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AUSTRALIA – Changes Taking Effect 1 July 2017

Several previously announced changes to Employer Sponsored temporary and permanent visa programmes came into effect on 1 July 2017.

The changes (which we originally covered here and here) and a brief explanation of the impacts are provided below.

Temporary Work (Skilled) Subclass 457 Visas

There have been several changes to 457 visas including:

  • Training Benchmarks: more restrictions on training which is acceptable for 457 sponsorships and ENS nominations, as well as the calculation of payroll expenditure for these benchmarks;
  • New 457 Occupations Lists: new occupations lists apply to 457 visas with many occupations returned to the eligible list. A few have been removed entirely from the approved lists, while others have been transferred between the MLTSSL and the STSOL lists. Companies will be relieved to hear that both Chief Executive or Managing Directors and Corporate General Managers are now back on the four-year list with the option of applying for permanent residence;
  • English Language Exemption: previously, applicants with base salary of $96,400 were exempt from English language testing. From 1 July, the high salary exemption will only apply where the applicant is already working for an associated entity of the sponsor overseas;
  • Skills Assessment for trade occupations: formal skills assessments are now required for more trades and passport countries;
  • Police Clearances: police clearances will be required for 457 applications lodged on or after 1 July 2017;
  • Accredited Sponsorship Expanded: accreditation gives priority processing to 457 nominations and visas. Previously, it was only available for "high volume" sponsors who lodged at least ten 457 visas in the last 2 years. From 1 July, "low volume" sponsors will also be able to be accredited providing they have minimum turnover of AUD 4 million and have at least 90% Australian staff.

Permanent Employer Sponsorship (ENS and RSMS)

For the Direct Entry stream of both ENS and RSMS, the following changes were made:

  • New eligible occupations list for ENS Direct Entry (the RSMS list is essentially unchanged);
  • Under 45 years of age for applications lodged on or after 1 July 2017;
  • Removal of English testing and skills exemption for people with a base salary of at least $180,000 - this change affects applications lodged on or after 1 July 2017, or prior to this if they are still undecided;
  • Higher English requirement: Competent English is required for applications lodged on or after 1 July.

For the Temporary Residence Transition (TRT) stream, the changes were;

  • Higher English requirement: Competent English is required for applications lodged on or after 1 July;
  • Genuine Position: Employers must now show that there is a genuine need for a paid employee in the position - similar to the Direct Entry stream.

Fee Increases

Department of Immigration fees were increased by 2% for most application types. This affects the first Visa Application Charge (VAC) for both the main applicant and any dependent family members.

This news alert was prepared using information provided by Visa Executive and Newland Chase

Peregrine builds software and provides consultancy and training for global immigration management.

Our sister company Newland Chase, a CIBT company, provides specialist immigration services worldwide.

CIBT is a world leader in short-term outbound visa requirements for expats and businesses.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.