In preparation for implementing the streamlined processing recommendation of the Review into Integrity in the Subclass 457 Programme: “Robust new Foundations- Streamlined, Transparent and Responsive System for the 457 Programme,” the Department of Immigration and Border Protection (DIBP) has made amendments to the online Temporary Work (Skilled) (subclass 457) sponsorship, nomination and visa application forms as of 20 November 2015.

In 2016, the DIBP intends to create a streaming process for subclass 457 applications.  Applications will be divided into streams based on the characteristics of the visa applicant and the sponsor.

Streams are intended to be divided according to the following factors:

Stream 1:

• The sponsoring company should have a turnover of over $4 million;
• The sponsoring company should have been an approved sponsor for more than four years;
• The sponsor should have a totally sanction-free track record of approved sponsorship;
• The visa applicant should be nominated in certain, specific occupations from the proposed new list of occupations; and
• The visa applicant should be paid a base salary of more than $129 300 per annum.

If all these five characteristics are met, then the sponsor would be granted streamlined approval to and will be allocated to Stream 1. If fewer than five characteristics are met, the application goes to either Stream 2 or Stream 3.

Stream 2

• The sponsoring company should have a turnover of at least $1 million;
• The sponsoring company should have had no sanctions for the last four years;
• The sponsoring company should have been an approved sponsor for more than one year;
• The visa applicant should be nominated in one of the occupations in the proposed new list of occupations; and
• The sponsoring company must be paid a base salary between $96 400 p.a. and $129 300 per annum.

If all five elements of Stream 2 (or a combination of Stream 1 and Stream 2) characteristics are met, the application will receive more scrutiny than those of Stream 1, but less than those of Stream 3.

Stream 3

Scrutiny of Stream 3 applications will be more rigorous than that of the other streams.  Stream 3 will capture all applications not eligible for the other streams.

Practical changes

The new streamlining initiative by the DIBP will affect processing times for subclass 457 sponsorship, nomination and visa applications.  It is intended to lead to expedited processing for applications in which sponsoring companies and visa applicants meet the requirements of Streams 1 and 2.  However, this will increase processing times for the majority of applications falling into Stream 3.

Current alterations to the online application forms require additional information from sponsoring companies and visa applicants now required by the DIBP in order to submit eVisa forms.

For assistance and advice regarding subclass 457 sponsorship, nomination and visa applications, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

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