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Immigration News: Temporary Work (Skilled) 457

A Detailed Guide to Caveats

In April this year the Department of Immigration and Border Protection (DIBP) announced that it would be making some shocking and abrupt changes to the employer sponsored visa programme. Part of the toughened requirements saw the imposition of caveats on a vast number of occupations. Having caveats apply to your nominated occupation indicates that there... Continue Reading

English Requirements and Exemptions From 1 July 2017

Tougher requirements all round. Employer sponsored visas have become more and more difficult to be successfully applied for and its value to potential overseas skilled workers as well as employers are substantially decreased. These ‘improvements’ may ironically push away more genuine applicants and employers than it will stem abuse of the programme. The toughened requirements... Continue Reading

Changes to Training Requirements for Employer Sponsored Visas

The visas that will be affected by the training requirements are: Temporary Work (Skilled) visa (subclass 457) Employer Nominated Scheme (ENS) visa (subclass 186) – Temporary Residence Transition (TRT) stream Employer Nominated Scheme (ENS) visa (subclass 186) – Direct Entry stream Training benchmarks need to be met in applications for the above visas. As recently promised... Continue Reading

Caveats for Chefs, Cooks, and Cafe and Restaurant Managers

What is a caveat? Certain occupations on the 457 visa and ENS 186 visa occupation lists have been marked to have additional requirements these occupations have to satisfy. These additional requirements are termed “caveats”.   Are you affected? They affect 457 visa applications that were lodged on or after 1 July 2017, or were lodged... Continue Reading

Trades Recognition Australia (TRA): Changes to the 457 Program and OSAP

From 1 July 2017, Bangladesh, Nepal and Pakistan holders applying for Temporary Work (Skilled) visas (subclass 457) for nominated occupations Chef and Cook require a suitable skills assessment by TRA or Offshore Skills Assessment Program (OSAP) Find: TRA – Changes to the 457 Program and OSAP

Occupation Lists Are Out! Accountants, Engineers and IT Specialists Survive for Another Year..

Medium to Long Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL) It’s all happening now. Here to ruin or make someone’s Friday, the adjusted occupation lists have just been released. The now renamed Medium to Long Term Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL) – previously the Skilled... Continue Reading

Updates on the Changes Happening on 1 July 2017 

Employer sponsored visas (subclasses 457, 186, 187) What’s being covered in this release: Temporary Work (Skilled) 457 visa changes Employer Nomination Scheme (ENS) 186 and Regional Sponsored Migration Scheme (RSMS) 187 visa changes Changes to training benchmarks Changes to the online application system – applications saved but not completed or lodged before 1 July 2017... Continue Reading

Karl Konrad: Founder of Australian Immigration Law Services

Who is Karl Konrad? Karl Konrad has, over the span of nearly two decades, developed a reputation for being the guy to go to if you wanted accurate, non-meandering advice. Being armed with no more a simple assessment form filled with some key questions on your situation, Karl will form an actionable game plan in... Continue Reading

Federal Budget 2017: New Foreign Worker Levy

Immigration into Australia has been frequently and heavily discussed in the recent years and whilst the Department of Immigration and Border Protection (DIBP) has been steadily tightening regulations, it has not enough been able to quiet the burgeoning crowd of unhappy voices. Within a span of a month, the DIBP has dropped a few significant... Continue Reading

Q&A: Recent Changes to the 457 / 186 / 187 Visas

From the DIBP Do the changes affect 457 visa grant holders? No they do not, unless there is a change in employer or position (including business restructuring) which will require a new nomination application, and will be subject to the latest regulations. If the new nomination is for an occupation that is on the STSOL,... Continue Reading

Major Changes in Occupation Lists and Employer Sponsored Visas

The announcement by Prime Minister Malcolm Turnbull has certainly altered the landscape of migration, especially for those working on applications for employer sponsored visas. Whilst we are all adjusting to the changes, here are important the updates.   Occupation Lists The Skilled Occupation List (SOL) and Consolidated Sponsored Occupation List (CSOL) have been replaced effective... Continue Reading

457 Visa Soon to Be Replaced, Announces PM Malcolm Turnbull

We are looking at the end of the 457 visa. Just this afternoon, Prime Minister Malcolm Turnbull released a video (view links below) announcing plans to replace the 457 visa programme with one that will complement Australia’s needs better. The 457 visa has been under great scrutiny in the recent years with the increasing abuse of... Continue Reading

Paying for Sponsorship

Where is the line really drawn? Regulations (introduced on 14 December 2015) state that there should be no ‘asking for or receiving a benefit in return for the occurrence of a sponsorship related event’ and rightly so, a genuine hire should not involve such transactions, and leaves the visa holder open to exploitation. This regulation... Continue Reading

What Obligations Does a Sponsor Have?

