The new Temporary Skill Shortage (TSS) visa will be implemented this coming March 2018. In line with this, the Department of Home Affairs has released the rules and changes that will apply to lodged 457 applications prior to the implementation date of the 457 visa and valid 457 sponsorships, nomination and visa applications.

LODGED APPLICATIONS

If you have lodged a Standard Business Sponsorship (SBS) before the TSS Visa implementation date, the application will still be processed under the old rules. The only changes will be that employers are able to renew their sponsorship which will then be valid for 5 years. The new training benchmarks will also not apply.

If you have lodged an application for a Subclass 457 nomination for existing 457 visa holders before the implementation date, the application will be processed under the old rules.

If you have lodged an application for a Subclass 457 visa nomination and a related visa application before the implementation date, the application will be processed under the old rules.

If you have lodged an application for a Subclass 457 visa nomination without a related visa application before the application date, the application will be deemed invalid. The nomination fee will be automatically refunded to the nominee.

If you have lodged an application for a Subclass 457 visa application before the implementation date, the application will be processed under the old rules. Should the 457 requirements be satisfied, the applicant will be granted a 457 visa.

EXISTING AND VALID APPROVALS

If you have an existing SBS sponsorship, you are eligible to nominate an overseas worker under the new TSS visa program. This may include existing 457 visa holders. A new nomination will be required should there be a change of employer or occupation. You are also eligible to apply for a sponsorship renewal before the expiry date.

If you have an approved & valid 457 visa nomination, you are not eligible to lodge a TSS visa application until you lodge a new TSS visa nomination.

If you have a current & valid 457 visa, you are eligible for the following:

• to be nominated by a new employer should you wish to change jobs
• you may request for your current employer to lodge a TSS nomination to change your skilled occupation
• apply for a TSS subsequent entry visa application for family members
• apply for a new TSS visa application before your 457 visa expires

If you require professional assistance with your Skilled Visa case, please email us at [email protected].
If you have an urgent case matter which requires immediate assistance, please call us on 1300 61 99 77 (or +61 7 3181 5588).

*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.