Australia: New Occupation Lists for Subclass 457 and Employer Nomination Scheme Take Effect

The Australian Government released new Medium- and Long-Term Strategic Skills List and the Short-Term Skilled Occupation List for the Subclass 457 Visa program and Direct Entry Nominations of the Employer Nomination Scheme. Additionally, the Subclass 457 category now requires English language proficiency for applicants with salaries above AUD 96,400, whereas previously these applicants were exempt. The exemption from the English language proficiency requirement will remain for intracompany transfers.

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Jul 07, 2017
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As outlined in our earlier client alerts , the Prime Minister and the Minister for Immigration and Border Protection announced significant changes to the Temporary Work (Skilled) (Subclass 457) and permanent employer sponsored visa categories. The Department of Immigration and Border Protection (DIBP) has released further detail of the proposed reforms in a Frequently Asked Questions document on its website. Key changes to the Medium- and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL) and the Subclass 457 Visa program took effect on July 1, 2017.

Updated Occupation Lists for MLTSSL and STSOL Effective July 1, 2017
Twelve occupations have been removed from the occupation lists. The new occupation lists apply to applications submitted on or after July 1, 2017, as well as those submitted prior to this date which remain pending with the DIBP.  The following are notable additions to the MLTSSL and the STSOL lists:

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Additionally, caveats apply to 67 occupations on the MLTSSL and STSOL restricting the use of these occupations for the Subclass 457 and Employer Nomination Scheme visa programs based on factors, including, but not limited, to the following:

  • Minimum work experience required;
  • Location of the position;
  • Nominated base salary; and
  • Size and turnover of the nominating employer.

Subclass 457 Visas and English Language Salary Exemption
As of July 1, 2017, an English language proficiency requirement has been added for most new applicants who were previously exempt due to their base salary being above AUD 96,400. The exemption is still in effect for intracompany transfers where the Subclass 457 Visa holder will be working in Australia on transfer between associated entities.

What This Means for Employers and Foreign Nationals
Employers and foreign Nationals should be aware of the modifications to the occupation lists and changes in requirements for Subclass 457 and Employer Nomination Scheme visa programs. Fragomen will continue to analyze the new occupation lists, including the revised caveats, and will provide further updates soon. The content of this alert is provided for information purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen in Australia or send an email to fragomenclientcorrespondence@fragomen.com.

MARN: 0004980

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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