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Australian 457 Visa Changes – FAQ

457 Visa Changes FAQ – Over 45 Of Your Questions Answered!

So since we announced the abolishment of the 457 visa on the 19th April, we’ve had literally hundreds of comments posted trying to seek additional information on clarification on the announcements.

I’m a 457 holder, will I still be able to get PR?  My occupation is no longer on the list, can I still apply? What do the 457 grandfathering provisions mean?

We’ve tried our best to help where we can but to a certain extent, we’ve struggled as the amount of information which has been made available since the announcement has been extremely limited so we’ve had to base our responses on our own interpretation of the information.

Thankfully, today we received a copy of one of the guidance newsletters issued by the Australian department of Immigration to Australian Migration agents to assist with their client’s enquiries.

Though the clarification notes don’t answer all the questions, they certainly help. I have to say though, It’s really frustrating that these clarification points are not readily available so with this in mind, we’re publishing the clarification notes below.

Even though it’s evident that there is still some work to be done on the migration departments part (ie. in some instances, the answer to some of the questions appear to be work in progress). We are hopeful that you’ll find these clarification points useful!

19 April 2017 changes

Q1. What has already changed?

A. As of 19 April 2017:

• the Consolidated Sponsored Occupation List (CSOL) has been replaced with the new Short-term Skilled Occupation List (STSOL);
• the Skilled Occupation List (SOL) has been replaced with the new Medium and Long-term Strategic Skills List (MLTSSL);
• there has been a reduction of 216 occupations available for subclass 457 visa programme applications;
• 59 caveats now apply to specified occupations – these either relate to work experience, regional location or are occupation specific; and
• new visa validity periods also apply under the standard subclass 457 programme with a maximum 2 year period available for occupations that are eligible for the subclass 457 programme but not on the new MLTSSL.

Q2. Can people still apply for subclass 457 visas?

A. Yes. The subclass 457 programme remains open until the new TSS visa comes into effect in March 2018. The occupation list has been restricted (19 April 2017) and integrity settings will be further tightened.

Q3. Where can I find a list of removed occupations?

A. This is available on the Department’s website or on the getting down under website here.

Q4. Why were occupations removed?

A. They were removed due to a wide range of factors including: immigration integrity concerns, low usage over the last five years, being reserved for Australian citizens (e.g. magistrate) and based on advice from the Department of Employment.

Q5. Where can I find information about the caveats?

A. This is available on the Department’s website. Agents have also been provided with interim guidelines on these caveats until the 457 Nominations Procedural Instructions (PI) are updated for 1 July 2017. We will continue to expand this advice in the future based on feedback from agents and staff. Note: Additional FAQs specifically on caveats is also provided below.

Q6. Do the above changes have any impacts on existing subclass 457 visa holders?

A. No – unless they wish to change employers or positions, in which case a new nomination will need to be approved under the new arrangements. Note:

• This will include situations where due to business structure changes, an employer is required to lodge a new sponsorship application and is required to lodge new nomination applications to accommodate existing subclass 457 visa holders (unless they continue to work for an associated entity of an Australian sponsor).
• A new nomination approval for an occupation listed on the STSOL will not result in a reduction of the visa period already held by the visa holder.

Q7. My client has a pending application where the occupation has been removed from the list – what happens now?

A. Once the application has reached the assessment stage, you will be contacted by the Department and given the opportunity to withdraw your application in writing. The letter will specify a period for required response (i.e. 14 days for nomination applications and 28 days for visa applications).

Alternatively, you can request a withdrawal in writing at any time and your client will then be entitled to a refund of the application fee. If you do not withdraw your application, it will be refused. Note: • If seeking to withdraw a visa application, we ask that you complete and attach Form 1446 to ImmiAccount where possible to facilitate faster processing.

• If seeking to withdraw a nomination application, we ask that you attach a written request to this effect to ImmiAccount where possible to facilitate faster processing.
• Once a withdrawal has been actioned, the process to facilitate a refund will be initiated. Applications which do not meet the requirements and are not withdrawn within the prescribed timeframes will be refused. No refund will be provided in such circumstances.

