457 Visa In The Pipeline? How Are You Impacted

457 to TSS Visa Pipeline

The transition of the Australian 457 Visa to the new Temporary Skill Shortage visa (subclass 482) (referred to more commonly as the ‘TSS visa’) is the big news this month.

For those of you who are ‘mid-application,’ we thought it would be useful to summarise which of the application rules apply.

457 Visa to TSS Visa – Transitional arrangements

The tables below provide a summary of the transitional arrangements that are expected to be in place as the 457 Visa transitions to the TSS Visa.

How will pipeline applications be processed after the implementation date of TSS?

Standard business sponsorship (SBS) applications lodged before the implementation date will continue to be processed under the old rules subject to minor transitional arrangements to the benefit of employers (example: will move to new five year periods, and training benchmarks will not apply subject to the Skilling Australians Fund (SAF) arrangements having come into effect – see below).
Subclass 457 nomination applications for existing subclass 457 visa holders lodged before the implementation date will be processed under ‘old rules’
Subclass 457 nomination applications for visa applicants lodged before the implementation date
  • if a related visa application was also lodged before implementation date – both nomination and visa applications will be processed under ‘old rules’
  • if no related visa application was lodged before implementation date – the nomination application will be administratively finalised and the nominee fee refunded (without a written request for a refund).
Subclass 457 visa application lodged before the implementation date will be processed under ‘old rules’ and if satisfied, a subclass 457 visa will be granted.

 

I have

I can

an existing SBS sponsorship
  • nominate overseas workers under the new TSS visa program, including existing subclass 457 visa holders for whom a new TSS nomination is required to facilitate a change of employer or occupation
  • lodge a new renewal form prior to the expiry of my sponsorship as long as I am an Australian business
an approved subclass 457 nomination that has not ceased
  • not lodge a TSS visa application without lodging a new TSS nomination first
  • request my approved nomination for a visa applicant be withdrawn and the fee refunded, if I was not able to lodge a related subclass 457 visa application before the implementation of the TSS visa (i.e. not available if nomination related to an existing subclass 457 visa holder)
a subclass 457 visa in effect
    • ask a new employer to lodge a TSS nomination application if I want to change jobs
    • ask my current employer to lodge a TSS nomination application to change my skilled occupation
    • lodge a TSS subsequent entry visa application for members of my family unit where required
    • lodge a new TSS visa application prior to the expiry of my subclass 457 visa

Note:  time on my subclass 457 visa will not ‘count’ in terms of the onshore renewal rules for the TSS visa.

Do you fall into this category? What are you plans or next steps? Share your thoughts in our comments.



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    SudeepNaveen dahiyaMarkNipa Recent comment authors
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    Naveen dahiya
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    Naveen dahiya

    Mark,

    How did you deduce[(example: will move to new five year periods, and training benchmarks will not apply subject to the Skilling Australians Fund (SAF) arrangements having come into effect ]?

    Is there any official document stating it?

    Thanks
    Naveen

    Nipa
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    Nipa

    My husband is holding 457visa..Me and my 1yesr old son has applied for dependent 457 visa i. Oct2017..yet no replies from immi..please help what to do