Grandfathering provisions 

Affects 457 visa holders, that have had their occupations taken off the list, or now on the STSOL, or over 45 but under 50.

Grandfathering provisions relating to March 2018 were clarified in the  457-reforms- December 2017 newsletter.

The following Transitional arrangements were put in place in March 2018:

Subclass 457 holders as of 18 April 2017, and anyone having applied before that date but granted thereafter, can apply for the subclass 186 and 187 Temporary Residence Transition Stream (TRT) Stream.

These applicants will be able to apply currently, and after March 2018, even if their occupation is not on the Medium and Long-term Strategic Skills List (MLTSSL), provided that:

  •     they are under 50 years; and
  •     have worked for at least two out of the three years prior to a 186 nomination in the same position, in their occupation, for their employer on a subclass 457 visa.

Applicants will however still be required to meet additional subclass 186 and subclass 187 eligibility criteria in place at that time of application.

NOTE: The above applies, even if their occupation has been removed from the relevant occupation list or their occupation is on the Short-Term Skills List (STSOL)!

Eligible overseas workers will need to lodge their sponsored permanent visa 186/7 application by March 2022.
Access to these transitional arrangements by an overseas worker is not dependent on continuing to hold the same subclass 457 visa or working for the same employer.
The overseas worker can have since been granted subsequent subclass 457/482 visa(s) and been re-nominated by a different employer.

The New Temporary Skill Shortage (TSS) Visa

The new TSS visa will replace the subclass 457 visa from March 2018. The TSS visa will have two distinct streams, a Short-Term stream of up to two years and a Medium-Term stream of up to four years.

Eligibility criteria:

  •    occupation lists;
  •    onshore renewals;
  •    minimum English language levels;
  •    market rate min salary not less than the Temporary Skilled Migration Income Threshold (TSMIT);
  •    at least two years’ relevant work experience;
  •    mandatory labour market testing (with exemptions);
  •    mandatory criminal history checks;
  •    a requirement to pay a contribution to the Skilling Australians Fund; and
  •    a non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

How will employers sponsoring skilled workers contribute to training Australian workers?

From March 2018, employers nominating workers for the TSS visa, the subclass 186 or 187 visas, will contribute to the training of Australians through a Skilling Australians Fund (SAF) levy.

The levy will be payable in full at the time the worker is nominated, and will depend on the size of the business.

Please contact us if you wish to discuss any of the above and believe you meet the grandfathering provisions and are eligible to apply for a subclass 186 or 187 visa.

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