Q8. What about situations where my client has a pending application but a caveat now applies?

A. Once the application has reached the assessment stage, an officer will assess whether or not the caveat applies. If it does, the same withdrawal and refund options as noted above (Q7) will be made available to the client – as the occupation is no longer ‘on the list’ in the circumstances specified.

Note: where a caveat may apply, but the nomination has already been approved and it is only the visa application that is outstanding, the Department will assess caveats for visa applicants based on information already available on Departmental systems. We will not seek further information if there is no clear indication that a caveat applies.

Q9. Can I get a refund for an approved nomination if a related visa application now cannot be approved?

A. Yes, if, a subclass 457 visa application is unable to be granted where the approved nomination is for an occupation that has been removed from the list, the sponsoring business can request that the nomination be withdrawn and request a refund of the nomination fee. Note:

• If seeking to withdraw your approved nomination, we ask that you utilise Form 1446 where possible to facilitate faster processing. The completed form should be emailed through to
• Once a withdrawal has been actioned, the process to facilitate a refund will be initiated. 457 agent news May 2017 | 3

Q10. Can I get a refund of my sponsorship fee if my sponsorship application has been lodged and/or approved but I no longer wish to use the subclass 457 programme due to the changes in occupation lists?

A. No – a refund is not available under the legislative framework.

Q11. Can I change the nominated occupation?

A. No – but you can withdraw and lodge a new nomination with a new occupation specified for the nominee. This may, however, raise concerns about the genuineness of the position – particularly if the new occupation is substantially different.

Q12. Can I change the nominated base salary for a position post lodgement of the nomination?

A. Yes – you can provide updated information to the Department via ImmiAccount, but you must also provide an updated contract of employment reflecting the new salary rate. This may, however, raise concerns about the genuineness of the position and whether the local labour market has been effectively tested.

Q13. What is the impact of 19 April 2017 changes on the subsequent dependant applications?

A. Nil – if the primary visa application has been granted, then subsequent dependant applicants can still be granted for the same period as the primary (subject to any 457 MOFU extension restrictions).

Q14. Do the changes impact cases that have a review application pending?

A. Yes – the AAT must make a decision based on the current framework – i.e. they are required to take into account recent occupation removals and caveats.

Q15. Will the reforms affect visa processing times?

A. Processing times are expected to slow down in the short term as staff become familiar with the new arrangements. Additional concurrent measures are, however, being considered for 1 July 2017 to streamline processing for lower risk sponsors – including possible further expansion of 457 accredited sponsor arrangements.

Q16. What are caveats?

A. Occupational caveats are additional requirements for certain occupations to demonstrate that the position you have nominated is appropriate for a skilled visa programme. Caveats do not prevent lodgement of all applications for that particular occupation. They limit use of the occupation in certain circumstances. These caveats will be subject to regular review and may be added, altered or removed in future.

Q17. Where the caveat requires a business to have a turnover of at least $1M, what is the period in which $1M turnover is considered?

A. From 1 July 2017, the subclass 457 nomination form will collect information regarding the turnover of the business for the last financial year, which will be used to determine whether or not this caveat applies. Up until this time, the Department will use existing information available on our systems if they indicate that this element of a caveat is met.

Where such information is not available in Departmental systems, additional information will be sought from the sponsoring company. If this occurs, it is recommended that agents provide financial information to cover the last financial year. Independently verifiable information should be provided where possible.

Q18. Can the $1M include turnover from related entities?

A. No – this relates to the sponsoring business only.

Q19. Can the $1M turnover figure include GST?

A. No.

Q20. Will occupational caveats apply to businesses that have traded for less than 12 months? If so, will projected turnover suffice where relevant?

A. Yes – they apply. In general, projected turnover will not suffice. As above, the turnover needs to be at least $1M for the last financial year. However, the Department will consider exceptional circumstances on a case by case basis.

Q21. Where the caveat requires a business to have a minimum of five employees, are there any restrictions on the type of employee (e.g. do they have to be full time, Australian)?

