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KEY DATES - Introduction of Temporary Skill Shortage Visa (TSS) and phasing out of Temporary Work (Skilled) (subclass 457) visa (457 visa)

It has been somewhat of a turmoil in Australian Immigration arena since the announcement made by the Turnbull Government on 17 April 2017 to phase out the existing Temporary Work (Skilled) (subclass 457) visa (“457 visa”) and introduce a new replacement visa, the Temporary Skill Shortage Visa (“TSS visa”).  The main confusion and frustration following the announcement lies in the fact that there has been little or no prior consultation.  The announcement blindsided both Migration Agents as well as current and prospective visa applicants.

Migration Alliance is here to inform you of key dates relevant to new TSS visa as well as existing 457 visa:

  • 19 April 2017 – Removal of 218 skilled occupations from list of sponsorable occupations as well as introduction of two new skilled occupations lists:
    • Medium - Long Term Strategic List (MLTSSL) and Short Term Skilled Occupation List (STSOL)
    • Changes to the validity period of a 457 visa for applications lodged and/or approved on or after 19 April 2017.  Two years will be granted if the occupation is on STSOL or up to four years if the occupation is on MLTSSL
    • Opportunity given by DIBP to withdraw a 457 nomination and/or visa application in progress where an occupation is no longer on the either list
  • 1 July 2017 – Further review of existing 457 visa arrangements
    • Possible removal of occupations from both lists (MLTSSL and STSOL)
    • Introduction of providing police clearance as part of the 457 visa application process
    • Changes to existing training benchmark requirements
    • Changes to English language requirements
  • 1 December 2017 – Data Matching Introduced
    • DIBP will start collecting Tax File Numbers (TFN) for existing 457 visa holders for the purpose of cross checking salary against earnings declared on a recent 457 nomination
  • March 2018 – Abolition of the 457 visa and introduction of the TSS visa
    • 457 visas will be abolished
    • TSS will be introduced
    • There will be two streams available under TSS
      • Short Term Stream Visa will be valid for two years which will not lead to permanent residency
      • Medium Term Stream Visa will be valid for up to four years with potential pathway to permanent residency after three years
      • Caveats for certain occupations including minimum salary requirements as well as certain occupations reserved exclusively for regional areas
      • Mandatory prior employment experience for both streams
      • Labour Market Testing (unless exempt under International Obligations)
      • A non discriminatory workforce test to be introduced

To add to the confusion already created last week, it appears that revised instrument specifying occupations listed under MLTSSL and STSOL released on 19 April 2017 appears to be no longer in force which left us with the previous list.  As expected, DIBP is yet to update this information and I encourage everyone to check legislation regularly before submitting an application during this transition. For further information please contact me at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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  • Guest
    Mark Northam Thursday, 27 April 2017

    Also, don't forget introduction of Caveats to 457 applications on 19 April 2017 - this has a huge potential impact on applicants.

  • Kris Joohyung Ahn
    Kris Joohyung Ahn Thursday, 27 April 2017

    Hi all,

    The 'new' instrument 17/040 with MLTSSL and STSOL have been repealed, and the 'old' lists IMMI 14/049 are in effect.

    Did anyone realise this?

  • Guest
    Roroo Wednesday, 03 May 2017

    Hi is this the same kris that worked at no borders ??

  • Guest
    Anthony Thursday, 27 April 2017

    I would like to see discussion on the impact on 186 visa and the pathway to Permanent Residency, What changes will effect applying for a 186 visa? Will existing 457 visa holders retain a right to apply for a 186 Visa?

    This also needs to be dove tailed into the changes in Citizenship by conferral.

    What advice should be given to clients who are seeking a pathway towards permanency and citizenship?

  • Guest
    Inemoa Pepper Thursday, 27 April 2017

    I have asked the Department how the changes will impact on 457 visa holders wishing to apply for a permanent visa, especially visa holders in occupation not in Medium and Long Term Skilled List but I have not had any response other than the automatic response.

    I have 457 visa holders who wish to apply for 186 visas. The 457 visa holders work in the agricultural sector and have been here on 457 in the last 3 years. Because they do not satisfy the English requirement of the 186 visa, the employer is willing to pay the 457 visa holders 180,001 per annum because without these workers, the employer will not have a viable business.

    Question: Do we go ahead and lodge their permanent visa applications, given that the occupation in question is in the 2 year list?

  • Guest
    Frank Richter Wednesday, 10 May 2017

    English exemption for all visas end on 1st July 2017. If this means also for all undecided applications before that date is unclear. In your case it is not sufficient that employer wants to pay $180,001. You also have to look market rates for position, if you can not justify it, visa/nomination will not be approved.

  • Guest
    Mark Northam Wednesday, 10 May 2017

    Hi Frank - Can you advise your source for the elimination of the English exemption for the 186 TRT visa? As far as I know only the high salary English exemption for the 457 visa has been announced so far.

