457 Visa to be Abolished - Replaced by TSS Visa from March 2018!!
Prime Minister Malcolm Turnbull has announced the Coalition is abolishing the 457 visa system, which will be replaced with two new classes of visa - STSOL & MLTSSL.
Changes to the occupations list for 457 visas will come into effect from 19 April 2017 - up to 200 occupations has been removed from the occupation list.
The main points are as follows:
1. Occupations List
From 19 April 2017, a shorter list of occupations will be allowed for the 457 visa - some sources suggest that up to 200 occupations will be cut.
We would expect that the shorter list would also apply to the new TSS visa.
A change to the approved list for 457 visas could also impact on the ENS direct entry visa, the Occupational Trainee Stream of the Training Subclass 407 visa, and state nominated General Skilled visas (ie the Skilled Nominated Subclass 190 and Skilled Regional Provisional Subclass 489 visa).
2. Work Experience
A minimum of 2 years of work experience will be required to meet the requirement for the visa. The skill level for a 457 visa can currently be met without any work experience, providing the applicant has relevant qualifications.
This change will impact significantly on those without work experience in the occupation - particularly international students completing studies in Australia.
3. Labour Market Testing
Labour Market Testing would require employers to show that they have advertised the position to be filled and show that a local is not available to fill the position.
Currently, Labour Market Testing is only required when nominating trade occupations, nursing or engineering occupations for a 457 visa. The announcement indicates that Labour Market Testing will be required in all cases when applying for a TSS visa, except when exempted by international trade agreements.
If Labour Market Testing is required in most cases when applying for a TSS visa, this could significantly delay lodgement of the visa application - particularly important when filling an urgently required role or where the applicant's visa is expiring.
4. Visa Period
There will be 2 streams for the TSS visa - a short-term stream of 2-years and a medium-term stream of 4-years.
The short-term stream can only be renewed only once. The medium-term stream is likely to have higher requirements (eg English language ability, shorter occupations list) and can be renewed or may also lead to a permanent visa.
5. Police Clearances
Police clearances will be required for the TSS visa. Depending on the country of residence, these can take several months to come through. Police clearances are not required for 457 visas, unless the applicant has a criminal record.nal record.
457 Visa Processing Time
4 - 9 months
has a criminal reco