Year: 2017

New Department of Home Affairs established

Posted by Rebecca Berkovic on December 22, 2017

On 20 December 2017 the Department of Home Affairs (DHA) was established. As part of the Federal Government’s restructure, the Department of Immigration and Border Protection has been transitioned to the new Department. The DHA is responsible for immigration, border control, national security and law enforcement and includes the following agencies:

The Australian Federal Police (AFP)
Australian Border Force (ABF),
Australian Criminal Intelligence Commission (ACIC) and
Australian Transaction Reports and Analysis Centre (AUSTRAC).

The Australian Security Intelligence Organisation (ASIO) will also join the new DHA following the passage of legislation.

Links to information about traveling to Australia can now be found here:

http://www.homeaffairs.gov.au/Trav

Please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

Changes to Health Requirements for Certain Visas

Posted by Rebecca Berkovic on November 27, 2017

On 18 November 2017 new visa condition 8602 was introduced as well as changes to the health insurance requirements for subclass 457 visas, as explained below.

New Condition 8602

New Condition 8602 has been introduced which requires the visa holder not to have any outstanding public health debts while in Australia. Public health debts are those reported the Department of Immigration and Border Protection by any Commonwealth, State or Territory health authority but do not include health costs which are covered by health insurance or Medicare, or are for treatment for certain community health risks (eg tuberculosis).

Breach of condition 8602 may result in visa cancellation. Accordingly, visa holders who accrue a public health debt should arrange to repay any this debt with the relevant provider as soon as possible to avoid their visa being cancelled.

Visa Condition 8602 will be discretionary for some visas and mandatory for several visas including (but not limited to):

Subclass 188 (Business Innovation and Investment)
Subclass 400 (Temporary Work (Short Stay Specialist))
Subclass 407 (Training)
Subclass 408 (Temporary Activity) (certain streams only)
Subclass 417 (Working Holiday)
Subclass 457 (Temporary Work (Skilled))
Subclass 461 (New Zealand Citizen Family)
Subclass 462 (Work and Holiday)
Subclass 476 (Skilled – Recognised Graduate)
Subclass 485 (Temporary Graduate)
Subclass 489 (Skilled – Regional)
Subclass 500 (Student)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 651 (eVisitor)
Subclass 676 (Tourist)

Health Insurance Requirements for Subclass 457 visas

Subclass 457 visa applicants no longer need to provide evidence, or a letter from their insurer confirming their health insurance arrangements when applying for a visa – they simply need to indicate they have made adequate arrangements on the online form.

However Condition 8501, “maintain health insurance” itself has not been changed – that is, 457 visa holders must still maintain adequate health insurance while in Australia.

Need Assistance?

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your circumstances.

Disclaimer:

Upcoming Changes to the Labour Market Testing (LMT) Requirement

Posted by Rebecca Berkovic on September 26, 2017

Since 2013 457 visa sponsors have been required to test the Australian labour market to ensure there is no suitable Australian citizen, permanent resident or “eligible temporary visa holder” available to fill the position. Essentially this requires employers to provide evidence of attempts to recruit Australians, including details and expenses of advertising conducted. However, there are a number of exceptions to this obligation, as outlined below.

Current exceptions to the LMT requirement

Evidence of LMT must be provided to the Department of Immigration and Border Protection (Department) unless one of the following exemptions apply:

major disaster: the Minister may exempt a sponsor from the requirement to undertake LMT if a major disaster has occurred in Australia and the exemption is necessary or desirable in order to assist disaster relief or recovery.
skill level and occupation: all Australia and New Zealand Standard Classification of Occupations (ANZSCO) skill level 1 and 2 occupations are currently exempt from the LMT requirement unless the occupation’s experience or qualifications are considered “protected” under the legislation. Currently, experience or qualifications in the fields of engineering and nursing are protected, and therefore LMT is required regardless of the skill level of the occupation.
Australia’s international trade obligations: LMT is not required where it would conflict with Australia’s international trade obligations. There are a number of circumstances which fall under this exemption, including the country of origin of the visa applicant or whether the visa applicant is employed by an associated entity (of the sponsor’s business) which is located or operates in certain countries. However, even if LMT is not required because of international trade obligations, the Department still expects sponsors to provide an explanation of why LMT is not required.