  • Guest
    Jaleh Johannessen Thursday, 27 April 2017

    President Trump made snap announcement excluding permanent resident card holders from 7 countries to enter the US effective immediately. The world condemned him and his brutal treatment of visa holders.
    Our beloved PM announced effective immediately that potential migrants who have been in this country studying for several years, then working as employer sponsored 457 visa holders for several years are now effective immediately have wasted all their time and money and efforts and mind you, significant application fees- and have no hope of remaining in Australia lawfully. No one made any objections.
    I am confused about all this brutality that is being employed by our leaders. Why does it have to be so nasty, so violent, so inhumane? Why do they believe this is the right way to make changes?
    Why not announce the changes, and allow them to take effect on 1 July so that everyone has time to read, to understand and to prepare? What is this violent and aggressive attitude in our leaders?
    As much as I loved and respected our PM, I can see clearly now that all of these announcements, every last bit of it is to appease Mr Shorten and his lot. This is not about best interests of Australian people; this is political tactics, pure and simple. Yet, achieved at the expense of the very people our higher education industry is fed by.
    I thought Gillard was bad in not having the capacity to understand the Migration system and law and the best interests of our businesses. Our current PM wins the prize now. Well done!
    Take it from me Mr Prime Minister, no political leader ever succeeded in winning the hearts of his/her people by breaking the hearts of innocent people such as visa applicants.
    This is not the behaviour of a true leader.

  • Guest
    Armin Saturday, 06 May 2017

    True.

  • Kris Joohyung Ahn
    Kris Joohyung Ahn Thursday, 27 April 2017

    Dear Colleagues,

    I am not sure whether if you are aware, but the new occupation list has been ‘repealed’, and the ‘old’ list is now back in force – again. See below links for your review.

    The Department’s website has not updated this information for over a week – and this makes it EXTREMELY confusing for everyone.
    However, below links are from the Australian Federal Register of Legislation.

    The NEW list: https://www.legislation.gov.au/Details/F2017L00450
    “No Longer In Force” since 20 April

    The OLD List: https://www.legislation.gov.au/Details/F2014L00753
    “In force – Latest Version.”

    All this means the new changes are back to before.

    It is confusing and downright misleading for the DIBP to continue placing the non-effective information on their website.

    Of course, there is high chance that Peter and his team are working as I write this to introduce another new instrument – let’s cross our fingers and hope that it’s less damaging.

    Let’s keep our eyes open for any new changes, and if there are – I hope we could all share any new information.

  • Guest
    Dorota Sokolowski Thursday, 27 April 2017

    How did they introduce 'changes to the validity' of the 457?
    Regulation? Policy? Haven't seen any.
    Border website says the duration of 457 based on STSOL will be for 2 years. Should we rely on their website info? Is it ever reliable?
    They published the regulation with the new occupations specifications. It is no longer in force
    https://www.legislation.gov.au/Details/F2017L00450. It has been revoked.
    Why are we still worried about an announcement with no backing by legislation or even policy?

  • Guest
    Shabeer Ahmad Thursday, 27 April 2017

    Sir, I have requested to you about my migration to Australia against in any categories. .if this is favourable for me and I ccan get this visa then must apply for me.
    Regards
    Shabeer Ahmad
    shabeer.ahmad@igc.com.pk

  • Guest
    Karol Nowak Thursday, 27 April 2017

    Here's answer to your concerns about new lists no longer in force:
    https://www.legislation.gov.au/Details/F2017C00352
    They've amended old one, instead releasing new instrument... took them 6 days, lol

  • Guest
    Dorota Sokolowski Thursday, 27 April 2017

    Hey Guys,
    Maybe the crowd at Immi haven't noticed that the Minister's new instrument has been repealed by operation of another statute. Maybe we shouldn't be talking too loudly about it and get as many visa applications in as possible and then argue the point in court if Immi officers refuse the visas.

  • Guest
    Julie Tariel Friday, 28 April 2017

    I think the caveats are applicable now and not in March 2018

  • Guest
    Sara Friday, 28 April 2017

    My visa application was lodged on the 23 January.
    Will caveats apply if my visa is still in process? My understanding is that when we did the application in January 2 year experience was not a requirement so if my visa was lodge before it should not apply.

  • Guest
    Frank Richter Wednesday, 10 May 2017

    Yes it applies to all undecided cases including any pending at AAT

  • Guest
    RK Friday, 28 April 2017

    Look IMMI 16/059 as amended and registered as of 26 Apr 2017. It incorporates amendments up to Immi 17/040. https://www.legislation.gov.au/Details/F2017C00352

  • Guest
    Rossana Gonzalez Friday, 28 April 2017

    It is instrument 16/059 that is currently in force. It is an amendment to an existing instrument which includes all the caveats. https://www.legislation.gov.au/Details/F2017C00352

  • Guest
    Monica Sunday, 30 April 2017

    Hi I m already in 457 I m able to apply my pr in2018 sep is it effective on my pr or I come in old rules I m hairdresser

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