The UK did it with Brexit, America did it with Trump and now Australia seems to be following suit. Picking on migrants for political gain is certainly a growing trend.
The Australian Government dealt a blow to thousands of workers and employers yesterday when it announced plans to abolish the 457 visa scheme and replace it with two new temporary skilled visas as part of a Temporary Skill Shortage Visa Program.
Within hours of the announcement, two significantly condensed lists were released, the Medium and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL).
The program is being axed despite the fact that 457 visa grants have fallen significantly in recent years, down from a peak of 126,000 in 2012 to just 95,000 in 2016.
It’s no secret that the 457 visa system has been under attack for some time now, with employers and applicants both having to cut through an increasing amount of red tape. The horrific application process was already enough of a deterrent to ensure that only employers who genuinely needed skilled labour would use 457s.
Reforms have already commenced and will be completed by early next year.
Here is the list of occupations being removed entirely.
Don’t start celebrating just yet though, even if your occupation is still on the MLTSSL or STSOL. Many of the occupations that remain now have caveats placed against them. For example, Customer Service Managers must work for an employer with an annual turnover in excess of $1M and must have a base salary over $65,000.
Similarly, a Beauty Salon Manager cannot be employed by a business with fewer than five full-time employees and a Massage Therapist can no longer be employed in a “therapeutic setting”, ruling out spas.
It’s a minefield and we recommend seeking advice from a Registered Migration Agent prior to making an application.
Here’s a summary of what we know so far. We will update this article as soon as more information becomes available.
Key 457 changes scheduled at various dates over the coming months:
• Shorter occupation lists
• Minimum of two years’ full-time work experience required
• Minimum salary rates
• Labour market testing required
• Only one onshore renewal allowed for applicants under the short-term TSS stream
• Medium-term TSS visa holders may be eligible for a PR pathway after three years
• Short-term TSS visa holders can renew onshore
• PR residence eligibility period will rise from two years to three
• Strengthened training benchmark requirements
• Data matching between ATO and Border Protection
• Mandatory police clearance certificates
Changes to eligibility requirements for employer-sponsored PR:
• Minimum of three years’ work experience required
• Maximum age of 45
• Strengthened training benchmark requirements
• Employers must meet minimum salary requirements and pay a ‘market rate’ salary
• Have an IELTS of 6+
• Commit to working for the company for 3 years
These reforms will be staggered over the next 11 months. Timelines have been released containing key dates.
457 Reform Timeline
186 / 187 Reform Timeline
Existing visa concessions for regional Australia will remain in place. For example, the waiving of nomination fees and age limits for certain roles.
457 changes – other key points:
• If you have lodged a 457 visa application and your occupation has been removed from the list, you will be entitled to a refund of your Department of Immigration and Border Protection application fee.
• Anyone applying for a 457 visa from now until March 2018 must be working in an occupation listed on the STSOL or MLTSSL. If you’re on the short-term list, your visa will only be granted for 2 years and you will not have a pathway to PR. If you’re on the medium-term list, your 457 visa can still be granted for up to four years and you may have a pathway to PR after 3 years.
• Short-term applicants must demonstrate that they only wish to remain in Australia temporarily.
• The 457 visa program will end completely in March 2018.
• The new TSS program requires applicants to have at least two years of relevant work experience. This means that most graduates will not be eligible for sponsorship as of next year.
• Regarding current 457 visa holders who wish to transition to PR. Speaking to the media, Immigration Minister Peter Dutton said they will not be impacted by the change and will still be entitled to apply for residency. Information relating to this is still coming through and we will provide an update as soon as things become clear.
Commenting on the announcement, Prime Minister Malcolm Turnbull said: “We are putting jobs first, we are putting Australians first. We are an immigration nation, but the fact remains that Australian workers must have priority for Australian jobs.
“Australian workers must have priority for Australian jobs, so we are abolishing the 457 visa, the visa that brings temporary foreign workers into our country. We will no longer allow 457 visas to be passports to jobs that could and should go to Australians.”
It is speculated that application fees of $1,150 and $2,400 will be payable for the short and medium-term visas respectively.
What happens next?
If you’re on a 457 visa and concerned about your residency pathway or you’re planning to apply for a 457 visa, you can contact our team to arrange a free consultation. Our Registered Migration Agents will assess your options and recommend the best course of action for you.
For a free consultation with a Registered Migration Agent, call (WA) 08 6189 5333 (VIC) 03 9038 9070 or email [email protected]
Hi sir
I am already on 457 visa I got for 18 months and I lodgedmy sbs and nomination and visa file togather my two year time will be finish in sep 2017 just want to know it will impact on me I got visa as a cook and file is already open and they ask for some documents just need to provide that thanks
And one thing more please how we do benchmarks training funds according to financial year or Jan to dec because we done as financially year but they are asking as Jan to dec is that any problem thanks
Hi Mani – Please email [email protected] or call our office to discuss your options.
