Understanding 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Arrangements will be put in place to ensure that such 'redundant applications' can be finalised and/or withdrawn with a refund of the fee provided.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.

·         The 'one onshore renewal' rule included in the Government's April 2017 announcement, applies to TSS visas in the short-term (ST) stream only – it does not apply to existing subclass 457 visa holders who are seeking their first TSS visa. That is, this new rule will only impact them if:

o    they have previously been granted two or more TSS (ST) visas

o    their previous TSS (ST) visa was applied for onshore and

o    they apply for another TSS (ST) visa.

News from Dept of Home Affairs (formerly Dept of Immigration and Border Protection)

Photo: CTTO