There is a large number of changes to migration law from July 2017 through to March 2018.
1st July 2017
Partner Visas
Partner Visa Sponsorship changes will not proceed as of the 1st July 2017. The new regulations proposed that partner visa sponsorship applications would need to be lodged under stricter criteria and approved before the overseas partner visa application could be lodged.
The new 2 step process is expected to delay the lodgement of the overseas partner application and require the overseas partner to have a valid visa until a visa application for the overseas partner can be lodged.The bill proposing the new regulations is currently before the Senate and as such has not been enacted. It is likely to not come into effect until 2018.
TSS Program Replaces 457 Visa Program
From March 2018, the current 457 visa program will be abolished and replaced with the new TSS visa program. The TSS visa will be comprised of a Short-Term stream allowing stays of up to two years, and a Medium-Term stream allowing stays of up to four years.
Short-Term Stream
The Short-Term stream is designed for Australian businesses to fill skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced. The Shot-Term stream visa is renewable only once. The STOL occupation list will apply for Short-Term Stream applicants.
Medium-Term Stream
The Medium-Term stream will allow employers to source foreign workers to address shortages in a narrower range of high skill and critical need occupations, where a suitably skilled Australian worker cannot be sourced. Only the Medium-Stream visa holders may renew their visas onshore and may apply for permanent residence pathway after working for three years in Australia. The MLTSS occupation list will apply for Medium-Stream visa applicants.
Tighter Regulations
For both streams tighter regulations will be introduced including:
1st July 2017
Processing Fees
Processing Fees are set to increase in line with the forecasted Consumer Price Index. Visa fees will be indexed annually from July 2017 onwards. Indexation will not apply to the second instalment of visa fees.
Processing Fees are set to increase in line with the forecasted Consumer Price Index. Visa fees will be indexed annually from July 2017 onwards. Indexation will not apply to the second instalment of visa fees.
457 Visa Changes
- Occupation Lists: The STOL occupation list will be reviewed and condensed further.
- English Language Requirements: English language test exemptions for applicants with a salary of over $96,400 will be removed.
- Character: Provision of penal clearance certificates will become mandatory.
Additional Pathway to Permanent Residency for New Zealand Citizens
An additional pathway to Permanent Residency will be available from the 1st of July 2017 for New Zealand citizens who are special category visa holders, have been in Australia for at least 5 years, have arrived after the 26th February 2001 and can demonstrate set annual minimum income levels.
Up to 80,000 New Zealanders are expected to become eligible for Permanent Residency and applications are expected to be capped and queued.
Up to 80,000 New Zealanders are expected to become eligible for Permanent Residency and applications are expected to be capped and queued.
General Skilled Migration Changes
- Reduction of the Maximum Age: The maximum age for the Skilled Independent Subclass 189 visa is set to decrease from 49 to 45 years.
- Revision of Skilled Occupation Lists: MLTSS and STOL occupation lists are likely to be reviewed and some flagged occupations, particularly in the engineering sector are likely to be removed.
- Limitation of Skilled Invitation Numbers: Occupations ceilings indicating maximum numbers of invitations that can be issued to the Skilled Independent Subclass 189 and Skilled Regional Provisional Subclass 489 visa applicants will be released.
- State Sponsorship: Nominated Skilled State Migration programs will reopen. Many occupations are expected to be filled quickly and we recommend applicants to lodge their applications early.
November 2017
New Temporary Sponsored Parent Visas
The introduction of the new temporary sponsored parent visa for bringing in overseas parents of Australian citizens and permanent residents has been postponed to November 2017. 15,000 visas will be made available annually. The visas will be valid for 3 or 5 years at a cost of $5,000 and $10,000 respectively. The new parent visa will be renewable for a combined maximum of 10 years.
December 2017
December 2017
Employer Sponsored Migrants
The DIBP will commence the collection of tax file numbers for current 457 visa holders and other employer nominated and sponsored migrants. The resulting data will be matched with the ATO’s tax records to ensure that visa holders are not paid less than their nominated salary.
The DIBP will commence the publication of details of sponsors sanctioned for failing to meet employer obligations.
Early 2018
Early 2018
Partner Visas
Partner Visa Sponsorship changes will not proceed as of the 1st July 2017. The new regulations proposed that partner visa sponsorship applications would need to be lodged under stricter criteria and approved before the overseas partner visa application could be lodged.
The new 2 step process is expected to delay the lodgement of the overseas partner application and require the overseas partner to have a valid visa until a visa application for the overseas partner can be lodged.The bill proposing the new regulations is currently before the Senate and as such has not been enacted. It is likely to not come into effect until 2018.
We recommend that our clients take advantage of the deferral of the new regulation and lodge their sponsorship and partner visa application prior to the 2018 changes.
March 2018
Pathways to Permanent Residency for Current 457 Visa Holders
Current 457 visa holders will no longer be able to apply for Permanent Residency under the Direct and Employer Nominated Transition Streams if their occupation is no longer on the long and medium term occupation lists. We recommend that current 457 visa holders take advantage of existing transition streams and permanent employer nomination schemes to lodge their application for permanent residency as soon as possible.
TSS Program Replaces 457 Visa Program
From March 2018, the current 457 visa program will be abolished and replaced with the new TSS visa program. The TSS visa will be comprised of a Short-Term stream allowing stays of up to two years, and a Medium-Term stream allowing stays of up to four years.
Short-Term Stream
The Short-Term stream is designed for Australian businesses to fill skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced. The Shot-Term stream visa is renewable only once. The STOL occupation list will apply for Short-Term Stream applicants.
Medium-Term Stream
The Medium-Term stream will allow employers to source foreign workers to address shortages in a narrower range of high skill and critical need occupations, where a suitably skilled Australian worker cannot be sourced. Only the Medium-Stream visa holders may renew their visas onshore and may apply for permanent residence pathway after working for three years in Australia. The MLTSS occupation list will apply for Medium-Stream visa applicants.
Tighter Regulations
For both streams tighter regulations will be introduced including:
- Increased Work Experience Requirements
- Higher English Language Levels Requirements
- Mandatory Labour Market Testing
- Set Australian Market Salary Rates
- Additional Character, Anti-Discrimination and Training Requirements.
Contact Nevett Ford Lawyer today for specific advice regarding your visa situation.
