Big changes ahead (again)

Happy New Year everyone!! 

I hope you all had a relaxing break over the holidays. 
As I’m sure you are aware last year was a difficult time for many people wanting to apply for visas in Australia. Changes to many types of visas have made it very difficult for most people to find an option to stay. Below I have outlined some of the changes in summary form. 

Updated Occupation Lists

Updates to the occupation lists for temporary and permanent skilled visas took effect today 17 January 2018.

Good news for the three occupations below, which were previously unavailable on either list, will be added to the Short-term Skilled Occupation List (STSOL)

• Property Manager
• Psychotherapist
• Real Estate Representative

Good news for the two occupations below as they will be moved from the STSOL to the Medium and Long-term Strategic Skills List (MLTSSL): 

• Horse Breeder
• Management Consultant

Bad news for the two occupations listed below will be completely removed from the lists of eligible skilled occupations for all skilled visa programs on 17 January 2018.

• Building Associate    
• Hair or Beauty Salon Manager

​Also new/amended requirements (caveats) for employer sponsors visa will apply for a number of other occupations. Including a minimum salary of $90,000 base for Recruitment Consultants to be sponsored.  

For more information please click on the link below:
 
Summary of 17 January 2018 changes to the lists of eligible skilled occupations
​

457s to be refused if incomplete

• The subclass 457 processing network is implementing a revised approach regarding managing incomplete applications to reduce processing times for complete applications.
• These new arrangements will commence on 15 January 2018 and will involve refusing applications assessed as not meeting a legislative requirement at the initial assessment stage. 

New Temporary Skills Shortage Visa (TSS) is coming!!

The new TSS visa is being introduced in March 2018. There will be 3 streams available. 

• Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years.

 

• Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with eligibility to apply for permanent residence after three years

 

• Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.

Transition from subclass 457 to TSS

• Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program.
• If subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
• If a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become 'redundant' as subclass 457 nominations cannot be linked to TSS visa applications, even where the nomination has already been approved.

Permanent Visa Changes for March 2018 (ENS 186/RSMS 187)
​

• the nominee's occupation will need to be on the Medium and Long-term Strategic Skills List (MLTSSL) unless their employer is in a regional area, in which case additional occupations will be available or transitional arrangements apply.
• Employers will be required to pay the Australian market salary rate and meet Temporary Skilled Migration Income Threshold (TSMIT) requirements. (currently $53,900/year)
• the eligibility period for the Temporary Residence Transition (TRT) stream will be extended from two to three years
• at least three years' work experience relevant to the particular occupation will be required
• under 45 years at time of application
• sponsors will be required to pay a contribution to the Skilling Australians Fund (SAF) at nomination stage
• Note if you held (or lodged) a 457 visa before 18 April 2017 you may be still eligible to apply for PR through the transitional arrangements. 

My thoughts
 
Lets hope these drastic changes do not affect the long-term health of the West Australian economy. The effects of the removal of the RSMS visa from Perth last March has dramatically reduced students desire to stay in WA. The changes above will again limit their ability to gain residency in Australia.  Many overseas students I have spoken to are now starting to move to other states and some are looking to leave Australia permanently to study in other countries such as Canada.  Australia is a fantastic country that has grown on the back of always welcoming overseas migrants.  My hope is that when the government starts to see the financial effects on the economy of these changes they will be forced to introduce more options for people to stay and call Australia home.
 
That’s all for now.
 
If you have any questions related to the changes please do not hesitate to get in touch.
 
Andrew EP McAuley
[email protected]
0416 468 333
​