A. No – not at this stage. If the business declares that they have five employees and this is consistent with other information provided (e.g. structure chart for business etc.), then this will be accepted unless the Department has concerns that this is not the case. From 1 July 2017, the subclass 457 nomination form will ask companies to declare their total number of employees and how many are Australian/overseas workers, as per the current subclass 457 sponsorship form.

Q22. Where the caveats require at least two years of work experience, what does this mean?

A. This means that a successful candidate for the nominated position would be expected to have completed at least two years full time (as per the industry standard) work experience in the relevant occupation post qualification. The Department recognises that work experience may take different forms for different occupations. For example, relevant experience for a University lecturer could include conducting research in a particular field of knowledge and/or teaching experience. Additional permanent visa questions

Q23. Is the Regional Sponsored Migration Scheme impacted by the 19 April 2017 changes?

A. No – this is because you can nominate any occupation that is ANZSCO skill level 1 to 3 for this programme (i.e. you are not restricted to the MLTSSL and the STSOL at this stage).

Q24. How do the above changes impact other permanent visa programmes?

A. The above changes do not impact on hand (‘pipeline’) applications for other skilled permanent visa programmes. The removal of occupations from the list will, however, impact clients who lodge an application for one of the following on or after 19 April 2017:

• Employer Nominated Scheme (subclass 186) – Direct Entry Stream
• Skilled Nominated visa (subclass 190) • Skilled Regional (Provisional) visa (subclass 489) That is, any applications already lodged before 19 April 2017 for the above visa subclasses (other than a 457 visa) will not be impacted (even if the occupation was removed for these visas on 19 April 2017).

Q25. Do the caveats impact permanent visa applications?

A. No – the new caveats only impact subclass 457 applications. Caveats existing prior to 19 April 2017 that impacted other visas remain unchanged.

Q26. Can you still apply for ENS if your occupation is on the STSOL but not the MTSSL?

A. Yes – currently, if your occupation is on the STSOL or an eligible occupation on the MLTSSL you can apply for the ENS Direct Entry stream. Current holders of subclass 457 visas continue to be eligible to apply for permanent residency through the Temporary Residence Transition (TRT) stream of the ENS visa. Access to the TRT stream is not based on the occupation lists and is therefore unaffected by these changes. Other temporary visa questions

Q27. Do the above changes impact on hand (‘pipeline’) applications for other temporary visa programmes that utilise the MLTSSL and/or the STSOL?

A. The above changes do not impact on hand (‘pipeline’) applications for other temporary visa programmes that utilise the MLTSSL and/or the STSOL. The removal of occupations from the list will, however, impact clients who lodge an application on or after 19 April 2017 for the Training visa (subclass 407).

1 July 2017 changes

Q28. What reforms are being implemented on 1 July 2017?

A. Key reforms that will be implemented from July 2017 for subclass 457 visas include:
• expanding mandatory skills assessments;
• introducing mandatory penal clearance checks consistent with other visas;
• tightening existing training benchmarks; and
• removing English language exemptions based on a skilled migrant’s salary (e.g. if their salary is higher than $96,400).

Q29. Will there be further changes to the occupation lists for 1 July 2017?

A. Yes – it is expected that the occupation lists will be regularly updated, based on a range of factors including advice from the Department of Employment and the Department of Education and Training.

Q30. Why are mandatory skills assessment requirements being expanded?

A. The skills assessment requirements are being considered for expansion to cover a small number of new cohorts of concern. For example, where particular combinations of occupation and nationality have been identified as an integrity risk.

Q31. What nationalities/occupations will be impacted?

A. A final decision has not been made in this space. Registered migration agents will be informed of the specific changes proposed via an agents newsletter prior to 1 July 2017.

Q32. What changes are being made to character requirements and why?

A. As of 1 July 2017, all subclass 457 applicants aged 17 years or older will be required to provide penal clearance certificates for countries in which they have lived for a significant period. This measure will strengthen current character and integrity measures and will bring subclass 457 visas into line with other longer stay temporary visa products.

Q33. What changes are being made to the training benchmarks?

