457, ENS, RSMS: FAQs after the introduction of changes in the Visa rules

Frequently Asked Questions Related to Australia 457, ENS, RSMS Visas

Posted by Aussizz Group on August 05, 2017

As we mentioned in our previous blog, there are many changes that the Australian Government has introduced to the Visa Rules. This has major effect on the Visa Subclasses 457, 186 (Employer Nomination Scheme), and 187 (Regional Scheme Migration Sponsor). We penned down the changes that were announced in April, July this year and those that are expected to be announced in December, 2017 and March, 2018.

We have been getting a lot of questions related to the changes and how it will affect the individuals who are already holding or are planning to apply for either one of these three visas. Here, we answer those frequently asked questions.

What will happen to the 457 visa holders who are completing their 2 years after March 2018?

Australia’s Department of Immigration and Border Protection (DIBP) has not yet issued any statement regarding that. As soon as we have any information from the DIBP, we would provide the update.

I am on 457 visa and want to change my employer. Can I do that?

Yes, it is possible. You must ensure that the transition between sponsoring employers is smooth or you could risk breaching your visa conditions. When changing employer your new employer must be an approved sponsor and they must nominate your occupation. Until this nomination is approved, you must not commence work with your new sponsor. If you do begin your new job prior to the paperwork being finalised, your visa could be cancelled and this is a breach of your 457 visa conditions. The new sponsor may need to prove that the position is a genuine requirement for their business and that they are offering a ‘market rate’ salary. They may also need to show labour market testing and, depending on your passport, you may need to sit the IELTS English test.

My 457 visa will expire in April 2018 so can I apply for PR with previous rules or are the new rules applicable?

People holding 457 who will complete their 2 years before March 2018 are unaffected by the changes and can apply for the ENS as long as they complete their 2 years before March 2018.

What about the new SOL for 2017-18 for 189 Visa? Have they released? What about accountants, will they remove this occupation?

Yes, the new SOL for 2017-18 for 189 Visa has been released and Accounting is in MLTSSL.

If I hold 457 Visa, what happens after the period of stay gets over?

If you complete 2 years before March 2018 then you can still apply for the Australian PR. For current 457 holders who will complete their 2 years after March 2018, the Immigration Department of Australia has not updated the information regarding the criteria.

What happens to the applicants who have lodged their 457 visas just before the changes have been introduced?

Currently it takes around 4-6 months for 457 visa application process. You can get the 457 granted for 2 years if your occupation falls in the skilled list but if it is on the STSOL then it doesn’t lead to PR.

I’m currently a 457 visa holder for 2 years, and now I want to apply for PR before March 2018, do I need IELTS to apply for PR?

Yes, you will require IELTS 6 bands to be able to apply for PR from July 2017 onwards.

I am on 457 Visa and it expires after July 2017. Will I be eligible to apply for PR?

As per the current rules you can apply for 186 transition stream (TRT), if you complete the 2 years on 457 Visa before March 2018. But if you do so after March 2018, there will be new requirement which will be you would have to complete 3 years with your employers. Then, you will not be eligible to apply for that stream.

My 457 Visa will expire in 2018. So, will the new rules be applicable to me?

If your visa expires after March 2018 then new rules will apply to you.

Do I need 3 years’ experience before applying for 457 or after?

If you apply for 457 or RSMS visa before the Mar 2018 then it is not mandatory to have work experience in the particular occupation. But if you apply after March 2018, you will require 2 years of experience and if you want to apply for RSMS visa, you need to have minimum of 3 years of exp.

I am on 457 Visa and my occupation is still on the MLTSSL list. Am I still eligible to apply for PR?

If you complete your two years before March 2018 and your occupation is still on MLTSSL then yes, you are eligible to apply for PR under ENS transition stream.

Hope we have been able to answer your concerns related to the 457, ENS & RSMS Visas. If you have any further questions or doubts, you can feel free to contact our team.

Aussizz Group have always strived to provide best solution for any problems related to the Australian Visa. We are delighted to have assisted so many clients and helped fulfil their overseas dreams.

 
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