Changes to LMT exemptions from March 2018

In March 2018 the 457 visa program will be replaced with the Temporary Skills Shortage visa (TSS) at which time LMT will become mandatory for all occupations, unless international trade obligations apply. Employers will therefore need to ensure they conduct LMT within the required timeframes, irrespective of the skill level of the occupation they are seeking to fill, unless the international trade obligation exemption applies.

Changes to the type of evidence of LMT the Department will accept

From 1 October 2017, the Department will no longer accept a summary table of domestic recruitment activities as evidence of LMT. Instead, employers will need to provide copies of actual advertisements placed and details of any fees paid.

For advice regarding working holiday visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

Return of the Australian General Skilled Visa

Posted by Rebecca Berkovic on August 2, 2017

With an increasingly restrictive (and soon to be more expensive) permanent Employer Sponsored visa regime, we are beginning to see a return of the Australian General Skilled visa program, which does not require employer nomination or sponsorship, as potentially a more popular visa option for skilled overseas workers.

The Australian General Skilled visa regime was much more expansive prior to the Government’s overhaul back in 2010, when the list of over 400 occupations was reduced to 181. However, it seems that since the Prime Minister’s announcement on 18 April 2017 to seriously restrict Employer Sponsored visas and abolish the subclass 457 visa, the Australian General Skilled visa may need to fill a necessary gap to ensure that Australia is able to continue to build its economy and attract overseas workers in areas where there are skills shortages.

Restrictions to the Employer Nomination Scheme (subclass 186) Visa

On 18 April 2017 the Prime Minister, Malcolm Turnbull, announced a series of reforms to the Australian work visa program which have restricted and changed the way the Employer Nomination Scheme (subclass 186) visa functions.

Proposed and actual amendments to the subclass 186 visa have included the following:

The first change introduced on 19 April 2017, was a stark reduction in the number of eligible occupations for the Direct Entry stream subclass 186 visa.
The maximum age limitation for the subclass 186 visa through Direct Entry was lowered on 1 July 2017 from 50 to 45.
English language proficiency requirements for the Temporary Residence Transition stream of the subclass 186 visa was increased from ‘vocational English’ to ‘competent English’ on 1 July 2017.
Caveats introduced on 19 April 2017 applying to certain occupations within the Temporary Work (Skilled)(subclass 457) visa program now also apply to Direct Entry subclass 186 visa applications from 1 July 2017.
The Australian Government has proposed a work visa levy to be introduced in March 2018 which would tax businesses with a turnover of less than $10 million a levy of $3,000 per overseas worker sponsored for permanent residency and businesses with a turnover of more than $10 million a levy of $5,000 per overseas worker sponsored for permanent residency.
The Government has also announced that the eligible list of occupations for the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL), can be changed every six months, which will lead to increased uncertainty for Australian businesses and visa applicants applying through the subclass 186 visa program.
The Government has announced that from March 2018, only those Temporary Skills Sponsored (TSS) visa holders with occupations included on the MLTSSL list will be eligible to apply through the subclass 186 visa Temporary Residence Transition stream. The period of time a TSS visa holder must hold and continue to work for the same employer to be eligible for the subclass 186 visa is set to increase from two years to three years.

Comparison of the Australian General Skilled Visa Program

The Australian General Skilled visa program until recently was more restrictive than the subclass 186 visa, given that a different limited Skilled Occupation List (SOL) applied to Skilled Independent visas whereas the expansive Consolidated Skilled Occupation List (CSOL) applied to both permanent and temporary Employer Sponsored visas.

Applying through the General Skilled visa program may now be a more attractive option for skilled overseas workers to remain in Australia permanently for the following reasons:

It may be a less expensive option, especially given that no work visa levy will apply.
Employees previously eligible for the subclass 186 visa may no longer be able to apply based on language restrictions, occupation caveats and a reduction in the number of eligible occupations for the subclass 186 visa. However, the same overseas employee may be eligible for a General Skilled visa.
The eligible occupation list for the Direct Entry subclass 186 visa is now identical to the Skilled Nominated (subclass 190) and Skilled Regional (Provisional) (subclass 489) visas. From March 2018, the Temporary Residence Transition stream eligible occupation list will be identical to the Skilled Independent (subclass 189) visa.

