Health Therapists (nec) | 252299 |
Dental Specialist | 252311 |
Dentist | 252312 |
Resident Medical Officer | 253112 |
Nurse Educator | 254211 |
Nurse Manager | 254311 |
Multimedia Specialist | 261211 |
Software Tester (See Note 20) | 261314 |
Software & Applications Programmers (nec) | 261399 |
Database Administrator | 262111 |
ICT Security Specialist | 262112 |
Systems Administrator | 262113 |
Network Administrator | 263112 |
Network Analyst | 263113 |
ICT Quality Assurance Engineer | 263211 |
ICT Support Engineer (see Note 20) | 263212 |
ICT Systems Test Engineer (See Note 20) | 263213 |
Judicial & Other Legal Professionals (nec) | 271299 |
Careers Counsellor | 272111 |
Drug & Alcohol Counsellor | 272112 |
Family & Marriage Counsellor | 272113 |
Rehabilitation Counsellor | 272114 |
Student Counsellor | 272115 |
Counsellors (nec) | 272199 |
Minister of Religion (See Note 4) | 272211 |
Interpreter | 272412 |
Social Professionals (nec) | 272499 |
Recreation Officer | 272612 |
Welfare Worker | 272613 |
Agricultural Technician (See Note 26) | 311111 |
Anaesthetic Technician | 311211 |
Cardiac Technician | 311212 |
Medical Laboratory Technician | 311213 |
Pharmacy Technician | 311215 |
Medical Technicians (nec) | 311299 |
Meat Inspector | 311312 |
Primary Products Inspectors (nec) (See Note 26) | 311399 |
Chemistry Technician | 311411 |
Earth Science Technician | 311412 |
Life Science Technician | 311413 |
Science Technicians (nec) | 311499 |
Architectural Draftsperson | 312111 |
Building Associate | 312112 |
Building Inspector | 312113 |
Architectural, Building & Surveying Technicians (nec) | 312199 |
Mechanical Engineering Technician (See Note 22) | 312512 |
Metallurgical or Materials Technician | 312912 |
Mine Deputy | 312913 |
Hardware Technician | 313111 |
ICT Customer Support Officer | 313112 |
Web Administrator | 313113 |
Farrier | 322113 |
Aircraft Maintenance Engineer (Mechanical) | 323112 |
Aircraft Maintenance Engineer (Structures) | 323113 |
Textile, Clothing & Footwear Mechanic | 323215 |
Metal Fitters & Machinists(nec) | 323299 |
Precision Instrument Maker & Repairer | 323314 |
Watch & Clock Maker & Repairer | 323316 |
Toolmaker | 323412 |
Vehicle Body Builder | 324211 |
Vehicle Trimmer | 324212 |
Roof Tiler | 333311 |
Business Machine Mechanic | 342311 |
Cabler (Data & Telecommunications) | 342411 |
Telecommunications Linesworker | 342413 |
Baker (See Note 7) | 351111 |
Pastrycook (See Note 7) | 351112 |
Cook (See Note 11 and Note 24) | 351411 |
Dog Handler or Trainer | 361111 |
Animal Attendants & Trainers (nec) (See Note 6) | 361199 |
Veterinary Nurse | 361311 |
Florist | 362111 |
Gardener (General) | 362211 |
Arborist | 362212 |
Landscape Gardener | 362213 |
Greenkeeper | 362311 |
Hairdresser (See Note 20) | 391111 |
Print Finisher | 392111 |
Printing Machinist | 392311 |
Upholsterer | 393311 |
Furniture Finisher | 394211 |
Picture Framer | 394212 |
Wood Machinist | 394213 |
Wood Machinists & Other Wood Trades Workers (nec) | 394299 |
Chemical Plant Operator | 399211 |
Power Generation Plant Operator | 399213 |
Library Technician | 399312 |
Jeweller | 399411 |
Camera Operator (Film, Television or Video) | 399512 |
Make Up Artist | 399514 |
Sound Technician | 399516 |
Performing Arts Technicians (nec) | 399599 |
Signwriter | 399611 |
Ambulance Officer | 411111 |
Intensive Care Ambulance Paramedic | 411112 |
Dental Technician | 411213 |
Diversional Therapist | 411311 |
Enrolled Nurse | 411411 |
Massage Therapist (See Note 14) | 411611 |
Community Worker | 411711 |
Disabilities Services Officer | 411712 |
Family Support Worker | 411713 |
Residential Care Officer | 411715 |
Youth Worker | 411716 |
Diving Instructor (Open Water) | 452311 |
Gymnastics Coach or Instructor | 452312 |
Horse Riding Coach or Instructor | 452313 |
Snowsport Instructor | 452314 |
Swimming Coach or Instructor | 452315 |
Tennis Coach | 452316 |
Other Sports Coach or Instructor | 452317 |
Sports Development Officer | 452321 |
Footballer | 452411 |
Sportspersons (nec) | 452499 |
Contract Administrator (See Note 20) | 511111 |
Program or Project Administrator | 511112 |
Insurance Loss Adjuster | 599612 |
Insurance Agent | 611211 |
Property Manager | 612112 |
Real Estate Agency Principal | 612113 |
Real Estate Agent | 612114 |
Real Estate Representative | 612115 |
The occupations with Notes referring to them are subject to caveats which can be found at https://pocketlegal.com.au/wp-content/uploads/2017/04/Interim-guidelines-on-caveats-for-the-subclass-457-programme-April-2017.pdf
Legal commentators suggest that the caveats are not law but merely policy at the current time. This would mean they could be challenged in the Administrative Appeals Tribunal until such time as they may in future be implemented as law.
