acc020202 Posted April 18, 2017 Share Posted April 18, 2017 Hi all, Just wondering what will happen for the 457 Lodged before the new policy, are they turn out with New replacement visa or still follow the old rule? I am a Fashion Designer, 457 VISA lodged on mid of Fed, and just found out my job shifted to Short Term job list (2 years, cannot apply PR) under the new policy. Anyone know the outcome would be? Thanks Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 19, 2017 Share Posted April 19, 2017 You will be treated under the new policy. Quote Link to comment Share on other sites More sharing options...
Newintown17 Posted April 19, 2017 Share Posted April 19, 2017 My 457 visa application was submitted 2 weeks ago under a profession that is now one of the 16 professions restricted to Skilled-Regional(Provisional) (subclass 489) (if the applicant is not nominated by a State or Territory government agency). Removed occupations On 19 April 2017, 200 occupations were removed entirely from the STSOL. See:List of the removed occupations A further 16 occupations on the MLTSSL were restricted to only apply to the following visa programmes: Skilled – Independent (subclass 189) Temporary Graduate (subclass 485) Skilled-Regional(Provisional) (subclass 489), if the applicant is not nominated by a State or Territory government agency See: Medium and Long-term Strategic Skills List (MLTSSL) These changes will only apply to new applications lodged on, or after, 19 April 2017 for: Employer Nominated Scheme (subclass 186) – Direct Entry Stream Skilled Nominated visa (subclass 190) Skilled Regional (Provisional) visa (subclass 489) - if nominated by a State or Territory Government Training visa (subclass 407) However, for the subclass 457 programme for any of these removed occupations on, or after, 19 April 2017: no visa applications can be granted no nomination applications can be approved. How does this apply to my 457 visa application submitted on the 5th April 2017 (before the 19th April), will it be unaffected by the changes, based upon the info above. Also, will I fall under the new regime for progression onto PR (3 years as opposed to 2)? you can access the info at http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists TIA Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 19, 2017 Share Posted April 19, 2017 I haven't seen it on DIBP's website, but I've seen a couple of references to "if your occupation has been removed from the list, DIBP will allow you to withdraw your application and your application fee will be refunded". I'd suggest you speak with a migration agent. Quote Link to comment Share on other sites More sharing options...
Elliot Posted April 20, 2017 Share Posted April 20, 2017 what if your occupation is still on the list but the caveats now state 2 years experince? My application is processing but the 2 year rule was not applicable when submitted. Quote Link to comment Share on other sites More sharing options...
Newintown17 Posted April 20, 2017 Share Posted April 20, 2017 2 hours ago, MaggieMay24 said: I haven't seen it on DIBP's website, but I've seen a couple of references to "if your occupation has been removed from the list, DIBP will allow you to withdraw your application and your application fee will be refunded". I'd suggest you speak with a migration agent. I have an MA working on my behalf, but I'm yet to hear anything from them as (understandably) they want to ensure they have all the facts in hand before advising on any action... So I am carrying out some of my own homework on the matter, in order to better understand what may come to happen. Here is my frustration... I have re-visited the same page on the IMMI website (http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists) today, to find the same section I posted yesterday has since been completely re-worded with additional information, giving a completely different indication to the prior statements made yesterday. How can new policies be implemented without finalizing the informative documentation beforehand, instead they are making changes on the fly whilst still enforcing a new rule-set. Not only is it all extremely conflicting, but completely unethical; make changes, yes, but allow the time to properly 'line up all of the ducks before shooting'... does any of this not breach any laws? Quote Link to comment Share on other sites More sharing options...
theveed Posted April 20, 2017 Share Posted April 20, 2017 According to many MA, if you lodged before the announcement, then you fall under the old 457 rules. However, as the new rule will be in place next year (March), unless you've already completed your 2-year 457 obligation, after Mar 18, you'll be following the new TSS rules and the 457 no longer applies when you apply for a PR. So if you apply for your PR before March 2018, you'll be fine (assuming your employer sponsors), if not, and you're not in the SOL (or whatever the 4-year TSS Occupation List is called now), then you don't have a pathway for PR and you can only renew once for an additional 2 year stay. Quote Link to comment Share on other sites More sharing options...
Welshtone Posted April 20, 2017 Share Posted April 20, 2017 14 hours ago, Newintown17 said: I have an MA working on my behalf, but I'm yet to hear anything from them as (understandably) they want to ensure they have all the facts in hand before advising on any action... So I am carrying out some of my own homework on the matter, in order to better understand what may come to happen. Here is my frustration... I have re-visited the same page on the IMMI website (http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists) today, to find the same section I posted yesterday has since been completely re-worded with additional information, giving a completely different indication to the prior statements made yesterday. How can new policies be implemented without finalizing the informative documentation beforehand, instead they are making changes on the fly whilst still enforcing a new rule-set. Not only is it all extremely conflicting, but completely unethical; make changes, yes, but allow the time to properly 'line up all of the ducks before shooting'... does any of this not breach any laws? Unfortunately, your Nomination and visa must be refused if not withdrawn - I expect the occupations to be withdrawn from the MLTSSL effective 01 July 2017 so if you have skills Assessment and 3 years experience before then, you could look at Direct Entry 186 ENS visa but you must apply before 01 July 2017 and hope that there will be saving provisions for those who have already applied before 01 July 2017 - even though no such provisions wre there for yoru 457 application - saving provisions are more likely with changes to permanent visas - this is your only hop[e as I see it Regards Tony Quote Link to comment Share on other sites More sharing options...