For Australian employers needing to sponsor skilled overseas workers on a permanent basis or overseas employees in Australia seeking permanent residence, the General Skilled visa program may be preferable to the Employer Nomination Scheme, especially going forward if the Government continues to restrict Australian work visas.

Need Assistance?

This is a time of significant change in governmental policy in relation to Australian visas and immigration law. It is critical for Australian businesses requiring skilled overseas workers to remain permanently in Australia that the correct visa pathway is selected.

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your situation.

Disclaimer:

A Changed Definition of Training for 457 Sponsorship

Posted by Rebecca Berkovic on July 27, 2017

As part of the bundle of legislative and policy reforms introduced to Australian work visas, including the Temporary Work (Skilled)(subclass 457) visa, on 1 July 2017 the Department of Immigration and Border Protection (DIBP) changed the definition of training for 457 sponsorship.

In applying to register as a 457 standard business sponsor, businesses are required to meet the requisite training benchmark. The training requirements include the following:

For a business operating for less than 12 months, an Auditable Training Plan must be provided.
For a business operating for more than 12 months, the options are as follows:
1. Training Benchmark A: The business must demonstrate that 2% of payroll was placed in an industry training fund; or
2. Training Benchmark B: The business can show that 1% of payroll expenditure was spent on training Australian staff.

Outline of the Key Training Definitional Changes

The key changes on 1 July 2017 include clarification of the following requirements:

Definition of what constitutes payroll expenditure for a business; and
Clarification of what can and cannot be counted towards training expenditure in order to meet Training Benchmark B.

What constitutes payroll expenditure?

The Federal Government has clarified that from 1 July 2017 payroll has an expansive definition and is considered to be one of the following:

The total amount of wages, remuneration, salary, commission, bonuses, allowances, superannuation contributions or eligible termination payments and payments made to relevant contractors or subcontractors; or
If the sponsoring business does not pay wages, contractors and subcontractors then the monetary value of director’s salaries, fees and drawn payments; or the profit of the business.

What Constitutes Training for Training Benchmark B?

The Federal Government has clarified that the following constitutes training for the purposes of Training Benchmark B:

for Australian employees to undertake a formal course of study, including any reasonable and necessary associated costs (e.g. costs of travelling to training venue) or access an online learning programme;
to RTOs to deliver face-to-face training to Australian employees that will contribute towards an Australian Qualification Framework qualification;
to purchase an eLearning platform or standalone training software; or
to cover the salary of:
- Australian employees engaged by the business as apprentices or trainees under a formal training contract;
- Australian employees who have completed an undergraduate or higher degree in a university within the last 365 days; or
- a trainer responsible for training Australian employees on a full time basis.

What Does Not Constitute Training for Training Benchmark B?

The Federal Government has clarified that the following cannot be counted towards training expenditure for the purposes of Training Benchmark B:

on-the job-training;
induction training;
staff completing online training courses;
purchasing software for use in normal duties;
membership fees;
purchasing books, journals or magazine subscriptions;
attending conferences for purposes other than continuing professional development;
hiring a booth at a trades show, conference or expo
training only undertaken by persons who are:
- not Australian citizens or permanent residents;
- principals in the business or their family members;
training that is not relevant to the industry in which the business operates or has a very low skill
level having regard to the characteristic and size of the business.

Proposed Future 457 Sponsorship Training Changes

Significant reforms are currently underway to the Australian visa program and when the new Temporary Skills Sponsored (TSS) visa replaces the subclass 457 visa, the Federal Government has announced that the current training provisions will be replaced by a work visa levy to be paid by standard business sponsors per worker.

Need Assistance?

It is crucial to each standard business sponsorship application that the correct evidence is provided to demonstrate meeting training benchmarks.

For advice and assistance with this process, contact us or email our firm at info@hartmanlawyers.com.au.

