Major changes have been and are in the process of being introduced to Australian work visas and the Employer Sponsored visa program.
Following the announcement by the Federal Government on 18 April 2017 that significant changes would take place to the Australian work visa program, the amendments came into effect yesterday. Changes to both the temporary work visa stream and permanent Employer Sponsored visas will be introduced in stages as follows:
Temporary Employer Sponsored Visas
19 April 2017 Changes
Temporary Work (Skilled)(subclass 457) visas
Current holders of subclass 457 visas will be able to continue to hold their visa until the expiry date. Pending subclass 457 visa applications will be subject to the new occupation lists and applicants no longer eligible for this visa will need to withdraw their applications.
Subclass 457 applications lodged from 19 April 2017 onwards must have an occupation on the new occupation lists.
New Occupation Lists
The Consolidated Sponsored Occupation List (CSOL) has been replaced by the new Medium and Long Term Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL).
As it stands, 216 occupations have been removed from the CSOL, including the more common nominated occupations of Human Resource Adviser, Procurement Manager, Public Relations Manager, Importer or Exporter, Retail Buyer and Web Developer. See enclosed complete removed occupations list.
Occupation Caveats
Caveats have been introduced to 59 occupations on the STSOL. The Department of Immigration and Border Protection (DIBP) has announced that visa applications where the nominated occupation falls within the scope of the ‘caveat’ will not be approved.
A list of the caveats published by the DIBP can be accessed here.
Duration of Visa Grant
Short-Term stream: For visa applicants granted a subclass 457 visa from 19 April 2017 with an occupation on the STSOL, the visa can only be granted for 2 years with only one further extension allowed for another two years. Australian permanent residency through the subclass 186/187 Employer Sponsored scheme will not be allowed.
Medium-Term stream: For visa applicants granted a subclass 457 visa with an occupation on the MLTSSL, it can be granted for 4 years. Visa holders will be able to apply for a permanent 186/187 visa after 3 years on a 457 visa if the employer agrees to nominate the visa holder.
1 July 2017 Changes
From 1 July 2017, the following changes announced by the Federal Government that will be introduced to the subclass 457 visa program include:
English salary exemption $96,400 is to be removed.
Training benchmarks for subclass 457 business sponsors are to set to be changed.
Mandatory penal clearance certificates will be required for all subclass 457 visa applicants.
8 March 2018 Changes
Introduction of Temporary Skill Shortage (TSS) visa
The new Temporary Skill Shortage (TSS) visa will replace the subclass 457 visa from March 2018.
Visa applicants for the TSS will require an occupation on the STOSL or MLTSSL and two years’ relevant work experience.
Permanent Employer Sponsored Visas
19 April 2017
Occupation Lists
Eligible occupations for the Employer Nomination Scheme (subclass 186) visa and Regional Sponsored Migration Scheme (subclass 187) visa on the CSOL have been condensed with 216 occupations removed and 24 occupations restricted to regional Australia.
The CSOL has been replaced with a combined STSOL and MLTSSL for eligible occupations.
1 July 2017
Occupation Lists: The STSOL will be further reviewed based on advice from the Department of Employment. The MLTSSL will be revised based on outcomes from the Department of Education and Training’s 2017-18 Skilled Occupation List review.
English Language Requirement: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 6 in each component will be introduced.
Age: For the Direct Entry Stream, a maximum age requirement of 45 at the time of application will be introduced.
For the Temporary Residence Transition stream, a maximum age requirement of 50 at the time of application will continue to apply.
March 2018
Occupation Lists: For the subclass 186 and 187 visas: Only the MLTSSL will apply, with additional occupations available to support regional employers for the RSMS.
Minimum Salary Rate: A minimum market salary rate will be introduced whereby employers must pay the Australian market salary rate as well as meeting the Temporary Skilled Migration Income Threshold.
Age Requirements: All visa applicants must be under the maximum age requirement of 45 at the time of application.
We will continue to provide our clients and contacts with further details regarding changes to Australian work visas and the Employer Sponsored visa program as they become available.
In the meantime, for advice regarding Australian work visas, 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.
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.