1 year into 2nd 457

[jakc]

My good friend (American citizen) has lived in Australia for around 7 years now.

• Initially a student visa;
• had a 457 visa for just under 2 years;
• ~1 year into her 2nd 457 visa with a new employer (same profession - Environmental Scientists (nec)) 

Trying to get our head around the recent changes to 457 and what her best option is. 

I cant spot her profession on the removed list and Its on the MLTSSL/STSOL list

However, trying to work out what her situation is come March 2018.  

She won't have been on her 457 long enough (2 years is in late April 2018) to apply for a 186

Any ideas or those in a similar situation who might have done more homework than myself?  

 

[Raul Senise]

The latest changes are extensive and complex.

She would be best to seek professional advice to assess her specific situation.

There is already a lot of misinformation and misunderstanding doing the rounds.

Trying to plot a visa course based on forum advice or word of mouth, at the moment is ill advised.

[jakc]

Thanks Raul.  Had some bad luck with migration agents twice in the past, so will only revert to that if things get more tricky.

Anyone else in a similar boat who has worked out what the pathway will be for transitioning to an 856 after March 2018?

I saw mentioned in another post:

Quote

 

Marina Brizar, head of corporate and private client at immigration law firm Playfair Visa and Migration Services, said there was a grace period for people currently on 457s to apply for permanent residency. The changes to residency eligibility will not kick in until March 2018, so 457 holders have until then to submit their residency applications. In a statement, the Department of Immigration and Border Protection confirmed this.

"Existing 457 visas will continue to remain in effect until they expire. As is currently the case, a 457 visa holder who wishes to remain in Australia beyond the validity of their current visa, must apply for a new visa before their current visa expires," a department spokeswoman told HuffPost Australia.

"Existing 457 visa holders and applicants as at 18 April 2017 will continue to have access to existing employer sponsored pathways to permanent residence. Further details will be published on the Department's website in due course."

The red bit was new to me.  I assumed her 457 would just be cancelled on March 18th, as opposed to when it expires which is another ~3yrs.

The blue bit I need some more info on.   Want to know if the 186 will still apply and she can go through the Temporary Residence Transition stream, or if there will be another process in place.

 

 

[Raul Senise]

There are no Regulations or Policy in regards to the changes to the subclass 186 visa pathway, as they are proposed changes. As such the information is limited to what is on the Immigration website, which is not clear and in some cases contradictory. This is leading to much speculation and confusion.

It has been stated that current 457 visa holders will not be affected and the current rules will apply to them, although this is contradicted by the statement which says all ENS and RSMS post March 2018 will need to nominate an occupation on the MLTSSL.

The reality is that until changes are actually made and the relevant Regulations and Policy are released, all will be speculation.

In my opinion there will be changes to latest proposals, as in their current form they will be crippling to many Australian industries.