Disclaimer:

Greater Flexibility for the Australian Working Holiday Visa Program

Posted by Rebecca Berkovic on July 20, 2017

The Australian Working Holiday visa program enables young people from eligible countries to travel to Australia for up to one year.

In a bid to expand the Working Holiday visa program and encourage more working holiday makers to travel to Australia, the Federal Government has recently introduced changes which have resulted in more flexibility for visa holders and Australian employers.

Increase of the Working Holiday Visa Maximum Age Limit

The maximum age limit for applicants for the Working Holiday visa has been increased from 30 years to 35 years. Not only does this provide greater flexibility for visa applicants, but may also result in Australian businesses benefiting from slightly older travellers who may have a higher level of experience in the workforce.

Ability to Work for One Employer Beyond Six Months

Previously, holders of Working Holiday visas required special permission from the Department of Immigration and Border Protection to work for an employer for more than six months. Working Holiday visa holders can now work with the same employer for up to 12 months, in circumstances where the work is undertaken in different locations and work in any one location does not exceed six months.

For example, a visa holder can work with one employer for up to 12 months in:

hotels, resorts or restaurants within the same chain, provided they are in different premises;
independently owned franchises, in different workplaces;
State and Territory schools and health care facilities, provided these facilities are at different addresses; and
separate branches or facilities of the same organisation or business owner.

This allows employers to transfer the skills gained by their employee to another location or branch within the business.

Lowered Tax Rates for Working Holiday Visa Holders

From 1 July 2017, working holiday makers will be taxed at 15% on earnings up to $37,000. Previously, the tax rate was 19% for earnings up to $37,000.

Benefits to Australian Businesses

As well as benefiting the Australian tourist industry, the Working Holiday visa program has assisted Australian businesses requiring workers on a casual or short-term basis in specific roles. The expanded and more flexible Working Holiday visa program will provide Australian businesses with the opportunity to hire more senior employees with an increase in the age limit and in certain situations, retain working holiday makers for a 12 month period.

For advice regarding Working Holiday visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

What’s New for 457 Accredited Sponsorship?

Posted by Rebecca Berkovic on July 12, 2017

Included in the package of reforms for the Australian work and skilled visa programs which came into effect on 1 July 2017, are new arrangements for 457 Accredited Sponsorship. 457 Accredited Sponsorship was introduced by the Department of Immigration and Borer Protection (DIBP) as a means of expediting Temporary Work (Skilled)(subclass 457) nomination and visa applications for ‘low risk’ Australian businesses who were frequent users of the 457 visa program.

457 Accredited Sponsorship enables Australian businesses sponsoring skilled overseas workers to fast-track applications, thereby enabling workers to commence employment at an earlier date.

A New 457 Accredited Sponsorship System

The DIBP announced an expansion of the 457 Accredited Sponsorship system on 1 July 2017. The new requirements are intended to enable ‘low risk’ Australian businesses needing to sponsor overseas workers access to accreditation to fast-track applications urgent to the operation of the Australian business.

The new 457 Accredited Sponsorship system is intended to reduce subclass 457 processing times overall and is a welcome change by Australian businesses required to fill a skills shortage quickly.

The new accreditation characteristics are divided into four distinct categories:

Category 1

Relates to Standard Business Sponsors that are Australian government agencies (Commonwealth, state and territory).

Requirement:

Must have Australian workers comprising at least 75% of their workforce in Australia.

Category 2

Relates to Standard Business Sponsors that are approved Australian Trusted Traders.

Requirements:

Must have Australian workers comprising at least 75% of their workforce in Australia.
Engage all 457 holders as employees under a written contract of employment that includes at least the minimum employment entitlements as required under the National Employment Standards (unless their occupation is exempt from this requirement).
Have all Australian employees paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates for all occupations in their business.

Category 3

Relates to Standard Business Sponsors categorised as “Low risk” with low volume usage (of the 457 programme) and high percentage of Australian workers (at least 90%).

