FAQs developed in consultation Deloitte
My nominated occupation appears on either the Short-Term Skilled Occupation List (STSOL) or Medium and Long-Term Strategic Skills List (MLTSSL). What does this mean for my current 457 visa?
Your current 457 visa is unaffected. You can remain in Australia employed in your nominated role until the expiry of your current 457 without impact.
My current 457 visa is close to expiring. What is the impact?
If your nominated occupation appears on the STSOL, you will be eligible to apply for a two year 457 / TSS visa with one further two year renewal. Occupations appearing on the STSOL will have no option for permanent residence after 1 March 2018.
If your nominated occupation appears on the MLTSSL, you will be eligible to apply for multiple four year 457 / TSS visa renewals. Occupations appearing on the MLTSSL have permanent residence options available beyond March 2018 for applicants under the age of 45. The residency requirement for applications under the Temporary Residence Transition pathway will increase from two years to three years.
After 1 July 2017, any new application for 457 / TSS visa will have mandatory police clearances and English language requirements. Visa applicants will also be required to show at least two years of relevant work experience from March 2018.
I am up for promotion or a new role. What is the impact?
Before accepting any new role, this should be assessed in full to confirm whether the new role will result in an occupation change. If the new role does result in a change, this may impact on your eligibility for a 457 / TSS visa and also permanent residence.
Please reach out to Deloitte to assess your situation and advise accordingly.
I am seeking employment with a new sponsor. What is the impact?
If your occupation appears on the STSOL or the MLTSSL, your sponsorship can be transferred. Your current visa period will remain unaffected. If a new visa application is made, you will only be eligible to apply for a two year 457 / TSS visa with one further two year renewal for STSOL occupations, or a four year 457 / TSS visa for MLTSSL occupations.
I am thinking of applying for permanent residence. What are my options?
If your nominated occupation appears on the STSOL, you may be eligible to apply for permanent residence until 1 March 2018. After this time, you will not be eligible to apply.
If your nominated occupation appears on the MLTSSL, you may be eligible to apply for permanent residence under the Direct Entry pathway or the Temporary Residence Transition stream before and after 1 March 2018.
From 1 July 2017, increased English language evidence will be required for all permanent residence visas and a maximum age of 45 will apply to applicants under the Direct Entry pathway. In March 2018, the maximum age of 45 will apply to applications lodged under the Temporary Residence Transition stream. The residency requirement under this pathway will also increase from two to three years in your nominated role.
- Significantly, age exemptions will continue to apply for the nominated occupations of University Lecturer and Faculty Head at Academic Level B, C, D or E.
- Skill assessment exemptions for the Direct Entry pathway will also remain for University Tutor, University Lecturer and Faculty Head classifications at Academic Level A, B, C, D and E.
I do not have 2 years of relevant work experience. What does this mean?
From March 2018, it will be mandatory for visa applicants to have at least 2 years of relevant work experience. In some cases there may be a benefit to renewing your subclass 457 visa prior to the expiry to ensure a maximum period of stay in Australia. After 1 March 2018, you may not be eligible to apply for a TSS visa. Your Deloitte contact will be best placed to advise you based on your personal circumstances.
I understand that after March 2018, I will require 2 years of relevant work experience to apply for a TSS visa. I have undertaken 2 years of PhD research. Can this be counted?
The information surrounding this is currently unclear. We have sought specific advice but have yet to receive any clarity. Submissions to government seek acknowledgment of PhD research as counting towards this 2 year requirement. If this applies to you, you should reach out to your local Deloitte contact to assess your situation and advise accordingly.
I do not speak English very well. How will these changes impact me?
From 1 July 2017, the English language salary exemption will be removed, therefore English evidence will become mandatory for 457 / TSS visas. English language requirements for permanent residence applications under the Direct Entry pathway will also increase from 1 July 2017.
If you cannot meet the required English language ability, you will not be eligible to apply the certain visa requirements.