Government announces end to 457 visa programme

So, there is a flurry of activity and concern regarding the changes to the popular 457 visa programme. On 19 April 2017, the Government announced that the 457 visa will be abolished … from March 2018 … and will be replaced by a new TSS visa which will comprise the Short-Term (2 years) and Medium-Term stream (4 years) visa streams.

Whilst the changes create a few more hoops to jump through towards PR, we at Ujvari Lawyers believe there is no cause for great concern for employers, visa applicants or current 457 visa holders.

The Prime Minister, Malcolm Turnbull, and Minister for Immigration, Peter Dutton, confirmed that existing 457 visa holders (as of 18 April 2017) will still be able to apply for a Permanent visa and will not be affected by the changes.

Here is a quick summary of the new 457 visa changes:

• Some 457 sponsorship, nomination or visa applications that are NOT listed in the relevant Legislative Instrument and NOT decided by 18 April 2017 will no longer be able to be approved. Refund of DIBP application fees may be available.
• Any new 457 applications lodged from 19 April 2017 onwards will require occupation to be nominated from the new STSOL or MLTSSL occupation lists.
• If applied for a 457 visa before 18 April 2017 and it is granted after that date for an occupation not on the MLTSSL, then the visa can only be granted for 2 years. There will be one (only) further extension allowed after that for another 2 years. You will not be allowed to apply for a permanent 186/187 visa under an occupation that not on the MLTSSL.
• If you are granted a 457 visa after 18 April 2017 off the MLTSSL list, it can be granted for 4 years. You will be able to be apply for a permanent 186/187 visa after 3 years on a 457 visa if that company decides to nominate you.
• From March 2018 the new TSS visa will have replaced the 457 visa. You will need to have 2 years work experience before applying and your occupation will have to be on the STSOL or MLTSSL lists. If you are on the STSOL list you will also have to show you only want to stay in Australia temporarily.
• From March 2018 you need to have your occupation on the MLTSSL occupation list to apply for company/employer sponsored permanent residence. You will also need to commit to working for the company for 3 years, have an IELTS of 6+ and be under 45 years of age.

Some consequences of the changes:

• For example, occupations such as cook and restaurant manager are on the STSOL list. While you can still be sponsored for 2 years by a restaurant on the 457 visa and gain another 2 year extension, you can no longer apply for a permanent visa unless those occupations are added to the MLTSSL list for you being in a designated regional area.
• Most student graduates will not be eligible for temporary or permanent company sponsorship after March 2018 as they require at least 2 years FULL-TIME WORK EXPERIENCE first.

Ujvari Lawyers can assist visa applicants and employers to prepare and lodge applications.