Abolition and replacement of the Australian Temporary Work (Skilled) Visa – subclass 457 visa

Ross KoffelPrincipal, Koffels Solicitors & Barristers

What has happened?

Have you missed the boat?!  Are there other answers to the problem?

Reforms to Australia’s temporary employer sponsored skilled migration programme were announced on 18 April 2017, with its operation beginning immediately.

The major change is the abolition of the “457 visa” (Temporary Work visa), which previously allowed a skilled worker to travel to Australia to work in their nominated occupation, for their approved sponsor for up to four years. The 457 visa will be replaced with the Temporary Skills Shortage (TSS) visa in March 2018.

Current 457 visa applicants, prospective applicants, businesses sponsoring skilled migrants and industry are being affected by the recent changes. Changes effective from 19 April 2017 include:

  1. 216 occupations have been removed from the revised occupation lists with restricted access to certain occupations;

 

  1. The Consolidated Sponsored Occupation List (CSOL) has been renamed as the new Short-term Skilled Occupations List (STSOL), and is subject to review and update every six months;

 

  1. The Skilled Occupations List (SOL) has been renamed as the new Medium and Long-term Strategic Skills List (MLTSSL) for higher skills; and

 

  1. For 457 visa applications received prior to 19 April 2017 and not yet processed, the maximum duration of these visas, issued for occupations that are on STSOL, will be two years (Short-Term Stream). Occupations on the MLTSSL will be issued for a maximum of four years (Medium-Term Stream).

Previously, 457 visa holders were eligible to apply for a permanent residency after two years. Under the new changes, visa holders on Short-Term Stream will no longer be eligible for permanent residency after two years.

The new TSS visa eligibility criteria will include additional requirements such as relevant work experience of two years, mandatory provision of penal clearance certificate from visa applicants and workforce testings for nominating businesses.

If you have lodged your application for 457 visa on or before 18 April 2017, which has not yet been decided, with an occupation that has been removed from STSOL, then you need to consider if you have any alternative visa pathways.

Koffels are highly experienced in visa applications, and Ross Koffel is a registered Migration Agent, (No. 0006391) 

Stella Park

Solicitor