Australia Department of Immigration provides update on the 457 visa, PR and TSS Visa
On 29 September 2017, Australia Department of Immigration provides update on the 457 visa, PR and TSS Visa and some upcoming changes to skilled visa programs.
When are the next changes to the lists of eligible skilled occupations?
Lists of eligible skilled occupations will be reviewed every six months, with updated list of occupations expected to be published in January 2018.
Caveats – bakers and pastry cooks
Positions in franchises or factories are not automatically excluded by the caveats on Bakers (ANZSCO 351111) and Pastry Cooks (ANZSCO 3511132).
Such positions will, however, be impacted by the caveat where a decision-maker assesses that the particular position involves mass or standardised production.
Lodgement of incomplete applications
Lodging incomplete applications can be detrimental to applicants as the Department is not compelled to request further information prior to making a decision on an application.
Informing the Department post-lodgement that the application is incomplete will not necessarily result in a request for further information. To ensure that an application can be processed as quickly as possible, all required supporting documents should be provided and attached to applications via ImmiAccount at the time of lodgement.
Allocation time frames
Generally, permanent skilled applications will be allocated in order date of lodgement. However from time to time the Department will allocate newer applications for assessment for pipeline management purposes.
Impact of recent occupation list changes
Occupations available for RSMS DE are currently unchanged.
Reminder regarding evidence of LMT
Nomination applications lodged on or after 1 October 2017, are required to provide additional evidence under policy in order to satisfy the Labour Market Testing (LMT) requirement.
The current Domestic Recruitment Table (DRT) will no longer be accepted as sufficient evidence under policy of having tested the Australian labour market.
English requirements
As of 1 July 2017, subclass 457 visa applicants are exempt from English testing if they:
- are employed by a company operating an established business overseas; and
- are nominated by this company or an associated entityof that company; and
- will receive a base rate of pay of at least AUD $96,400.
Applicants who meet the above requirements are exempt, regardless of whether they are sponsored by an Australian business or an overseas business.
Important:
Ensure that supporting evidence is clearly identified and explained in your written statement.
It is recommended that you attach a comprehensive written statement outlining how you determined the market salary rate, particularly if:
- the nominee’s salary is AUD$65,000 or less;
- the nominee’s salary package contains significant allowances and/or non-monetary benefits; and
- the market salary evidence presented reflects a wide range of salary data, with potentially inconsistent information.
- Currently transitional arrangements for being clarified and finalised with substantial update expected to be provided in the coming months which is welcoming news;
- TTS forms are not yet available and DIBP is seeking suggestions on how these should look. Suggestions can be emailed here: 457management@border.gov.au.
March 2018 update
Advice on transitional provisions
From March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence.
New TSS forms for March 2018
A new TSS visa means new online forms. If you have suggestions about how the online forms could be improved, email at: 457management@border.gov.au.
For further information regarding update on the 457 visa, PR and TSS Visa and some upcoming changes to skilled visa programs, please get in touch with our migration team at info@australasiaeduconnect.com.au or visit us at www.australasiaeduconnect.com.au.
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