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The Australian 457 Visa Reform

To kick off the Government’s planned abolishment (and replacement) of the 457 visa by March 2018, there are now two new occupation which lists apply and prescribe the occupations that are now eligible to be nominated for the purposes of various skilled visas (including 457 visas).

Please refer to our previous alert for further background information including:

  • What do these changes mean if your application has been lodged but not yet decided; and
  • What do these changes mean if you are already on an affected visa.

Our previous alert can be accessed here: 457 and Skilled Visa News

 

Is my visa application affected?

In effect, there are two new lists for practical purposes:

  • Medium and Long-term Strategic skills List (MLTSSL);
  • Combined list including the Short-term Skilled Occupation List (STSOL).

Please refer to the following summary table for visa subclass specific information concerning:

  • affected visa subclasses;
  • the corresponding occupations which have been removed from the relevant occupation list for that subclass; and
  • the new list which applies to the relevant visa subclass.

Please also note it is likely that the lists will be further amended in the coming months. We recommend seeking advice if you are amongst the affected visa subclasses.

 

Australian Visa Subclasses and Relevant Changes

Visa

Relevant Changes

189

Skilled – Independent Visa

There are in effect practically no changes for the purposes of this visa subclass other than a change in the name of the relevant list.

The changes apply to invitations issued after 19 April 2017.  

489

Skilled – Regional (Provisional) Visa - with family sponsorship – no State or Territory nomination

There are in effect practically no changes for the purposes of this visa subclass other than a change in the name of the relevant list.

The changes apply to invitations issued after 19 April 2017 if the applicant is not nominated by a State or Territory government agency.

485

Temporary Graduate Visa

There are in effect practically no changes for the purposes of this visa subclass other than a change in the name of the relevant list.

The changes apply to applications made on or after 19 April 2017.

190

Skilled – Nominated Visa

Numerous occupations have been affected by the changes. Relevantly:

1.       Various occupations have been removed entirely from the list for all of these visa subclasses and are no longer available.

2.       Certain occupations are no longer available under subclass 190 and are now only available under 189, 485, 489 visas.

3.       Certain specific occupations are now only available in relation to certain visa subclasses.

The changes apply in relation to a person who is nominated by a State or Territory government agency, or the spouse or de facto partner of a person who is nominated by a State or Territory government agency, and who is issued an invitation on or after 19 April 2017.

489

Skilled – Regional (Provisional) Visa with State/Territory nomination

Numerous occupations have been affected by the changes. Relevantly:

1.       Various occupations have been removed entirely from the list for all of these visa subclasses and are no longer available.

2.       Certain occupations are no longer available and are now only available under 189, 485, 489 (no state/territory nomination) visas.

3.       Certain specific occupations are now only available in relation to certain visa subclasses.

The changes apply in relation to a person who is nominated by a State or Territory government agency, or the spouse or de facto partner of a person who is nominated by a State or Territory government agency, if they are issued an invitation on or after 19 April 2017.

457

Temporary work (Skilled) Visa

Numerous occupations have been affected by the changes. Relevantly:

1.       Various occupations have been removed entirely from the list for all of these visa subclasses and are no longer available.

2.       Certain occupations are no longer available under subclass 457 (and are now only available under 189, 485, 489 visas)

3.       Conditions have been imposed on 59 occupations for the 457 visa subclass which limit the breadth of the occupation that can be nominated. They can still be nominated for 457 purposes as long as they fit within the amended scope of the occupation. Please check in with us if you fall within one of these occupations.

4.       Certain specific occupations are now only available in relation to certain visa subclasses.

The changes apply effective on 19 April 2017. No nomination or visa applications can be approved unless the occupation is on the new list and the occupation complies with any conditions.

186

Employer nomination scheme

Numerous occupations have been affected by the changes. Relevantly:

1.       Various occupations have been removed entirely from the list for all of these visa subclasses and are no longer available.

2.       Certain occupations are no longer available under subclass 186 (and are now only available under 189, 485, 489 visas)

3.       Certain specific occupations are now only available in relation to certain visa subclasses.

The changes apply for applications made after 19 April 2017.

407

Training Visa

Numerous occupations have been affected by the changes. Relevantly:

1.       Various occupations have been removed entirely from the list for all of these visa subclasses and are no longer available.

2.       Certain occupations are no longer available under subclass 407 (and are now only available under 189, 485, 489 visas)

3.       Certain specific occupations are now only available in relation to certain visa subclasses.

The changes apply for applications made after 19 April 2017.

 

Contact our Migration Agents if you think your application is affected:

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