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Abolition of 457 visa and the new Temporary Shortage Skilled (TSS) visa

Loss of 457 visa a blow to many applicants. What does the future hold?

14 May 2017. Dessie Hristova

Everyone is talking about the changes in the immigration policy that were announced by the Australian Federal Government just after our Easter break.

 

These changes had direct effect on all pending Temporary work visa applications in the 457 program with 216 occupations being removed and many other occupations being subject to new requirements through caveats. The applicants awaiting a decision on their visas who were eligible for the approval of the 457 visa applied for are no longer eligible and their visas unless withdrawn will be refused.

 

Those awaiting on a decision who are nominated in an occupation from the Short Term Skilled Occupation List will get a two year visa instead of the anticipated 4 year visa.

 

The indirectly affected are holders of 457 visas who are in Australia working for an Australian employer who had plans to apply under the Temporary Residence Transition stream of the Employer Nomination Scheme subclass 186 visa. Only those 457 visa holders who have an occupation on the Medium to Long Term Skilled Occupation list would have access to this pathway post March 2018 and after three years of work with their sponsoring employer.

 

Others may have options for State or Territory Sponsored migration or a pathway to the Regional Sponsored Migration Scheme if they can find employers in regional areas. However, many of them will be looking at a Temporary Shortage Skilled (TSS) visa for a period of two years.

 

Furthermore, the government is considering applying a visa condition which only allows for one or two renewals and requires these visa holders to return home for a certain period of time before applying for another Australian work visa.

 

There are no regulations on the new TSS visa therefore it is only voicing the intention of the Federal Government at this stage. It is abundantly clear that there will be significant distinction between the temporary and the permanent work visas and that the temporary work visas would not necessarily be a pathway to permanent work visas.

 

If you would like to know more about the changes and your options please complete our webform and Sam or Dessie will get back to you for a 15 minute chat. Alternatively, book a one hour consultation to discuss the specifics of your case and receipt of advice on your unique circumstances.

 

*** 12 October 2017 update: See our blog

Unsettling changes continue for 457 visa holders. But there are options before and after TSS visa arrives - though you may need to act soon

***

 

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