Changes to the Subclass 457 Visa program

Temporary Skill Shortage Visa (TSS visa) The Temporary Work (Skilled) (subclass 457) visa will be replaced with the completely new Temporary Skills Shortage (TSS) visa in March 2018.   Occupation lists: The occupation lists that underpin the 457 visa have been significantly condensed from 651 to 435 occupations, with 216 occupations removed and access to 59 other occupations restricted. The Consolidated Sponsored Occupation List (CSOL) is renamed as Short-term Skilled Occupations List (STSOL) and will be updated every six months based on advice from the Department of Employment. The other occupations list used for skilled migration, the Skilled Occupations List (SOL) is renamed as Medium and Long-term Strategic Skills List (MLTSSL).   Validity period: The maximum duration of 457 visas issued from this date for occupations that are on the STSOL will be two (2) years with an optional two-year extension allowed only once. Occupations on the MLTSSL will continue to be issued for a maximum duration of four (4) years.   Residency: The two-year short-term visa program will offer no prospect of permanent residency. The four-year medium-term visa holders will be able to apply for permanent residency if certain preconditions are met.   English Requirements: The four-year visas will require a higher standard of English language skills; a minimum of IELTS 5 (or equivalent test) in each test component. English language exemption salary threshold, which exempted applicants whose salary was over $96,400 from the English language requirement, will be removed.   Training benchmarks: Policy settings about the training benchmark requirement will be made clearer in legislative instruments. Training requirement for employers to contribute towards training Australian workers will be strengthened. Please ensure that your clients keep meeting this obligation (training benchmark A or B) as this is expected to be more carefully monitored.   Character: Provision of penal (police) clearance certificates will become mandatory.   Work Experience: Two-years work experience will be required for both visas.   Other documentation: In the majority of cases, mandatory Labour Market Testing (LMT) will be required, unless an international obligation applies. Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT) requirements. A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.   Application fees $1150 for two-year visa and $2400 for four-year visas apply   Applications already lodged: 457 visa applicants that had lodged their application on or before 18 April 2017 with an occupation that has been removed from the STSOL, and whose application has not yet been decided, may be eligible for a refund of their visa application fee. Nominating businesses for these applications may also be eligible for a refund of related fees.

 

Please contact us for further clarity about how the changes may affect sponsorship, nomination and visa applications.

 

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Visa Cancellations and Delays

 

As a result of a concerted and ongoing campaign by the Department of Immigration to cancel visas of persons it believes to be serious criminal offenders, there is now a very large backlog of persons in immigration detention awaiting news of their ultimate fate.

 

Once a visa is cancelled by the Department there is in most cases a right to seek a revocation of that decision, and because of the large numbers of cancellations that have been made there is a correspondingly large number of revocations being sought with the result that significant delays in processing are being experienced.

 

A recent report in The Age newspaper (10 January 2017) indicated that the number of people deported from Australia because of serious criminal convictions has increased more than tenfold since 2014 – with a huge spike in the number of New Zealanders being sent home.

 

The same report indicated that the Commonwealth Ombudsman has recently concluded an investigation into the treatment of persons who have had their visas cancelled and found serious delays in deciding revocation requests meant former prisoners were spending long periods in the above in immigration detention. Not surprisingly, a spokesman for the Minister said the government made no apologies for strengthening deportation laws to ‘further protect the Australian community’.

 

When making a revocation request to the Department it is necessary to carefully consider what information will be included. Issues such as whether there are children or other family members in Australia whose interests will be affected need to be carefully canvassed and focused submissions need to be prepared in a clear and cogent way.

 

While it seems that there will be no relief in terms of delays in processing, persons seeking revocation of a cancellation know that they will have ample time in which to prepare proper submissions and should use this time to their best advantage.

 

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Australian Permanent Residency - 'probabtion period' proposed

Visa changes could put migrants on ‘probation’ before being granted permanent residency

Fairfax Media recently published leaked sensitive papers which reveal possible changes to put migrants on probation before being deemed fit for permanent residency and Australian citizenship.

The leaked papers were prepared for a meeting between the Department of Social Services and the Department of Immigration and Border Protection and state how the Turnbull government hopes to save money by delaying welfare and benefits to migrants, such as social security payments which become accessible once permanent residents are granted Australian citizenship.

The changes would involve the creation of a new category of migrants, referred to as ‘provisional migrants’. If the changes were to go ahead, moving existing visa holders to the new category would make it more difficult to obtain a direct pathway to permanent residence and subsequently, Australian citizenship.

“This proposal has the potential to fundamentally change access to social security payments for newly arrived migrants, who already serve a waiting period before access to government services,” the document notes.

The leaked papers also discuss the national security committee and cabinet discussions over the proposal’s potential flaws. It warns that reduced access to social security could be in breach of international obligations and that the reforms could create double standards by treating migrants differently to Australian-born residents. It also questions whether the savings will be as significant as The Department of Immigration and Border Protection expect.

Source: SBS News and Sydney Morning Herald.

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Australian Government to reassess permanent skilled migration rules

The Productivity Commission has proposed changes in a report to the Australian Government, which could significantly change the way Australia chooses its migrant intake.


Some of the major recommendations include reducing the age limit for skilled applicants wanting permanent residence, and providing more points for the skills and traits of secondary adult applicants.


Here are the main recommendations proposed by The Productivity Commission:


Reduce the age limit

• Reduce the current age limit of 50 years old for permanent migration under the skill stream, while retaining exemptions to the age rule for particularly skilled applicants.
• Younger visa applicants to receive greater weighting in the points-based system.

Use of the Skilled Occupation List for all permanent migration applications

• The Productivity Commission stated the Skilled Occupation List (SOL) should be used to determine skill requirements in all cases, including different streams of the permanent skilled and those transitioning from a temporary visa
• Undertake a pilot scheme that acknowledges skills which may not be occupationally specific, and more closely assesses occupations that are difficult to allocate to a certain skill level.

Changes to the points-tested system

• Maximum extra points to be given in cases where no secondary applicants are included
• More points to be provided based on the skills and traits of secondary adult applicants
• Use of the points system for the entire permanent skill stream, with points to be gained for employer-sponsored visa applications. Currently, the selection criteria is different for skilled migrant intake and ’employer-sponsored’ applicants.

Secondary applicants to undertake more assessments

• Partners and adult children to be assessed on their English ability, work skills, age and education in addition to current assessments.

The Department of Immigration and Border Protection told SBS the government was considering the Productivity Commission’s recommendations and would respond “in due course.”


SOURCE: SBS


Nevett Ford Lawyers can assist with all Australian visa enquiries and application on your behalf.  Contact us today for more information and to see if you may be eligible.

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Move to Australia

It appears the uncertainty surrounding the election result in the United States has caused people to consider moving to Australia as a stable alternative. A similar reaction occurred in the UK after the Brexit decision.


Australia offers a number of opportunities to live and work, with a variety of visa options available. Skilled migration intakes depend on the applicant’s skills and qualifications and whether these are recognised by the Australian Government as filling state skill shortages.


Nevett Ford Lawyers Melbourne can assist with all Australian visa enquiries and applications on your behalf.  Contact us today if you would like to know if you're eligible to migrate.

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