18 April Announcement – Skilled Occupations (457 Visa Changes)

 

Nilesh Nandan’s 457 Video Transcript

Hi! You’ll agree the changes to 457 visa laws are confusing and if you are scratching your head, you are not the only one.

I’ll share with you what simple steps you now must take because of the 457 Visa announcements.

It’s a simple 3 step process to get you confident about where you stand right now. Sound interesting?

First – FIND your occupation on one of the new lists.

Second – WORK out if your occupation attracts a red flag.

Third – MAKE SURE you can overcome any red flag hurdles.

I’ll take you through some scenarios in a moment and I’m sure that one of these scenarios will be relevant to you. But first, let’s take a look at what has changed.

The NEW employer-sponsored program is best understood if you think of the change as SIMPLY the introduction of three NEW lists.

I’ve given each new list a nickname because the names given by Immigration are horrendous. Even as an Immigration lawyer, I find them confusing and I’m certain you’ll agree.

Also, I’ve included all the lists at the bottom of this post.

So here are the lists you need to know about:

The Medium & Long Term  Strategic Skills List (MLT-SSL) – I call this the good list.

The Short Term Skilled Occupations List  (ST-SOL) – I call this the bad list

The List of occupations to which caveats applyI call this the red flag list.

The good list allows a pathway to permanent residence and that is exactly why I call it the good list.

The Bad List might get you a visa but it offers no permanent residence pathway and it is only renewable once.

And the red flag list is the list of occupations that the Department of Immigration has special rules for.

Take a moment to look at these lists now below or on our website myvisa.com.au.

In a perfect world, your occupation will be on the good list.

But it’s not a perfect world and if your occupation is not on any list, remember that you are not alone.

However, if your occupation is not on any list, then you have a real problem and you’ll need to seek advice about your options FAST because the employer-sponsored program is no longer the problem for you.

If your occupation IS on a list, then you’ll need to check if your occupation is “red-flagged”.

If your occupation is on the RED FLAG list then you’ll need to overcome ADDITIONAL hurdles and address the extra concerns which the Department has with you REG FLAGGED occupation.

Ok. Let’s take a look at some scenarios:

Do you currently hold a 457 visa?

The good news is that nothing has changed with your 457 visa validity. Therefore, the scope and duration of the 457 visa already granted to you remain unchanged by these announcements.

If you are looking to lodge an ENS application, but you have NOT done so then you should lodge an ENS visa application SOONER rather than later.

Why? Because it seems from the announcement that things will only get tougher.

If you are looking to lodge another 457 visa then you’ll need to understand the new lists. Additionally, you should also be on the look-out for any other changes that might soon be announced.

Already lodged a 457 visa or Nomination and a decision has NOT yet been made? As a result, you’ll need to act quickly. You’ll need to make sure that what you have lodged complies with the new rules because the announcement applies to all PENDING applications, pending after 19 April 2017.

If you have appealed a 457 visa or Nomination refusal already then be aware that the AAT will apply the NEW rules to their review of your case:

In most cases, you might be better off by withdrawing your pending 457 visa application or any pending application for REVIEW that you may have filed in the AAT or to the federal circuit court.

Let me now give you some tips on what you should be doing now to get a better employer-sponsored visa outcome:

If you’d like to be proactive at this time:

– Get hold of all your work experience documents because this will be crucial going forward.

– Get a police clearance because these will soon be mandatory.

– Improve your English because higher results will be required for all occupations soon.

– Withdraw any pending applications if they are doomed for refusal.

– Get a strategy together for getting your skills assessed

In summary here are the three things you must do:

First – FIND your occupation on one of the new lists.

Second – WORK out if your occupation attracts a red flag.

Third – MAKE SURE you can overcome any red flag hurdles.

I’m Nilesh Nandan. I practice as an Immigration Lawyer at MyVisa® Australia. So, if you feel you need further help due to these changes then please call me. You can book a consult to meet with me at any of our offices in Sydney, Melbourne, Brisbane or Perth.