Welshtone Posted April 20, 2017 Share Posted April 20, 2017 15 hours ago, Elliot said: what if your occupation is still on the list but the caveats now state 2 years experince? My application is processing but the 2 year rule was not applicable when submitted. Hi You need to check the caveat as it will apply to your 457 Nomination and visa - I think it will say that the position has to require someone wit hat least 2 years relevant experience - does your nomination state this ? if it does, the nomination could be approved. then they will want you to have the 2 years experience when they look at your visa application. So depending on how much experience you have, you may be able to sort this now or withdraw visa and relodge later or withdraw both and re-lodge new Nomination requiring experience and then lodge 457 via when you have that experience Regards Tony Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 20, 2017 Share Posted April 20, 2017 19 hours ago, Newintown17 said: Here is my frustration... I have re-visited the same page on the IMMI website (http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists) today, to find the same section I posted yesterday has since been completely re-worded with additional information, giving a completely different indication to the prior statements made yesterday. How can new policies be implemented without finalizing the informative documentation beforehand, instead they are making changes on the fly whilst still enforcing a new rule-set. Not only is it all extremely conflicting, but completely unethical; make changes, yes, but allow the time to properly 'line up all of the ducks before shooting'... does any of this not breach any laws? I agree that the way these changes have been implemented are not ideal and causing much confusion and fear. One of the big problems is that only a small part of what has been stated is actually Law. Currently, only the Occupation Lists for some visas has changed. Much of what has been released are proposed changes. As such there are no accompanying Regulations or Policy, so no real assessment can be made. As you have seen, even the information being released by the Immigration Department is changing regularly. 1 Quote Link to comment Share on other sites More sharing options...
Marianne Smith Posted April 25, 2017 Share Posted April 25, 2017 On 21/04/2017 at 7:54 AM, Raul Senise said: I agree that the way these changes have been implemented are not ideal and causing much confusion and fear. One of the big problems is that only a small part of what has been stated is actually Law. Currently, only the Occupation Lists for some visas has changed. Much of what has been released are proposed changes. As such there are no accompanying Regulations or Policy, so no real assessment can be made. As you have seen, even the information being released by the Immigration Department is changing regularly. Nobody knows with certainty when specific details of the new legislation will be released. However, is it reasonable to expect them to be released this week or the one after ? Or could it take a month ? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 25, 2017 Share Posted April 25, 2017 If last week was an example, I do not expect them to be released until they come into force. Quote Link to comment Share on other sites More sharing options...
acc020202 Posted April 25, 2017 Author Share Posted April 25, 2017 I think those new 457 policy mess up many applicants like me and their plan.... What i can say is those changes are not fair to all the applicants who had submitted their VISA application before 18th April.... That make me so depress for this country. Quote Link to comment Share on other sites More sharing options...
Newintown17 Posted May 16, 2017 Share Posted May 16, 2017 Just to give you guys an update on the situation i posted last month..... I had submitted my application some 2 -3 weeks prior to the changes announced on the 18th April and as with everyone else in the same predicament, I was waiting anxiously for a decision.... Well the good news is that they approved my 457 application for Engineering Professional nec (position - Industrial Engineer) on the 5th May 2017, however, I have been affected by the policy changes. As Engineering Professionals nec has now been moved to the Short term skills list, I have only been granted a 2 year Visa with no eligibility to progress onto PR through the 186 sponsored visa scheme. Not the end of the world i guess, it just makes the process a little more difficult and long winded with the added hoops to jump through for PR through the 189 visa route. Although it could be seen as a blessing in disguise... PR could potentially be achieved sooner through the independent route compared with the 186 sponsored visa, just have to play the 'new game' now.... Diolch a phob lwc/thanks & good luck! 1 Quote Link to comment Share on other sites More sharing options...
Nelliwoo Posted May 16, 2017 Share Posted May 16, 2017 Congratulations Newintown17. I must have submitted my application around the same time as you (22nd March) and I am still waiting. I've also moved to the short term skill list. Well done, you must feel relieved to have your visa at last! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted May 17, 2017 Share Posted May 17, 2017 On 5/16/2017 at 15:34, Newintown17 said: As Engineering Professionals nec has now been moved to the Short term skills list, I have only been granted a 2 year Visa with no eligibility to progress onto PR through the 186 sponsored visa scheme. Not the end of the world i guess, it just makes the process a little more difficult and long winded with the added hoops to jump through for PR through the 189 visa route. Although it could be seen as a blessing in disguise... PR could potentially be achieved sooner through the independent route compared with the 186 sponsored visa, just have to play the 'new game' now.... Note that as your occupation is on the Short Term List, you are not eligible to apply for a subclass 189. You will need to look at applying under the subclass 190. Quote Link to comment Share on other sites More sharing options...
Newintown17 Posted May 17, 2017 Share Posted May 17, 2017 1 hour ago, Raul Senise said: Note that as your occupation is on the Short Term List, you are not eligible to apply for a subclass 189. You will need to look at applying under the subclass 190. Hi Raul, yes for that occupation you're correct. However, my profession is as a Mechanical Engineer (12 years), but for some reason my employer chose Professional Engineer nec during the nomination stages (new HR Manager), which has meant us being caught by the policy changes. So I am looking to apply as a Mechanical Engineer for the 189 visa, but will also read up on the subclass 190 to see what options that provides. Quote Link to comment Share on other sites More sharing options...
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