Occupation not on either list (or subject to Note 25 on MLTSSL)
For current 457 applications still in process with nominated occupations not on either of these lists (or not approved for 457 visa under Note 25), the Government has advised that Nomination and Visa application fees can be refunded.
Future Occupation List Reviews
These new occupations lists are subject to review on 1 July 2017. The Government proposes to revise the MLTSSL annually and the STSOL every 6 months. These reviews will apply to 457 visa applications still in process at the time of review and if affected will presumably also have fees refunded.
Effects for applicants with a 457 visa application still in process on 19 April 2017
Applicants with occupations nominated from the STSOL can only be granted a temporary work visa for 2 years at a time and it is proposed that they can only renew once whilst in Australia. In addition there is no transitional opportunity to employer sponsored permanent residency.
Effects for applicants with a 457 visa application still in process on 1 July 2017
- No exemption of English requirements for applicants with salary at least $96,400
- Police clearance from countries where applicants have lived for a significant period – yet to be detailed.
- Further clarification of requirements for their nominating employer demonstrating training benchmarks for Australian residents
At this stage it is unclear whether expanded mandatory skills assessment will affect MLTSSL occupation nominees.
Effects for applicants with a 457 visa application still in process when the proposed abolishment of the 457 visa occurs some time within the first 2 months of 2018
It is unclear whether a 457 visa application will automatically become a TSS application. If the 457 visa application must be withdrawn this could pose problems for applicants holding a bridging visa, depending on the application criteria for the TSS.
Current information regarding the proposed TSS visa to be implemented by March 2018
Criteria | Short term stream | Medium term stream |
Requirements for Visa applicant | ||
Application fee | $1,150 | $2,400 |
Maximum Term | 2 years | 4 years |
English Level (equivalent to IELTS) |
Minimum overall 5 and 4.5 each test component | Vocational – Minimum 5 each test component |
Renewal | Once only within Australia | Renewal available |
Occupations | STSOL + additional occupations for regional employer support | MLTSSL+ additional occupations for regional employer support |
Work experience | At least 2 years relevant to Nominated Occupation | At least 2 years relevant to Nomination Occupation |
Police clearance | Mandatory | Mandatory |
Transition to employer sponsored permanent residency | None | After three years |
Requirements for Employer Sponsor | ||
Labour Market Testing | Mandatory | Mandatory |
Min. Market Salary | To be paid | To be paid |
Workforce | Non discriminatory test | Non discriminatory test |
Training Australians | Strengthened requirement | Strengthened requirement |
Current information regarding changes to the proposed ENS (Employer Nomination Scheme) and RSMS (Regional Sponsored Migration Scheme) permanent residency visas to be implemented
Criteria | Requirement | Implementation |
Occupation List: | Revised MLTSSL + STSOL + additional occupations for regional employer support | From 1 July 2017 |
Occupation List: | MLTSSL only + additional occupations for regional employer support | By March 2018 |
Transitional period: | At least 3 years – (holding 457/TSS working for sponsor in nominated occupation? – details yet to be provided) | By March 2018 |
Work Experience: | At least 3 years relevant to nominated occupation | By March 2018 |
English (equivalent to IELTS): |
Competent – Minimum 6 each test component | From 1 July 2017 |
Age: | Maximum 45 years for Direct Entry ENS and RSMS | From 1 July 2017 |
Age: | Maximum 45 years for all applicants (except for those exempted – eg transitional applicants who were 457 visaholders on 18 April 2017) | By March 2018 |
Min. Market Salary: | To be paid | By March 2018 |
Training Australians: | Strengthened requirement | By March 2018 |
Again, we are awaiting the specific terms for 457 visaholders as at 18 April 2017.