
457 Visa for Australia scheme changes
457 Visa for Australia scheme changes https://www.mondaq.com/australia/x/587866/work+visas/Changes+to+the+457+Visa+scheme
Mr Malcolm Turnbull, the Prime Minister of Australia, and Mr Peter Dutton, the minister for the Department of Immigration and Border Protection, made an announcement on the 18th of April that the 457 visa scheme is going to be abolished and replaced by March of next year, with the new Temporary Skills Shortage (TSS) visa.
Employers will still be able to sponsor foreign workers on a 457 visa until March of 2018. Effective the 19th of April 2017 however, the occupations that were made available for sponsorship have been whittled down to 435 occupations from the original 651 number. All in all, 216 occupations were taken out of the list and another 59 occupations have been further restricted.
Furthermore, these occupations have been divided into 2 lists: The Medium and Long-Term Strategic Skills List (MLTSSL), and the Short-term Skilled Occupation List (STSOL). Occupations that fall under the MLTSSL can be granted 457 visas up to 4 years, and can eventually lodge an application for permanent residency after 3 years (originally 2 years under the laws prior 19 April 2017). For occupations falling under the STSOL, 457 visas can be obtained for up to 2 years only. Owners of the said visa will no longer be provided with the option to submit an application for permanent residency.
This can only mean that the number of workers on 457 visas who can make use of the 457 visa scheme as a stepping stone to permanent residency and Australian citizenship, is going to be significantly reduced. It will only be made available to those who have their occupations listed under the MLTSSL.
Given its retroactive implementation, this very controversial change is no doubt going to affect 457 visa applicants who presently have pending applications not yet processed by Australia’s Immigration Department.
So if you’re a 457 visa applicant, what’s going to happen to your application?
Those who have already been granted a 457 visa are not going to be affected by these changes and will go on to stay in the country under the old terms of their current 457 visa. However, for those who have submitted their 457 visa applications with the DIBP, a number of things need to be taken note of:
- For individuals who have their occupations listed under the MLTSSL, there still is a chance for them to be granted a 457 visa with a validity of 4 years
- For individuals who have occupations on the STSOL, their 457 visa will most probably be granted with a validity of only up to 2 years
- For individuals whose occupations have been taken out of the list completely, they are encouraged by the Department of Immigration and Border Protection to withdraw their visa application completely and subsequently apply to get a refund.
Why were these changes made?
The TSS visa is going to be a part of the Australian Government’s plan to strengthen both its temporary and permanent employer sponsored skilled migration programmes. These changes are put in place to make sure that Australian workers are given top priority when occupations are made available, with businesses eventually being only able to temporarily access critical skills from overseas workers.