For our kababayans who wish to work in Australia and bring their family to work or study, the Temporary Work (Skilled) Visa subclass 457 is one of the best options. With this visa, one can also travel in and out of Australia throughout the validity of the visa. One must comply with all the requirements and provisions of the visa.

The 457 visa is a temporary work visa that permits employers to sponsor overseas workers to fill up nominated skilled positions. It is presently the most common pathway of sponsorship for overseas workers. This is soon to be replaced by the Temporary Skills Shortage (TSS) visa.

Here are recent changes

Beginning 15 Jan 2018, after two calendar days from lodgment of 457 visa application, it will automatically be refused if the application is incomplete. Applications with pending sponsorship and nomination approval and pending health and character clearances are not covered by this restriction. However, a reasonable explanation must be attached to the application in the IMMI Account to avoid automatic refusal.

Employer sponsors of Singapore Citizens/Nationals/Permanent residents are exempted from the Labor Market Testing (LMT) starting 1 Dec 2017 under the Singapore-Australia Free Trade Agreement (SAPTA).

Applicants who have spent more than 12 months in Australia within the last 10 years must provide an Australian Federal Police (AFP) certificate upon lodgment.

For applicants who are citizens and permanent residents of USA must provide FBI Identity History Summary and a State Police Clearance for each State in which the applicant has lived for at least three months for the last 12 months upon lodgement. This also applies to other countries.

Original certificates issued in black and white by the relevant overseas authorities are acceptable original certificates issued in color but subsequently scanned in black and white are not acceptable because various image specifications are removed. Such police clearances must always be scanned in either color or grey scale to determine the authenticity of the document.

Temporary Skills Shortage (TSS) visa will be implemented in March 2018. Accredited sponsors will enjoy priority processing in 5 days when the TSS is implemented. Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program.

a. It is important to lodge complete subclass 457 nomination and visa applications together before the end of February or postpone lodgement until the commencement of TSS.

b. If a subclass 457 nomination application is lodged without a 457 visa application being lodged before the commencement of TSS, it will become ‘redundant’ as subclass 457 nominations cannot be linked to TSS visa applications.

c. Secondary visa applicants of 457 visa holders or pending 457 visa applicants will be able to lodge a subsequent dependent TSS application. If they meet requirements, TSS visa linked to their family’s subclass 457 visa/nomination application will be granted.

d. Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS can request their new employer to lodge a TSS nomination application.

e. Subclass 457 visa holders who wish to change occupation or need a new visa with longer validity will need to lodge a new TSS visa application.

(Felix Carao is a Registered Migration Consultant (MARN 1069354), a Qualified Education Counselor (QEAC G028), and an Accredited Recruitment Professional (MRCSA 51889). For enquiries, you may call 04 1232 1187 or email him at felix@allskills.com.au or visit  www.allskills.com.au)

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