Requirements:

Must be a publicly-listed company or a private company with at least AUD four million annual turnover for the last two years.
Have been an active 457 sponsor for at least two years.
Must have no adverse monitoring outcomes.
Have sponsored at least one primary 457 visa holder in the two years prior to the application for accreditation.
Have a non-approval rate of less than 3% for the previous two years.
Have Australian workers comprising at least 90% of their workforce in Australia.
Must engage all 457 holders as employees under a written contract of employment that includes at least the minimum employment entitlements as required under the National Employment Standards (unless their occupation is exempt from this requirement).
Have all Australian employees paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates for all occupations in their business.
Have provided details of all business activities undertaken by their business to the Department.
Must have provided details of all Principals / Directors of their business to the Department.

Category 4

Relates to Standard Business Sponsors categorised as “Low risk” with high volume usage (of the 457 programme) and medium percentage of Australian workers (at least 75%).

Requirements:

The Characteristics are the same as Category 3 with two differences:

The business must have sponsored at least ten primary 457 visa holders in the two years prior to the application for accreditation; and
Must have Australian workers comprising at least 75% of their workforce in Australia.

To qualify for accredited status, a 457 business sponsor must still meet all the requirements for standard business sponsorship and demonstrate they meet the additional characteristics in one of the four categories listed above.

The Benefits of Becoming a 457 Accredited Sponsorship

The DIBP provides benefits to Australian businesses holding 457 Accredited Sponsorship. The benefits provided are as follows:

The 457 business sponsorship is valid for six years instead of five;
Importantly, priority allocation of all nomination and visa applications is granted; and
Additional streamlined processing of certain low-risk nominations is provided.

Existing standard business sponsors holding accredited status will not be impacted by the changes to 457 Accredited Sponsorship introduced on 1 July 2017.

Applying for 457 Accredited Sponsorship

Australian businesses already sponsoring or intending to sponsor overseas employees under the 457 visa program can apply to become a 457 Accredited Sponsor if the business falls into one of the four categories listed above.

For existing Standard Business Sponsors to apply for accredited status, the business will need to lodge a

sponsorship variation application and ask to be considered for Accredited Sponsorship. Additional evidentiary documentation must be provided at the time of application.

Businesses that are not yet registered as Standard Business Sponsors at 1 July 2017 must firstly apply to become a 457 business sponsor before they can be assessed for accredited status.

Need Assistance?

It is our priority to assist in enabling Australian businesses to obtain the workforce they require. We know firsthand that the employment commencement date of a skilled overseas worker can be crucial to the operation of the business and may be critical to fulfilling client contracts.

We therefore encourage businesses meeting the accreditation status criteria to obtain 457 Accredited Sponsorship in order to fast-track 457 nomination and visa application processing.

For assistance with this process, contact our firm at info@hartmanlawyers.com.au and we can advise on your business’ eligibility to obtain 457 Accredited Sponsorship status.

Disclaimer:

Australian Skilled visa changes from 1 July 2017

Australian Visa Changes from 1 July 2017: Skilled Visas

Posted by Rebecca Berkovic on July 3, 2017

The Australian Skilled visa program is an important means of growing the Australian workforce and ensuring that labour shortages in particular occupations in Australia can be filled by skilled overseas workers. The Australian visa changes from 1 July 2017 have heralded in an expanded Skilled visa program in terms of eligible occupations.

Australian Skilled Eligible Occupations- 1 July 2017

The Medium and Long-term Strategic Skills List (MLTSSL) will apply to the following classes of visas:

Skilled- Independent (subclass 189) visas;
Skilled-Regional (Provisional)(subclass 489) visas; and
Temporary Graduate (subclass 485) visas.

The Department of Immigration and Border Protection (DIBP) will continue to amend the occupation list, which has been announced will occur on a six-monthly basis.

Additional Occupations for Skilled Visas:

chief executive or managing director
corporate general manager
chief information officer
faculty head
university lecturer
environmental manager
musician (instrumental)
statistician
economist
mining engineer (excluding petroleum)
petroleum engineer
engineering professionals (nec)
chemist
food technologist
environmental consultant
environmental research scientist
environmental scientists (nec)
geophysicist
hydrogeologist
life scientist (general)
biochemist
biotechnologist
botanist
marine biologist
microbiologist
zoologist
physicist
life scientists (not elsewhere classified)
conservator
metallurgist
meteorologist
natural and physical science professionals (nec)
multimedia specialist
software and applications programmers (nec)
ICT security specialist
horse trainer

Skilled Visa Age Requirement- 1 July 2017

The maximum age requirement for Skilled visa applicants has been reduced from below the age of 50 to below the age of 45 for applicants applying from 1 July 2017. An exception to this is the newly created ‘New Zealand pathway’ for Skilled visas.

