YOU CAN NO LONGER APPLY FOR A 457 VISA?

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  • YOU CAN NO LONGER APPLY FOR A 457 VISA?

Think again!

Australian Immigration gates are NOT closed for Temporary Work visas. You may still be able to apply for a Temporary Work visa, the ‘Temporary Skill Shortage subclass 482′ (TSS) visa.

TSS visa (introduced mid-March 2018) replaces the old 457 visa, with a few similarities and dissimilarities.  To avoid confusion, a comparison is provided:

1.     TSS like the 457 visa continues to be a 3 step process; Sponsorship, Nomination and the Visa application.

2.     In 2017 two occupations lists were introduced, Short Term Skilled Occupations List (STSOL) and Medium & Long Term Skills Shortage List (MLTSSL). Occupations on STSOL were granted 457 visas for 2 years, and those on MLTSSL for 4 years.

Now-

STSOL – Short term visa

  •    Applicants with occupations on this list:

–    may be able to apply for a TSS visa for 2 years,

–   may also be able to renew for another 2 years whilst onshore, and

–   may also be able to apply for further TSS visas, but they must be offshore.

  •    STSOL occupation lists are usually reassessed every 6 months.

MLTSSL – Medium term visa

  •    Applicants with occupations on this list:

–   may be able to apply for a TSS visa for 4 years,

–   with possible Australian Permanent Residency after 3 years.

3.     The visa applicant was required to hold a substantive visa at the time of lodging an onshore 457 visa application. Now you can lodge an onshore TSS visa application while holding just not a substantive visa but also a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa.

4.     All TSS visa applicants must have a minimum of 2 years relevant work experience in their nominated occupation, undertaken in the last 5 years.

  •    This requirement eliminates most graduate students!
  •    However, work experience will be considered flexibly; part-time work experience may be considered.

5.     For 457 Sponsorships the sponsor required Training Benchmarks, A (2% of payroll expenditure) or B (1% of payroll expenditure). The TSS visa brings with it Skilling Australians Fund (SAF) to be paid by each sponsor at the nomination stage,

  •    Sponsors with a turnover of less than $10 million pay a training levy of $1,200.00 per year and those with higher turnover, $1,800.00 per year.
  •    This levy must be paid up front.

6.     A sponsorship approval of 18 months for start-up companies has now become non-existent!

7.     Labour Market Testing requirement by the Sponsor continues to be mandatory. However, advertisement of the nominated position on general classified websites may no longer be accepted.

8.     Other requirements such as meeting requisite skill level requirement, English language, health and character checks remain for every TSS nominee/visa applicant.

9.     There is an increase in TSS application fees by the Department of Home Affairs.

Contact Stephens & Tozer if you are unsure of these changes and/or situations such as:

  •    you are a current 457 visa holder or have a pending 457 visa application or wish to apply for a TSS visa and/or, are unsure of your future Australian residency prospects,
  •    you are a Sponsor who attained Sponsorship and/or Nomination under old 457 rules and are unsure of the current status.

We will be able to assist and guide you through these uncertainties.


Naga Putchala is a Senior Paralegal at Stephens and Tozer and admitted as a lawyer in India. Having worked with an immigration advice centre in Melbourne, before moving to Brisbane, has equipped her with substantial knowledge in Australian Migration Law, be it a Visa or Citizenship matter.  If you have any queries with regards to Australian Migration, please feel free to contact our migration team.

6 APRIL 2018

Category: All / Migration