Employer Sponsorship (457 Visa) Update

Employer Sponsorship – Update 15 January 2018

Since the Government’s announcement on 19 April 2017 there have been a number of changes to the employer sponsored program, with more to take effect as early as January 2018 and in early March 2018.

The relevant legislation hasn’t been released but, Immigration recently issued their January Skilled Visa E-news to help understand some of these arrangements.

New Occupations Lists from January 2018
Immigration have indicated the changes to employer sponsored occupations lists for temporary and permanent skilled visas will be introduced around 17 January 2018.
We have been advised these changes will not impact undecided applications, providing they were lodged before the change takes effect. Given the severe impact similar changes had to temporary residents last year, this is a welcomed approach.

Further information is expected to be released in the coming days.

457 Visas Replaced by TSS Visas from March 2018
The 457 Visa will be replaced by the Temporary Skill Shortage (TSS) Visa in early March 2018.
TSS Validity Period
Currently, a 457 visa granted on or after 19 April 2017 is valid for:
Up to 2 years if the nominated occupation is on the Short-Term Skilled Occupation List (STSOL), unless exempt by an international trade obligation), or
Up to 4 years if the nominated occupation is on the Medium to Long-Term Strategic Skilled List (MLTSSL)
This arrangement will continue when the TSS is introduced.

Police Clearances
In July, Immigration introduced the requirement for 457 applicants to provide police clearance certificates for each country they spent more than 12 months in. This will continue with the TSS Visa.
Labour Market Testing
In March 2018, Labour Marketing Testing (LMT) will be required on all TSS applications where international trade obligations don’t apply. Currently, LMT applies when nominating trade, nursing, or engineering occupations.
If LMT is introduced for all cases, this could delay the lodgement of a TSS application and impact the Sponsor’s ability to urgently fill their vacant position.

Further details on the TSS including streamlined initiatives for processing applications will be announced by Immigration in February.

Employer Sponsored Permanent Residence
In March 2018, further changes are planned for employer sponsored permanent residence as outlined in our article 14 November 2017.
In Immigration’s January Skilled Visa E-news they advised the transitional arrangements, or grandfathering provisions, for certain 457 visa holders and 457 applicants as at 18 April 2017, were subject to final approval.

More details are to be announced in February.

Conclusion
Many are unsure whether they should use a Migration Agent to lodge their visa application.
Since 19 April 2017, obtaining an employer sponsored visa has become more complex and slower than was previously the case. More changes are in the pipeline and much of the information circulating about Immigration’s announcements may be confusing.

Employers should also be aware of upcoming changes in January 2018 and March 2018 and where possible, applications should be lodged before these critical dates to ensure that the impact of the changes is minimised.

MY VISA ONLINE can assist with ensuring that an employer sponsored visa is lodged prior to any critical dates. We can also ensure that it is lodged as a “decision ready” application, and so can be processed as quickly as possible.

If you are an employer and would like advice on sponsoring staff, please call our consultant on 03 9670 1010.

If you are looking at your own visa options and want to know more about the changes to employer sponsorship, please book a consultation at MY VISA ONLINE. As always we are HAPPY TO HELP.

ACS Recognition Application

The following changes will come into effect on 1 July, 2014.

The ACS Recognition Application is now incorporated within the four current ACS skills assessment application types:

Temporary Graduate 485
Post Australian study Skills Assessment
General skills assessment
Recognition of prior learning
The ACS Recognition Application is a redundant assessment type as of 1 July, 2014 and no longer valid for migration purposes.

In recent years the ACS has conducted fewer than 50 ACS Recognition Application assessments annually. Further information about ACS Migration Skills Assessments is available at Migration Skills Assessments

http://www.acs.org.au/migration-skills-assessment/news-and-updates

The work experience or professional year program is assessed for suitability of the full skills assessment

The following changes will come into effect on Jan 15, 2014:


•    The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application.  Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

•    Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

•    The ACS Post Australian Study Skills Assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

•    The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

•    The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree.  The Post Australian Study Skills Assessment can be used for migration purposes in general. 

 

Temporary Graduate – 485 Skills Assessment Criteria

  • This skills assessment can only be used to apply for a subclass 485 visa.
  • You will require to have competed an Australian Bachelor degree or higher with a major in ICT which is closely related to the nominated occupation (ANZSCO) to meet the suitability criteria. 


Post Australian Study Skills Assessment Criteria

  • This application is only if you have completed an Australian Bachelor degree or higher and wish to apply for a permanent residence visa.
  • You will require an Australian Bachelor degree or higher with a major in ICT which is closely related to the nominated occupation (ANZSCO) plus one of the following requirements for a suitable skills assessment:
    • 1 year of relevant work experience completed after the completion date of the relevant degree, or
    • Completion of an ACS Professional Year Program.

New ACS Skills Assessment Criteria

The Australian Computer Society has just released the following information about changes to its Graduate Skills Assessment Application Process.

Graduate Skills Assessment Application Process Changes

The ACS is choosing to implement the changes effective from January 15, 2014, (instead of October 28, 2013) which will provide certainty to those studying courses that are scheduled for completion in the final months of 2013.

The implementation of the ACS graduate application changes will ensure applicants are being assessed in line with the Migration Amendment (Skills Assessment) Regulation 2013 changes announced by the Department of Immigration and Border Protection to take effect on Oct 28, 2013.

The ACS is committed to providing a robust assessment service that accurately identifies an applicant’s ICT skills and their compatibility with the skills that the Australian Government has identified as being in shortage.  To aid clarity and enhance consistency, the ACS has reviewed the current suitability criteria for applicants with an Australian study component in their skills assessment.

The following changes will come into effect on Jan 15, 2014:

•    The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application.  Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

•    Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes. 

•    The ACS Post Australian Study Skills Assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

•    The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation. 

•    The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree.  The Post Australian Study Skills Assessment can be used for migration purposes in general.

Australian Computer Society (ACS) Skills Assessment Review

The following information is for General Skilled Migration (GSM) visa applicants who:

lodged their application on the basis of a skills assessment by ACS in the Australian Standards Classification of Occupations (ASCO) occupation of Computing Professionals NEC prior to 1 July 2010 and

subsequently sought a further skills assessment (this may be known as a review, a revalidation or a new skills assessment) from the ACS to determine their skilled occupation under Australian and New Zealand Standard Classification of Occupations (ANZSCO).
ACS allows applications for further skills assessments following the announcement of the Skilled Occupation List (SOL) in ANZSCO that came into effect on 1 July 2010. The review is offered by ACS in light of this change to determine if the materials submitted for the original skills assessment could receive a skills assessment for an occupation classified under ANZSCO.
Posted in ACS