Part 2: The transition from subclass 457 to TSS
Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program. It is, however, important that agents understand transitional arrangements that are expected to be in place for nomination and visa applications so that they can plan accordingly with their clients and not wait until the last minute to lodge applications.
Subject to final approval of transitional arrangements, it is expected that:
- if subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
- if a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become 'redundant' as subclass 457 nominations cannot be linked to TSS visa applications, even where the nomination has already been approved (subject to the specific scenarios below).
Arrangements will be put in place to ensure that such 'redundant applications' can be finalised and/or withdrawn with a refund of the fee provided. To avoid delays or unnecessary additional processing steps, RMAs are, however, strongly encouraged to:
- lodge complete subclass 457 nomination and visa applications together before the end of February, or
- postpone lodgement until commencement of TSS.
Note:
- Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) will be able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS visa linked to their family's subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
- Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS nomination application to facilitate this as per current arrangements.
- Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.
Transitional arrangements - subclass 457 visa holders and applicants applying for permanent residence after March 2018.
Advice regarding the impact of recent reforms on subclass 457 visa holders and applicants who wish to apply for permanent residence remains available on the Department's website at: Impacts for existing 457 visa holders wishing to apply for permanent residence.
These arrangements remain subject to final approval. A summary table has, however, been provided below to assist agents to determine which options may remain available to their clients.
Note: These transitional arrangements are relevant for TRT stream applications only. No transitional arrangements are in place for Direct Entry (DE) stream applicants who are expected to meet the requirements in place at time of application. New requirements will not be applied to pipeline applications.
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Client Cohort
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TRT requirements expected to apply
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Client held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a TSS visa/related bridging visa at time of application
or
Client lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continues to hold this visa or a TSS visa/related bridging visa at time of application.
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New requirements apply subject to the transitional provisions outlined below:
· occupation list requirements will not apply;
· the age requirement will remain at less than 50 years of age with existing age exemptions still available; and
· the minimum period an applicant is required to have been employed in their nominated occupation as the holder of a subclass 457 or TSS visa will remain at two years.
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