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.
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.