A, Policy settings for training benchmark requirements are being clarified and tightened, by setting out:

• the types of training funds eligible for training benchmark A; and
• setting out the types of expenditure on training that are acceptable for training benchmark B.

The Department also intends to provide agents with additional guidelines around documentation required to demonstrate that an applicant has met the relevant training benchmarks via a later edition of this newsletter. Additional permanent visa questions

Q34. What reforms will be implemented on 1 July 2017 for ENS and RSMS?

A. On 1 July 2017, the additional changes below will be implemented for ENS and RSMS:

• raising English language requirements to “competent” for all applicants (IELTS 6) – with TRT and Direct Entry requirements to be consistent;
• upper age limit of 45 for Direct Entry applicants;
• 3 years skill and experience for Direct Entry applicants; and
• further changes to the occupations lists and their application to relevant visas. Note: This above looks like an error in that the RSMS (direct entry) change that 3 years work experience is needed is scheduled for March 2018. We are trying to confirm this March 2018 changes

Q35. What is the Temporary Skill Shortage (TSS) visa?

A. The new TSS visa will replace the 457 visa. It will have two distinct streams: a Short-term stream of up to two years and a Medium-term stream of up to four years.

Q36. How much will the TSS visa cost?

A. There will be different Visa Application Charges (VAC) for the TSS visa. The base VAC for:

• the Short-term stream is $1150; and
• the Medium-term stream is $2400.

Q37. What are the changes to the English language requirements?

A. The English requirements for the Short-term stream of the new TSS visa will be the same as the current 457 visa, with a minimum IELTS result (or equivalent) of 4.5 in each test component required, and an overall score of 5. There will be a higher standard required for the
Medium-term stream with a score of 5 required in each test component.

Q38. Will holders of the TSS visa have a pathway to become Australian permanent residents?

A. Yes – under the Medium-term stream only.

Q39. Will the Temporary Income Skilled Migration Threshold (TSMIT) be indexed?

A. No – in considering options for the abolition of the subclass 457 visa and its replacement with a new TSS visa, the Government decided not to index the TSMIT at this time.

Q40. What will change in terms of labour market testing?

A. Labour market testing will be a mandatory requirement for the TSS visa, unless international trade obligations apply.

Q41. How will the TSS visa require employers to assist with training Australian workers?

A. The TSS visa will require employers nominating skilled overseas workers to contribute to training Australian workers. Details of the revised training requirement will be provided in a subsequent edition of this newsletter. Additional permanent visa questions

Q42. What reforms will be implemented for ENS and RSMS in March 2018?

A. From March 2018, new eligibility criteria for ENS and RSMS will include:

• an upper age limit of 45 (from 50) for most applicants;
• occupation must be on the MLTSSL (unless an additional occupation approved for regional areas); • a minimum market rate salary: all visa holders must earn at least a minimum salary of $53,900 – that is the TSMIT;
• at least three years’ relevant work experience; and
• a pathway to permanent residence through TRT requires 3 years on Medium-term TSS visa. More information will be provided about these changes to registered migration agents closer to 2018.

Q43. What transitional or ‘grandfathering’ arrangements will be in place for those who already hold a subclass 457 visa before March 2018?

A. More information concerning the legislative details of future changes will be available closer to their implementation date. This will include information about transitional arrangements for visa applicants and visa holders.

Labour agreements

Q. Do these changes have any impact on labour agreements?

A. No – the subclass 457 visa abolition and replacement changes have no immediate impact on the labour agreement programme with:

• existing labour agreements remaining in effect;
• existing visa holders not impacted unless they apply for another visa impacted by the changes outside of the labour agreement programme; or
• new nominations that labour agreement sponsors intend to lodge and related visa applications are not impacted – including applications for occupations which are specified in the relevant labour agreement, but have were ‘removed’ from the standard programme on 19 April 2017.

The Department will amend all existing labour agreements at some time prior to March 2018 to reflect the abolition of the subclass 457 visa – with no further applications for subclass 457s accepted after the introduction of the TSS visa in March 2018.

