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The latest immigration and visa news for the USA, Canada, Australia, New Zealand, Ireland, and select European countries - straight from the leading immigrant advocates in the Philippines.

When Australia's New Rules on Temporary and Permanent Residency Visas take effect

Knowing where to go, how to get there and having a clear idea of how long your journey would be are essential ingredients for a migrant's journey. For skilled migrants wishing to migrate to Australia, here's the timeline.

Crispin ArandaOriginally posted on April 20, 2017; updated April 20, 2017

When Australia's New Rules on Temporary and Permanent  Residency Visas take effect

When Changes Take Effect

From 1 July 2017, for the existing 457 visa (Temporary Work Visas)

Occupation lists: The STSOL (previously the Consolidated Skilled Occupations List – CSOL) will be further reviewed based on advice from the Department of Employment. The CSOL lists occupations that skilled migrants could check to determine if their occupation is in demand in a specific State or Territory of Australia.

The MLTSSL (used to be  the Skilled Occupations List) will be revised based on outcomes from the review of Australia’s Department of Education and Training in 2017-2018

English language requirements- mandatory: English language salary exemption threshold, which exempts applicants whose salary is over $96,400 from the English language requirement, will be removed.

Character: Provision of penal clearance certificates will become mandatory – for Filipinos, this will be the NBI clearance and if an applicant has worked or resided in any other country for 6 months or more, then a police clearance from each country involved would be required.

Changes by December 2017

Before 31 December 2017, for the existing 457 visa:

Tax Information to be collected. The Department of Immigration and Border Protection (the Department) will start collecting the Tax File Numbers for 457 visa holders (and other employer sponsored migrants). The data collected “will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.”

Outing of Erring Employers. The names and relevant details of employers / sponsors who failed to meet their obligations shall be published.

Changes from March 2018

The 457 visa will be abolished and replaced with the Temporary Skill Shortage (TSS) visa. There will be two categories: the Short-Term stream of up to two years, and a Medium-Term stream of up to four years. In both cases, evidence of non-availability of “suitably skilled Australian worker” is a requirement to qualify for sponsorship.

“Both categories may be used by Australian businesses to recruit “skill gaps with foreign workers” on temporary basis.  The Medium Term stream, however, will allow employers to “address shortages in a narrower range of high sckill and critical need occupations.”

Other Criteria for the  Short-Term stream

  • Renewal:  Limited to one-time renewal only for applicants in Australia.
  • Which List to Use:  For all Australian employers, the STSOL will apply. However regional employers would have additional occupations to choose from.
  • English language requirements: Applicants must provide evidence of English language proficiency – a score of 5 in the International English Language Testing System (IELTS) with a minimum of 4.5 in each test component.
  • Genuine entry: A genuine temporary entrant requirement.

The Medium-Term stream will include the following criteria:

Renewal:  Like the ST stream, only applicants in Australia may renew the temporary visa and a pathway towards permanent residency after three years.  Occupation List – occupations on the MLTSSL will be eligible for sponsorship for all employers. For sponsors in the regions, additional occupations would be available.

English language requirements: a requirement of a minimum of IELTS 5 (or equivalent test) in each test component – speaking, writing, reading and listening

Eligibility criteria for both streams will include:

  • Work experience: at least two years’ relevant work experience.
  • Labour market testing (LMT): LMT will be mandatory, unless an international obligation applies.
  • Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.
  • Character: Mandatory penal clearance certificates to be provided.
  • Workforce: A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.
  • Training requirement: a strengthened training requirement for employers to contribute towards training Australian workers.

Complete, official details available through this link - https://www.border.gov.au/WorkinginAustralia/Documents/abolition-replacement-457.pdf

Authors & Contributors

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.

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