The new age requirement of below 45 will affect the following visas:

Skilled Independent (subclass 189) visa;
Skilled Nominated (subclass 190) visa; and
Skilled Regional (Provisional) (subclass 489) visa.

Skilled Visa- New Zealand Pathway

From 1 July 2017, the Australian Government has introduced an additional pathway to Australian permanent residence as part of the Skilled Independent (subclass 189) visa for New Zealand Special Category visa (SCV) holders.

This creates an additional option for New Zealanders seeking Australian permanent residency.

Need Assistance?

For specific enquiries regarding applications for Australian Skilled visas, please feel free to contact us at info@hartmanlawyers.com.au.

Disclaimer:

Australian Visa Changes from 1 July 2017: Permanent Employer Sponsored Visas

Posted by Rebecca Berkovic on July 3, 2017

Included in the Australian Government’s 1 July 2017 Australian visa reform package, are amendments to the employer sponsored visa program, including the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187).

A summary of the changes to the subclass 186 and 187 visa are outlined below:

Eligible Occupation Lists for Permanent Employer Sponsored Visas

For subclass 186 visas – from 1 July 2017 the Combined Eligible Occupation List will apply to the Direct Entry Stream, which include those occupations listed in the Short-term Skilled Occupations List (STSOL) and the Medium and Long-term Strategic Skills List (MLTSSL). Relevant caveats specified in these occupation lists will also apply to the subclass 186 visa Direct Entry stream.

Eligible subclass 186 Temporary Residence Transition (stream occupations will be those that were approved for the Temporary Work (Skilled) (subclass 457) visa.

The Federal Government has stated that the occupation list changes for 1 July 2017 will not impact the subclass 187 visa which does not utilise the eligible skilled occupation lists.

Caveats for Permanent Employer Sponsored Visas

Caveats which were introduced on 19 April 2017 applying to the Temporary Work (Skilled)(subclass 457) visa program, will also apply to Direct Entry subclass 186 visa applications from 1 July 2017.

Caveats have placed specific requirements on several nominated occupations in terms of minimum salary, business turnover, number of workers employed by the sponsoring business, employment experience of the visa applicant, nature of the business or required location in a regional area.

English Language Requirement

From 1 July 2017, the English language requirement for subclass 186 and 187 visas has now changed for the Transitional visa stream from ‘vocational’ to ‘competent’ English, which requires:

A score of 6.0 in each of the four test components of the IELTS test;
a score of at least ‘B’ in each of the four test components of an Occupational English Test (OET);
A minimum test scores in each of the four test components: 12 for listening, 13 for reading, 21 for writing and 18 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT) test;
A test score of at least 50 in each of the four test components (speaking, reading, listening and writing) in a Pearson Test of English (PTE) Academic test; or
A test score of at least 169 in each of the four test components (speaking, reading, listening and writing) in a Cambridge English: Advanced (CAE) test that has been undertaken on or after 1 January 2015 and prior to lodging the visa application.

The English language requirement of ‘competent’ English for the Direct Entry Stream of subclasses 186 and 187 visas remains the same at 1 July 2017.

Age requirement

From 1 July 2017, the maximum age requirement of below 45 at the time of application will apply to Direct Entry stream applicants for the subclass 186 and 187 visas.

The maximum age requirement of below 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants.

Need Assistance?

For specific enquiries regarding applications for Australian work visas, please feel free to contact us at info@hartmanlawyers.com.au.