Q. Will the Designated Area Migration Agreement (DAMA) remain in place?

A. The DAMA with the Northern Territory will remain in place.

Q. Has anything else changed in the labour agreement programme?

A.The Department continues to review labour agreement arrangements to ensure that:

• they reflect current economic and employment conditions
• the local labour market is not undercut
• Australian workers are given priority.

  • Site Admin

    Written by Mark

    As the founder of Getting Down Under, Mark is passionate about demystifying the process associated with a move to Australia.

    Having launched Getting Down Under in early January 2006 and made the move to Australia from the UK in the same year, Mark continues to share resources and support for those looking for assitance, Getting Down Under.

    If you have a question for Mark, please post in our Forums


    Leave a Reply
    1. Dear Mark,
      please help me understand my situation. my company (an Australian approved company) have applied for my 457 visa with my 2 kids in December 2017 via an immigration company based in Australia. I’m African and have done all the health test requirement. the immigration company says that they have applied for the priority processing and haven’t heard anything since December 2017.
      is that mean that my application have been rejected?
      now with the change of 457 visa to TSS will this slow down my visa processing time?
      The company I’m working for have a representative in Africa (where I’m working) and I have been chosen to work in Australia for 2 or 4 years to improve my management skill.

    2. Hi Mark,
      I would like to ask, what if i submitted the application for 457 on 16th February 2018 and it got rejected after March 2018 where the new TSS visa is applied. If i wanted to have my application reviewed, will it be reviewed as 457 or TSS knowing that i submitted the application before MArch 2018. Looking forward for your reply. Thank you.


    3. Hy mark I get my 457 visa as a cook on 24 September 2016 for 1 and half year cause business was new. It expires on 28 of March and after that what should I do and does new rule will apply on me or I can apply new visa on old rules and am I eligible to apply for PR after 2 years of work with company

    4. Hi Mark,

      Thanks for the great blog.

      My employing company is an approved sponsor and submitted the nomination (which is still being assessed), they submitted this in July 2017. I have not applied for the 457 yet as we are still waiting for the nomination to get approved.

      With the 457 getting abolished in March 2018, would we still count as applied before the abolishment date as the nomination has been submitted, but we have not applied yet?

      Considering our situation, what would be the best way forward?

      Kind regards

      George Galloway

    5. Hi everyone.
      thanks for a great work on this “Blog”
      im currently on a 457 Visa, it ends on Dec/2021.
      when the time comes and i need to renew, do i have to do according with the new law

      Thanks for sharing your opinions

    6. Hi Mark,
      I am a IT Business Analyst from India Specializing in the Immediate Payments Area ( A niche Skill ) having 14 years of experience. I will be travelling and working for a Global IT Major via the 457 Visa next month for an Australian Bank. I have been granted a Visa for a Year and Half and will be travelling with my family to Sydney . I would be looking at chances of my getting a PR under the 189 category. I am currently 41 years of Age . Would like your advice on my chances of getting the PR with the changes in the VISA rules . Awaiting your reply


    7. Hi Mark,

      Currently I am on a 457 visa that will expire in november 2018. I have already 3 years with my employer and he is willing to sponsor me for PR but only after I finalised 4 years on my visa. This because, under the labour agreement, he can’t do it before. Is this correct or a misinformation? I know that is possible after two years so it depends in which sector I work under the labour agreement or is another cause for the delay? Why I can’t apply for pr after two years, under the labour agreement (I work as a farm manager with nearly 10 years of experience)?

      Many thanks,

    8. Hello Mark,

      Thank you for this site, its like a book of knowledge for us all :)
      This month my husband ( ametal fabricator) was offered a sponsor for a 457 in which we hope to get sorted by March 2018. The employer has just started his side of things to see if he is eligible to offer this but, by the sounds of it he should be good to go after speaking to a immigration expert.
      My question is regarding PR as many others have been asking. If all goes well and we are granted a 457 before March 2018, will the new rules apply rather than the old rules regarding the transition stream? We were hoping we’d get away with the old rules if granted before march but as I have read this looks unlikely, unless you were granted a 457 before April this year… is this correct?
      Also if the new rules apply to us, how often do the lists of occupations change as 3 years is such a long time to wait and see whether metal fabricator will stay on the list or else if its taken off it’ll be the next plane back :(
      Thank you again.

