Finalisation of the 457 visa and what this means for you

Published on February 27, 2018

As you will all know from our Prime Minister’s shock announcement in April last year, the 457 Visa has been ‘abolished’. This will take place next month, however; the date in March has not yet been confirmed (it will not be the 1st of March!). The big question on everyone’s lips is… How will this affect me?

 

For those already on 457 visas…

 

This will not have a great effect on you. Your 457 Visa will remain valid until expiry. There are quite a few transitional arrangements in place, so you will still be able to:

 

– Change employers – they will just need to lodge a new TSS nomination to link to your 457

– Add further dependent family members – they will need to lodge a TSS subsequent entrant application and this will be linked to your 457

– Apply for PR under the Temporary Resident Transition stream – the requirements will depend on when your 457 was granted so please confirm this with a registered migration agent.

– Renew your visa – you will need to apply for the TSS instead of a new 457.

 

If you were planning on applying for a 457 Visa…

 

You will not be able to do so after the TSS is introduced, but not to worry, you should have different options. For most applicants, the obvious option is the TSS which is very similar to the 457 visa. This visa has 2 streams, with different requirements and costs dependent on your occupation:

 

The Short-Term Stream which is based on the Short Term Skilled Occupation List (STSOL) and allows a grant period of up to 2 years. You will only be able to renew the TSS once whilst onshore if your occupation is on the STSOL (there is no limit to offshore renewals) and there is a Genuine Temporary Entrant requirement, restricting those that have spent long periods of time in Australia (4 years or more).

The Medium-Term Stream is based on the Medium and Long Term Strategic Skills List (MLTSSL) and is more like the previous 457 Visa, with a few minor differences. This will be valid for up to 4 years, with the period dictated by the nomination. There is no restriction for the number of renewals on MT stream.

 

Requirements consistent in both streams are:

 

– There will be 2 years of work experience required. This should not be a worry for our doctors, as GPs require this and more under AHPRA’s guidelines.

– There is a higher English requirement (but this is lower than the English required under AHPRA)

 

Basically, if you are eligible for AHPRA, you should be eligible for the TSS.

 

What if I don’t meet the 2-year work requirement?

 

If you do not have 2 years of work experience in your occupation (E.g. Graduates, interns, House Medical Officers, etc) you will not be eligible for the TSS. You may be able to apply under a different type of visa, such as the training visa under the occupational stream or a graduate visa. I would suggest seeking professional advice on the best option for you.

 

What if my employer has lodged a nomination for the 457?

 

Lodge your 457 Visa straight away! New 457s can still be lodged until the introduction of the TSS and processed as per current standards, but any nominations not linked to a visa application will become redundant.

 

If you have any questions or concerns, please contact our team at Migration@peoplemedical.com.au

 

Written by Kellee Gray

MARA 1678793