18 March 2018
From 18 March it is no longer possible to apply for a 457 Temporary Skilled Work visa, or apply for 457 Sponsorship or lodge a 457 Nomination. The new 482 Temporary Skills Shortage visa commenced on 18 March and replaces the 457 category. Read more about the changes on the DOHA website here:
http://www.homeaffairs.gov.au/trav/work/skilledvisas
An overview of changes:
Occupation Lists
- MLTSSL: the short list of most in demand occupations. Eligible for 4 year visas, and for permanent residence options
- STSOL: longer list of occupations which are eligible for a TSS visa valid for up to 2 years
- Regional Occupations ROL: list of occupations which are eligible for a TSS only if the position is in a regional postcode. Also eligible for the permanent RSMS visa
There have been no changes to the MLTSSL or STSOL, but occupations have been added to the Regional list. This means that some occupations which were not eligible for 457 visas may be eligible for a TSS visa if the position is located in a regional area.
Duration As was the case from July 2017, visas are limited to a maximum of 4 years for occupations on the MLTSSL, or 2 years for occupations on the STSOL. Exemptions apply to allow STSOL occupations to be granted for 4 years where International Trade Obligations apply, such as Free Trade Agreements.
Renewal Visas in the MLTSSL stream may be renewed indefinitely while the occupation remains on this list. Visas for STSOL occupations can only be renewed once onshore. Subsequent renewals may be made for STSOL occupations from offshore but this may impact on claims the applicant is a Genuine Temporary Entrant. The applicant must demonstrate that they do not intend for their stay in Australia to be permanent.
Labour Market Testing New requirements will mean sponsors must demonstrate at least two advertisements on:
- National recruitment website
- National print media
- National radio; or
- If an accredited sponsor, on their website.
Social media (such as LinkedIn or Facebook) and other websites are not acceptable.
Skills and Experience Applicants must have the skills or qualifications outlined in the ANZSCO occupation to qualify. In addition, applicants must have at least 2 years’ full-time work experience in the occupation. Skill Assessment requirements remain largely as before, and include specified trades for specified nationalities as well as the occupations of ‘Project or Program Administrator’ and ‘Specialist Managers Not Elsewhere Classified’.
English Applicants for the MLTSSL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 5.0 in each stream.
Applicants for the STSOL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 4.5 in each stream.
Exemptions apply where applicants have studied a requisite amount in English, obtained licensing which requires evidence of a greater level of English, are paid a base salary of $96,400 per annum plus super and are employed by an overseas business, or have a passport from the UK, USA, Canada, New Zealand or the Republic of Ireland.
Character All applicants aged over 16 need to demonstrate good character by providing a police clearance from each country they have lived in for more than 12 months in the last 10 years.
Family Members Only dependents under 23 can be included.
Fees There has been a small increase in visa application fees for 2-year 482 TSS visas in STSOL occupations to $1150 per adult applicant. The fee for MLTSSL occupations is now $2400 per adult applicant. Partners pay the same fee.
Changes to Permanent 186 and 187 visas
- All occupations must be on MLTSSL for both categories
- Age <45 unless eligible for an exemption
- 3 years work experience for both categories (not previously required for 187) including TRTS stream
- IELTS 6.0 (both categories and all streams) unless eligible for an exemption
- Skilling Australia Fund levy (SAF) must be paid by employer – $3000 for small businesses and $5000 large businesses (turnover > $10 million)
- Grandfathering provisions apply to 457 holders or applicants on or before 18 April 2017. They can apply under the TRTS stream of 186 or 187 visas even if occupation not on MLTSSL, age < 50, with 2 years work experience and no caveats apply