    9. Dear Mark,
      Thank you for information on your website.
      I have been working as a cook in a restaurant (from Jun-2016)and also holding Visa 457. I am 46 years old and based on information on the DIBP’s website, I cannot apply for Visa 186 (TRT stream) after March-2018. I appreciate if you can advise with my case – Can I apply for the visa after that time and with the occupation?
      Thanks again.

    10. Hi Mark, first of all thank you so much for what you are doing. I personally appreciate your work and your wealth of information.

      I have a few concerns regarding my 457. It was approved on January 27, 2016 however, the company got liquidated. I found another sponsor, they lodged the transfer in May this year and got approved on the 29th last month. Will I still be able to get my PR through ENS with my current employer after working for them for 2 yrs? If not, is there any other option available? TIA

      • Hi Precy, if your visa got ‘transferred’ vs being considered as a new 457 application then you should still be able to apply for PR. I say this with the caveat that the information available publically is very scarce at the moment and we are unlikely to understand how 457 visa holders awarded prior to April 2017 will be fully impacted from a PR perspective until early 2018.

    11. Hi Mark,
      Thanks for your reply.

      Is the processing time include on the date of application lodged.if they asked additional information within how long they will that particular application.
      Thank you
      Neenu Sebastian

    12. Dear mark,

      I am a nurse and I applied for my 457 visa on 9/5/2017 and my employer submitted my nomination on 3/5/2017.on 29/5/2017 from DIBP asked for the evidence of my offer letter and position description.My employer submitted the documents on the same day.since then as per my employer their nomination application status is “application is currently being assessed”.It’s being two months completed as I was waiting for my nomination approval and my visa.could you please tell long does it take for the approval of the nomination and visa.

      • Hi Neenu, as per the processing times linked here, 75% of applications are processed within 61 days, however, note that 90% are processed inside 6 months so it can sometimes take a little while to process. Patience is key when it comes to Australian migration unfortunately Neenu

    13. Hi, Mark, I had already got 457 Visa from my sponsor. And also applied for RSMS 187. It’s been already 12 months of applying RSMS. The RSMS visas were refused before from the same company for cooks. So do you think is there any possibility of getting permanent residence in my case?
      Please kindly reply this message.

      Thank you.

    14. Hi Mark,
      I’ve been on a 457 for two years this September and my employer is happy to nominate me for PR. My skill has since been taken off of the list, can I still apply for PR?
      Thank you

    15. Hi Mark,
      What is not clear on the government website is whether one is approved for a 457 post 1 July 2017 based on the new criteria and on the MLTSSL (so max duration of 4 years), can one apply for PR after 2 years as is currently the case under a 457, or only after 3 years as under the TSS medium term stream?

    16. Hi Mark….can you extend a 457 visa under stsol and is there a pathway to gain residency under this visa….whats the condition of being granted between 2yrs and 4yrs under this visa. Why not grant 4yrs straight away

    17. Thank You Mark for your response. It is so relieving to know that the profession is still on list. If I am correct once 457 visa approved for 4 years I Can apply for PR after 2 years. Can you please confirm.

      Thank You

    18. Hi sir I just saw the news regarding 457 new list….no one mentioned about current 457 visa holders can you pls tell what happens for existing 457 visa holders after march visa is expering on feb 2018 can I apply extension of my visa I got only one and half year visa I finish my 2years in august 2018 can you pls tell

    19. Hi, I am currently in last semester of my Master of professional Advanced Accountancy. I have lodged 457 visa in the month of April. What are the chances of approval of 457 visa employer sponsorship. Is there will further changes to SOL or MTSL. Can you please clarify

      Thank You

    20. Hey mark

      Will the list maybe get things added back on? We went to australia as a family in febuary for a visit. We had a few meetings about jobs then a firm payed for my husband to go back over to have futher talks and see what he could do. We want to go so badly and have a job offer and sponsorship then floor finisher got taken off the list. Hoping it’ll go back on as the company still really want us. Or have to look at maybe another way (he fits karndean, saftey floor, wood floor, carpets) fingers crossed we find a way soon as hubby is 43


      • Hi Patricia. Jobs do sometimes get added back, however, unfortunately, floor finisher is not on the latest list.

