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IMPACT – HIGH
What is the change? Employers are reminded that important changes to permanent employer-sponsored skilled categories take effect in early March when the subclass 457 visa programme is terminated and replaced with the Temporary Skills Shortage visa. Transitional provisions will apply to certain subclass 457 employees applying for permanent residence after March.
What does the change mean? Foreign workers sponsored under the Employer Nomination Scheme and the Regional Sponsored Migration Scheme will be subject to stricter criteria as detailed below. However, employees who held, or applied for, a 457 visa on 18 April are eligible to be considered for permanent residency under transitional provisions that use the old criteria for occupation, age requirements, and minimum tenure.
Background: Below are the new criteria for ENS and RSMS schemes and a chart indicating who is eligible for certain transitional “grandfathering” provisions.
Eligibility for transitional provisions:
or
Employee lodged a subclass 457 visa application on or before 18 April 2017 and was subsequently granted this visa, and continues to hold this visa or a TSS visa or related bridging visa at time of application for ENS or RSMS.
BAL Analysis: Employers should prepare for the changes as they consider sponsoring employees for permanent residence under the ENS and RSMS routes. Companies are also encouraged to work with their BAL professional to preserve the grandfather rights of employees who qualify under the transitional provisions. Immigration authorities also confirmed that the new ENS and RSMS criteria will not be applied to pending applications.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 0101248
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