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.

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.

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