        Wall and floor tiler are on the list so I’m unsure if his skills would be transferable to this occupation?

    21. Hi Mark,
      We are planning to apply for a 187 visa.
      What do you think if my occupation is not on the MLTSSL but we lodge the application before March do we still have chance to get the visa with the DE?
      My empoyer is happy to nominate but it has not happend so far.
      Thanks in advance,

    22. Hi Mark,
      I Have been working in Australia for more than a year under 457 Visa Category.Am I Eligible to apply for my PR in Two Years

    23. Hi Mark,
      I have lodged my 457 application on 18th April with an occupation that is on the STSOL but not on the new MLTSSL and requested the visa to be valid for 4 years.
      Do I understand it correctly that even though the changes has been implemented one day after my application, I still can get my visa for 2 years only in line with the new legislation?
      Thanks a lot for the help in advance.

      • Hi Kate, I would say your assumption is correct. Even though you applied, your 457 had not been granted at the time the changes were announced. As such the new conditions will apply to your 457 visa once awarded.

    24. Hi Mark,
      I got my 457 visa as a restaurant manager in march 2016 and would be eligible to apply for ens in March 2018.would i be able to apply for ens ? Or would i come under new changes ?TIA

    25. I have applied for sous chef on 21St april 2017 and haven’t heard from the immigration until now. Can I knw how long exactly it’s gonna take for the visa to arrive?? And will I get PR if I get the visa?? What is the time frame for 457 visa application as its been almost two months.. Thank you

      • Hi Jay

        457 Visa processing times from the migration web page here

        75 per cent of applications processed in 4 months
        90 per cent of applications processed in 7 months
        Last updated 14 June 2017 (for month ending 31 May 2017)

    26. Hi mark,

      I arrived in Australia in March on a 457 visa. I am currently sponsored under ‘parole and probation officer’ however this has now been removed from both lists. I am concerned that these changes will not grandfather the past terms of the 457 which allowed my role to transition to PR. Could you shed any light on this?

      Alternately I was thinking of asking my employer to Direct entry scheme me into another position title before March 18 (which is on the Short term list) however this would be risky.

      • Hi, I would urge caution on changing positions as this could impact any potential for your old occupation conditions being grandfathered.

        The most recent changes are significant and all we know at this time is that the conditions for people on 457’s before the changes will be grandfathered. Unfortunately, we have no further information regarding what ‘grandfathered’ means and as soon as the migration department releases something we will share it here.

        Sorry, I couldn’t be more help!



          • Unfortunately not Chris. The two big questions that everyone is wanting answers to are:

            Will people who were granted subclass 457 visas prior to the April changes, still be able to apply under the TRT pathway, irrespective of their occupation, after March 2018;

            Will people who have applied under the TRT pathway but have not had their applications finalised by March 2018, be retrospectively affected by changes.

            At this rate, I’m thinking we will only know for sure once the March Regulations are released.

    27. Dear mark
      Thanks for the above information. My question is can a cook apply for 489,190 visa as it is on STSOL list after completing a job ready program and have 50 points. Or can I apply for a cook occupation under 489 if I have 3 years of full time experience and without a job ready program. Or a job ready program is mandatory.

      • Hi Vikram, the job ready program will likely have little influence, see here for the criteria you will need to meet to meet the assessment criteria for this occupation

        • Dear Mark
          Thanks for your reply. Assessment criteria says AQF certificate IV in Australia which i have already. I am on 485 visa as I have completed my provisional assessment (360 hours) as a CHEF I have visa for 1.5 years while I am on 485. Now a employer is offering me a job but as a COOK not CHEF. My question is can opt for job ready program as a COOK with TRA, and after completing 1725 hours of work in the next one year while I am on 485 and subject to a full skills assessment as a COOK, can I lodge an EOI as COOK( On STSOL list) for 489 or 190 state sponsored visas.As 489 and 190 accept occupations from combined list.