Obligations as a Standard Business Sponsor for 457 Visa Holders A sponsor’s role doesn’t end when the visa is granted. Their obligations continue so long as there is a 457 visa holder in their employment and through the SBS validity period. The sponsorship obligations framework exists to ensure that the sponsored persons are not exploited... Continue Reading

In the News..

Occupation ceilings reached The SkillSelect round results for 15 March 2017 have been released and the intake allocated for Other Engineering Professionals [2339] and Computer Network Professionals [2631] has been exceeded. There will be no more invitations issued for these two occupations groups for the rest of the programme year 2015/16, which ends in June.... Continue Reading

Engaging a Migration Agent

Why is it so important to have a consultation with your migration agent first?   “I only have one question.” “I’d like for you to lodge my application now.” “My case is straightforward.”   Maybe, but maybe not. When you contact a migration agent you need to understand that this is the person who will... Continue Reading

The Silence of the Lambs; Paying for Sponsorship

The rampant abuse of the employer sponsored visa program goes on unchecked for a very good reason   The Sydney Morning Herald (SMH) recently revealed a recording of an interesting conversation between Eric, a franchisee of a large retail chain who is selling a sponsored employment position, and Jon, who is seeking a sponsorship position. But... Continue Reading

Temporary Skilled Migration Income Threshold (TSMIT)

Temporary Work (Skilled) visa (Subclass 457) Remuneration Requirement The employer sponsored Temporary Work (Skilled) visa (Subclass 457) has a requirement on the remuneration and terms and conditions offered to an applicant (nominee) that we discussed in our article on 457 nomination applications, the trickiest of all the 457 applications. To protect both local labour as... Continue Reading

The 457 Visa Application

Temporary Work (Skilled) Visa (Subclass 457)   We’ve covered the first two applications involved in making a Temporary Work (Skilled) visa (Subclass 457) application. In this article, we will be writing about the visa application. Standard Business Sponsorship application (Business) Nomination application (Position) Visa application (Applicant) These three applications can be made in a single... Continue Reading

The Nomination Application

Temporary Work (Skilled) Visa (Subclass 457) Following from our last publication, we’ll continue to explore what it takes to apply for the Temporary Work (Skilled) visa (Subclass 457). As you know, this employer sponsored visa involves three separate applications. Standard Business Sponsorship application (Business) Nomination application (Position) Visa application (Applicant) If you thought the Standard... Continue Reading

The Standard Business Sponsorship Application

Temporary Work (Skilled) Visa (Subclass 457) The ever popular Temporary Work (Skilled) visa (subclass 457) involves making a trio of applications. The first is the Standard Business Sponsorship (SBS) application. Standard Business Sponsorship application (Business) Nomination application (Position) Visa application (Applicant) Read: Temporary Work (Skilled) visa (Subclass 457) A successful SBS application approves a business to... Continue Reading

457 Post Employment Visa Expiry Changes

The holder of a Temporary Work (Skilled) visa (Subclass 457) will no longer have 90 days but only 60 days after their employment has ceased to stay in Australia legally. This new rule will only apply to visas granted from now on. Those on current 457 visas will still have the 90 days. We have... Continue Reading

From a 457 visa to permanent residency

The Temporary Residence Transition (TRT) stream Temporary Work (Skilled) visa (subclass 457) holders! How do you make your stay in Australia permanent? Unless your employer has decided to jump straight for a permanent visa for you, you will need to complete 2 years with your sponsor before you can apply for a permanent Employer Nomination... Continue Reading

2 Year Work Requirement Going From 457 to 186/187

Getting your permanent residency through employer sponsored visas For many, the path to permanent residency on an employer sponsored visa looks like this: An individual is first sponsored through a Temporary Work (Skilled) visa (Subclass 457), completes 2 years of employment and, if their employer wishes to offer them a permanent position in that same... Continue Reading