Hi just a quick enquiry. My wife and I and our five boys are very interested in moving to Perth Austrailia. My wife is a nurse and is 45 years old, I am a project manager and I am 46 years old.Our boys ages are 17,15,11,7,and 4.We are wondering what our options are if any with the new rules on visas. We have stayed recently on holiday in Perth and found it to be a beautiful palace to live. we have thought strongly about moving but would like to know the correct direction to take. your help would be most appr. thank you.ciated
Hi Frank – Thank you for your comment. Please email [email protected] or call our office to discuss your options with one of our Registered Migration Agents.
Hi Frank – Please call us on (WA) 08 6189 5333 (VIC) 03 9038 9070 or email [email protected] and we can arrange a free consult with an agent. We’ll assess your options, taking into account the recent changes.
hi its me yagya rawal i am under the 457 visa when I applied 457 visa that time my restaurant was running less then 1 year so I got 18 months visa. my visa going to finish in December so I just want to know what I need to do and does new rule effects me? thanks
Hello – Please call us on (WA) 08 6189 5333 (VIC) 03 9038 9070 or email [email protected] if you’d like to discuss your situation with an agent.
hi its me yagya rawal i am under the 457 visa when I applied 457 visa that time my restaurant was running less then 1 year so I got 18 months visa. my visa going to finish in December so I just want to know what I need to do and does new rule effects me? thanks
Hello Yagya – Please email [email protected] or call our office to discuss your options with an agent.
Hii
I working in a resturant as a manager with a sponser visa (457) in perth… but i got 18 mth visa which will b expire in september… so i have to renew my visa in September… so can you please tell me .. what visa i will get when i
will renew my visa .. will it b still 457 or it will b changed …
Thank you
Hello Rabin – Please email [email protected] or call our office to discuss your options and speak with an agent.
I have already 457 visa . I want to know new rules ll effect me or I ll be eligible for PR after 2 years .
Hi Kuldip – Please email [email protected] or call our office to discuss your PR options.
this is sanjay kachadiya. i been grant this 457 visa in august 2013. but my old employer has sold the business after i worked for him for almost 20 months and i had to find the another employer.
i have some questions about my 457.
my 2 years going to complete in November 2017 and my 457 visa is expiring in august 2017.
i would like you to help me out what should i do for that 2 months time frame. how could i stay in Australia and what visa i can apply for.
looking forward to hear from you.
Thank you
sanjay kachadiya
Hi Sanjay – Please email [email protected] or call our office to discuss your options.
Hello I just wanna ask if we are currently holding a 457 visa and we are 3 years here in Australia and we want to apply PR what is the ielts score need that we need so that we can apply
Thanks and God Bless
Hi Flor – Please email [email protected] and one of our agents will respond directly.
Hi
Can you please let me know that,I recently applied for 457 visa as a cook on 7 April.i am worrying about my future for PR. I want to know what i need to do like
Should i need to withdraw my file?
In june i gonna finish my diploma.
Should i apply as chef once i finish my diploma?
What are the requirements for that?
Can you please suggest me about my qurries?
Thanks
Regards
Munna Raja
Hi Munna – Please email any 457 questions to [email protected] and one of our agents will respond directly.
Hi Munna – Please email [email protected] or call our office to discuss your options.
Please email [email protected] or call our office to discuss your options.
I have studied in system analyst, business analyst and have done professional Year and have already assessed my degree in system analyst and business analyst. I applied eoi with 55+5points in new.
Please provide further options for me towards permanent residency.
Hi Pooja – Please email [email protected] or call our office to discuss your options.
I just want to ask what’s new rules for ENS
as i gonna apply end of this year
Hello – Please email any questions to [email protected] and one of our agents will respond directly.
Please email [email protected] or call our office to discuss your options.
Hi we are family to come here to australia, my concern is our visa Graduate visa! My wife she finish MBA in kaplan and she finish EN Div2 in careers australia this week only and she pass PTE english exam score7 and our youngest Grade 11 in broadmeadows secondary school, what is our future now here in australia? What is better plan? Can you help us because we want to stay here and live with my family. Thank you.
Hello – Please email any 457 questions to [email protected] and one of our agents will respond directly.
Hi sir I applied 457 visa in 2013 but due to some mistakes they granted 12 month and after that I applied again but they refused due to company financially that didn’t satisfy the immigration officer and he refused to grant the visa and put condition to leave the country and applied from overseas but my company owner file the case in MRT and now he won and nomination has been approved and he said they are waiting for case officers will be appointed soon my file is in the system since 2013 but I am worried about the changes of 457 visa is that effect on my case and what is your view please guide me thank you I hope to hear something positive from you thanks
Hello – Please email any 457 questions to [email protected] and one of our agents will respond directly.
I’m on 457 visa as a cook since January 2017 how does it affect me by the recent changes, will I still be able to apply for PR ? I’ve got 4 years of 457 visa. Your help will be much appreciated .
Hi Arjun – Please can you email your query to [email protected] and one of our agents will respond regarding your options.