    28. Hi Mark,

      Earlier my occupation featured on ACT occupation list (CSOL) state nominated visa 190, with changes to the list it now features under STSOL. The confusion I have is, that STSOL is short term list whereas 190 is PR visa. So in July when the new STSOL is available will I be able to apply for PR visa through state nomination or the occupation has to be on MLTSSL?

    29. Hi Mark ,
      We are granted 4 years 457 visa a year ago but due to business economic condition we can’t continue so we apply for nomination change in Jan 12 2017 in a cafe manager post . What are the affects of 457 visa changes to us ? Can we get nomination approval and if yes can we be able to pr after 2 years?

      • Hi, as long as you have completed two years of continuous employment and the occupation is on the MLTSSL at the time of application then you should be able to apply for PR on the basis that your 457 visa provisions are grandfathered. Please note, however, the definition og having your visa provisions ‘grandfathered’ is not currently 100% clear and the Australian government have advised that further details of the grandfathering provisions will be provided nearer March 2018 so these circumstances may change.

    30. Hi Mark,
      I’m looking to sponsor an employee under the video producer/ video editor skill this year and as his occupation is on the STSOL, is there a possibility of applying for a 2 year work visa and renewing it for another 2 years followed by an ENS 186 permanent residence application using 3 years on the work visa?

      • HI JD, yes you will be able to renew for a further two years, however, to sponsor for PR the occupation will need to be on the MLTSSL, there are currently no PR options for occupations listed on the STSOL.

      • Not really Edgrdo, however, there are some jobs on the MLTSSL which are also on the STSOL so in that regards there is the ability to gain PR in certain occupations.

    31. Dear Mark,
      thanks a lot for your post.Even I read it through and after reading updates from many different sources I am still confused with points regarding age limitation 45 and english testing IELTS 6 as not all informations are same.
      I would like to request you, if you can advice me how these changes affecting me or not?
      This is my summary:
      I am 45yo now and will be 46yo 22/1/2018.
      My 457 visa for “Chef” nomination were granted 2/11/2015.
      I am working as chef for this company already since June 2013.
      I have been in Australia already 13 years,since 2004.
      Most posts said,that current visa holders should’t be affected and they can continue with same condition but seems its not true.
      I was exempt to do IELTS when applied for 457 because I was able to show more then 5 years studying in english in Australia so I was told before whenever will apply for PR ,don’t have to do more english testing anymore.Same posts saying after July 2017 ,everybody need IELTS 6 in each module,same post said just after March 2018.
      Also my current age 45, is it problem, or it means only that I have to apply for PR before I reach 46 in January 2018?Or before new changes March 2018?
      Do you reckon should I consider direct entry stream in case I can be affected? I am just worrying how much time I have as not sure what can happen from July this year in case they will update something
      which can play against me.
      Thanks so much again for your hep and your time!
      I really appreciate that!

      Kind regards


      • Hi Rad, it is never too early to consider the direct entry stream if you qualify now. As we know things change so I would encourage you to apply if you qualify.

        The new age and IELTS requirements come into effect from 1st January 2017. The grandfathered provisions for holders of 457’s prior to 19 April still needs to be fully explained. The department of immigration has advised that they will provide more information for current 457 holders before March 2018. as soon as we have more info we will share it here until then we have no further insight beyond the information already shared, unfortunately.

    32. Hi Mark,

      If I were to secure a 4yr TSS visa from a role on the Medium list how many years work experience would I need? and could I secure this visa over the age of 45? Im assuming after 3 yrs on the TSS i could apply for PR if I am under 50 yrs of age?? Any info much appreciated

    33. Thank you Mark for your thoughtful breakdown.
      The govt changed my ability to get PR after 4 years on a self sponsored visa and have had to pursue a student visa. It appears I have no recourse to migrating to australia though I have spent 5 years in country. Thank you for your breakdown.

    34. Hi Dear
      I wanna ask I lodged my 457 Visa Nomination in March 17th 2017 in cook positions ‘ does it effect with the new changes do I have to withdraw or not kindly suggest ..?


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