Working Visa

The Department of Home Affairs has just announced that the Skilling Australians Fund (SAF) charges will commence for nomination applications lodged from 12th August 2018. Requirements for training benchmarks will be abolished on and after this date.

DoHA just released its August Statement confirming SAF implementation starting before end of Sept. Training benchmark will no longer apply after SAF implementation. https://www.homeaffairs.gov.au/visas/supporting/Pages/employer-sponsored/employers-agreement-stream.aspx?modal=/visas/supporting/Pages/482/saf.aspx

DoHA just released its August Statement confirming SAF implementation shortly before end of Sept. Training benchmark will no longer apply after SAF commencement. https://www.homeaffairs.gov.au/visas/supporting/Pages/employer-sponsored/employers-agreement-stream.aspx?modal=/visas/supporting/Pages/482/saf.aspx

According to the recent update, the Home Affairs Department will no longer request information on sponsor’s training compliance on and after SAF implementation date. Although the Department has yet to set an official date, it has announced that the SAF implementation, which was passed by the Australian Parliament on 9 May 2018, is expected to commence during the first quarter of the 2018-2019 financial year.

Regarding training benchmark requirement, Home Affairs has its most recent advice (3/2018):  Additional advice on training requirements The Bills to implement the SAF levy are currently before the Parliament. As a result, for ENS and RSMS applications lodged on or after 18 March 2018: DE stream nominations will still need to meet the training benchmark requirements. TRT stream nominations will still need to meet training compliance requirements – although a flexible approach will be taken to assessing such compliance during the period between July 2017 and July 2018 consistent with current subclass 457 policy arrangements. Note: Training compliance information will no longer be collected on ENS/RSMS application forms from the date of SAF levy implementation. Pipeline TRT stream nominations that remain on hand when the SAF levy is implemented will still be assessed against training compliance requirements where the training obligation was in place for the full year of their standard business sponsorship. There will be no assessment of compliance for part-years before SAF levy implementatio

Regarding training benchmark requirement, Home Affairs has its most recent advice (3/2018): Additional advice on training requirements The Bills to implement the SAF levy are currently before the Parliament. As a result, for ENS and RSMS applications lodged on or after 18 March 2018: DE stream nominations will still need to meet the training benchmark requirements. TRT stream nominations will still need to meet training compliance requirements – although a flexible approach will be taken to assessing such compliance during the period between July 2017 and July 2018 consistent with current subclass 457 policy arrangements. Note: Training compliance information will no longer be collected on ENS/RSMS application forms from the date of SAF levy implementation. Pipeline TRT stream nominations that remain on hand when the SAF levy is implemented will still be assessed against training compliance requirements where the training obligation was in place for the full year of their standard business sponsorship. There will be no assessment of compliance for part-years before SAF levy implementation. ........... is it correct if I understand that after SAF is implemented, the immigration dept or Home Affairs will not require my sponsor/employer to submit information on training obligation for 2 years of my 457 visas that I have been on? Instead, my sponsor/employer will only have to pay a levy of $3000 upfront. (I have been on my 457 visa since 10/2016 and my sponsor/employer will lodge 186 sponsorship in 10/2018). Thanks everyone

Hi everyone. I was on 457 visa from 10/2016. In 10/2018, my employer will lodge his nomination for my 186 visa under TRT. In this case, does my employer have to pay: 1. $3000 to Skilling Australia Fund, and 2. An amount complying with training bench mark requirement covering periods 10/2016-6/2017 and 7/2017-6/2018. OR my employer has to pay ONLY $3000 to Skilling Australia Fund? Appreciate if someone can help with advice or information. Thank you

Good news for all who have been anxious since April. My agent has finally confirmed to me after getting official communication from DIBP: Grandfathering Provisions for 457 Holders or Applicants as of 18 April 2017 The Department of Immigration has announced that 457 holders and applicants as of 18 April 2017 will not need to meet all of the new requirements. These "grandfathered" 457 holders have access to transitional provisions which would preserve their eligibility for ENS and RSMS through the Temporary Residence Transition Stream. To be eligible for the transitional provisions, you must either have: Held a 457 visa as of 18 April 2017; or Have a pending 457 visa application as of 18 April 2017, and this application was subsequently granted Grandfathered applicants will not need to meet all the new requirements when applying for Temporary Residence Transition Stream ENS and RSMS visas from March 2018, and in particular: Occupation: grandfathered applicants will be able to apply even if their occupation is not on the MLTSSL Age: they will be able to apply providing they are under 50 years Work Experience on 457 Visa: they can qualify once they have worked in their occupation for their employer on a 457 visa for 2 years Grandfathered applicants will still need to meet the requirements for minimum salary (TSMIT) and payment of the training levy from March 2018.

Just requote a post from Raul short time ago More details about grandfathering arrangements for people who held or applied for a subclass 457 before 18 April 2017: "People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream: - occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa); - the age requirement will remain at less than 50 years of age; and - the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years."

With its legitimacy to run Australia is at greater risk than ever, the government’s tone on visa crackdown seems more softened in its September news letter. “from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will CONTINUE to have access to an employer sponsored pathway to permanent residence”. Good news is that this time they allow even existing 457 applicants (18 April) to access permanent residence. Expect DIBP will translate their words into deeds soon.

Turnbull's govt is in crisis and its legitimacy to run Australia is in question. In the event that the government loses its legitimacy/majority and a new government comes to power, what would be the prospects for all "deadlines" for visa changes like 3/2018? What would be the fates of all changes/policies that have been introduced and approved by an illegitimate government? Appreciate if people could share thoughts.

It has been CONFIRMED by DIBP in its mid June announcement concerning age limit for ENS186 TRT stream from March 2018. Under 45 age limit will apply from 1st March 2018. This limit is understandable for DE but not fair for TRT stream applicants whose visas were CURRENT on 18 April 2017. To be fair, equal and avoid retrospectivity in policy setting, grandfathering arrangements should be given to those already on 457 visa on 18 April 2017. http://www.border.gov.au/WorkinginAustralia/Pages/1-July-2017-changes.aspx