Disclaimer:

Australian Visa Changes from 1 July 2017: 457 Visas

Posted by Rebecca Berkovic on July 3, 2017

The Federal Government has introduced a host of additional Australian visa changes which came into effect on 1 July 2017, impacting the Temporary Work (Skilled)(subclass 457) visa program. The entire 457 visa program will be replaced with the Temporary Skills Shortage (TSS) visa from March 2018, however in the interim, companies sponsoring workers on temporary visas are still able to utilise the 457 visa program.

The major 1 July 2017 changes to the 457 visa program are outlined below:

Eligible Occupation Lists

The Department of Immigration and Border Protection (DIBP) has announced that it will update the relevant eligible occupation lists on a six monthly basis.

From 1 July 2017, the following changes to the eligible occupation lists occurred:

Short-term Skilled Occupation List (STSOL) – Additional Occupations

The following occupations were added to the STSOL on 1 July 2017:

research and development manager
production manager (manufacturing)
production manager (mining)
music director
music professionals (nec)
artistic director
aeroplane pilot
flying instructor
helicopter pilot
nurse researcher
web developer
ICT Support and Test Engineers (nec)
ICT support technicians (nec)
textile, clothing and footwear mechanic
butcher or smallgoods maker
retail buyer

Medium and Long-term Strategic Skills List (MLTSSL)- Additional Occupations:

The following occupations were added to the MLTSSL on 1 July 2017:

chief executive or managing director
corporate general manager
chief information officer
faculty head
university lecturer
environmental manager
musician (instrumental)
statistician
economist
mining engineer (excluding petroleum)
petroleum engineer
engineering professionals (nec)
chemist
food technologist
environmental consultant
environmental research scientist
environmental scientists (nec)
geophysicist
hydrogeologist
life scientist (general)
biochemist
biotechnologist
botanist
marine biologist
microbiologist
zoologist
physicist
life scientists (not elsewhere classified)
conservator
metallurgist
meteorologist
natural and physical science professionals (nec)
multimedia specialist
software and applications programmers (nec)
ICT security specialist
horse trainer

Removed Occupations:

The following occupations were removed to the MLTSSL on 1 July 2017:

Equipment Hire Manager
Fleet Manager
Picture Framer
Property Manager
Psychotherapist
Real Estate Agent Principal
Real Estate Agent
Real Estate Agent Representative
Ship’s Engineer
Ship’s Master
Ship’s Officer
University Tutor

The validity period for subclass 457 visas based on occupations listed on the STSOL are granted for a two year period and are able to be renewed once. The validity period of the subclass 457 visa based on occupations included on the MLTSSL is for a four year period and acts as a pathway to Australian permanent residency.

Mandatory Skills Assessments

Currently, for 457 visa applicants in specific occupations of certain nationalities, a skills assessment is required from Trades Recognition Australia (TRA) or VETASSESS. In addition, case officers from the Department of Immigration and Border Protection (DIBP) have the discretion to request a skills assessment from the relevant assessing authority when processing 457 visa applications if they are uncertain whether the applicant meets the definition of the relevant nominated occupation.

From 1 July 2017, additional countries have been added to the list requiring a skills assessment from TRA prior to submitting their subclass 457 visa.

Caveats

From 1 July 2017, caveats on certain occupations introduced on 19 April 2017 have been relaxed in relation to certain occupations. Caveats have placed specific requirements on several nominated occupations in terms of minimum salary, business turnover, number of workers employed by the sponsoring business, employment experience of the visa applicant, nature of the business and/or required location in a regional area.

This is a win for Australian startup businesses requiring the assistance of overseas workers bringing important skills to different industries, since new businesses were unlikely to be able to meet caveats placed on business turnover and employee numbers required previously for certain occupations.

English Language Exemptions

In the past, visa applicants earning over the high income threshold of $96,400 were exempt from providing evidence of English language ability when applying for a subclass 457 visa.

The English Language Salary Exemption Threshold will no longer be available for 457 visa applications lodged on or after 1 July 2017.

Police Clearance Certificates

From 1 July 2017, subclass 457 visa applicants will be required to provide police clearance certificates at the time of application. This change will affect applications lodged on or after 1 July 2017.

Need Assistance?

For specific enquiries regarding applications for Australian work visas, please feel free to contact us at info@hartmanlawyers.com.au.