TeeTMI Posted May 15, 2017 Report Share Posted May 15, 2017 Changes anticipated to the 186/187 Employer Nominated visas as of 1st July 2017. The MLTSSL will be revised based on advice from the Department of Education and Training’s 2017-18 review. The STSOL will be reviewed again based on feedback from the Department of Employment. 'Competent' English (http://www.taylormadeimmigration.com/EnglishScores) will be required for Primary visa applicants in both BOTH Direct entry and Transitional streams Direct Stream - <45 in age at time of application Transitional Stream - <50 in age at time of application (reduces to <45 in march 2018) Quote Link to comment Share on other sites More sharing options...
Eyebrow Posted May 15, 2017 Report Share Posted May 15, 2017 Will the normal exemption criteria for language still apply? applying through the Temporary Residence Transition stream and they have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English. Quote Link to comment Share on other sites More sharing options...
Eyebrow Posted May 15, 2017 Report Share Posted May 15, 2017 Does the partner of the main applicant also have to prove competent English for PR? Or is it only for citizenship? Thanks! Quote Link to comment Share on other sites More sharing options...
WayneACT Posted May 22, 2017 Report Share Posted May 22, 2017 Does anyone know if this applies to pre-rule change 457 visa holders? According to statement from government, existing 457 visa holders will have a grandfathering clause applied so will remain unaffected with the original conditions of their visa remaining in place including their pathways to PR. An example, if you have been on 457 visa for 1 year and you are 47 years old, can you apply for PR 186 visa via direct entry after 1 July 2017 or PR 186 via transition stream after March 2018? Quote Link to comment Share on other sites More sharing options...
JulesR Posted May 22, 2017 Report Share Posted May 22, 2017 Hi @TeeTMI. Thanks for this info. How would one gain access via the Transitional Stream for 186/187? Sorry if this a silly question, but I am getting so confused with all the visa options. Come 1 July, I'm going to be over the <45 age limit and am wondering what options will be available to me. (My occupation is on the STSOL list at the moment.) Quote Link to comment Share on other sites More sharing options...
TeeTMI Posted May 23, 2017 Author Report Share Posted May 23, 2017 Hi to all of you, I understand your questions. To be upfront with these recent changes there are now a wide variety of scenarios so it becomes increasingly difficult to answer without wider details. For example in addition to the occupation list changes in April there were also caveats placed on some occupations which limit their use in certain circumstances and we expect more changes (including to occupations and more caveats) which may impact the employer nominated visas further. With regard to what the government have stated as their intention in the media, the key factor is what is stated within the legislation when it is published. The information we currently have is the interpretation of what we are expecting (no specific legislation/policy) and over the last few weeks we have had a number of pieces of information corrected after being announced. 10 hours ago, WayneACT said: An example, if you have been on 457 visa for 1 year and you are 47 years old, can you apply for PR 186 visa via direct entry after 1 July 2017 or PR 186 via transition stream after March 2018? At 47 years of age (max age 44, ie. <45) you could not apply for a 186 Direct Entry visa on or after 1st July 2017. My understanding is that the intention of the government is that at 47 years of age (max age 44, ie. <45) you could not apply for a 186 Transitional Stream visa on or after 1st March 2018. HOWEVER, it has not been clearly stated whether there may be any specific exemptions/variations for people currently holding a pre-April changes 457 in respect of this. You aslo asked about Grandfathering In May 2017 DIBP's response to Grandfathering questions: Q43. What transitional or ‘grandfathering’ arrangements will be in place for those who already hold a subclass 457 visa before March 2018? A. More information concerning the legislative details of future changes will be available closer to their implementation date. This will include information about transitional arrangements for visa applicants and visa holders. However, we know that the grandfathering is not all inclusive and that some people on pre-April 457s will be impacted. For example someone who is on a pre-April changes 457 visa, with an occupation on the STSOL, who subsequently wishes to transfer to another employer is not expected to be able to continue to be able use the transitional stream. So whilst they were on a 457 pre the changes they would still be impacted. On 15/05/2017 at 3:15 PM, Eyebrow said: Will the normal exemption criteria for language still apply? applying through the Temporary Residence Transition stream and they have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English. There have been some conflicting reports - we know that at least one of the exemptions from English has been removed it is not clear yet about the others. The DIBP have stated " raising English language requirements to “competent” for all applicants (e.g. IELTS6) - with TRT and Direct Entry requirements to be consistent" which suggests not. . 6 hours ago, JulesR said: Hi @TeeTMI. Thanks for this info. How would one gain access via the Transitional Stream for 186/187? Sorry if this a silly question, but I am getting so confused with all the visa options. Come 1 July, I'm going to be over the <45 age limit and am wondering what options will be available to me. (My occupation is on the STSOL list at the moment.) JulesR from what you have stated above it sounds as if you have an occupation on the STSOL and that you do not currently hold a 457 visa issued prior to the changes in April. If that s the case you would not be eligible for the Transitional Stream. Your options will depend upon your occupation and other circumstances. The reality is that we are still expecting more clarification on the wider points. Plus, that more changes are expected. 3 Quote Link to comment Share on other sites More sharing options...
WayneACT Posted May 23, 2017 Report Share Posted May 23, 2017 Hi @TeeTMI Thank you very much for taking the time to send such a detailed reply to our questions. Form what I can tell from my research on the web and from your reply, there seems to be a lot of uncertainty in this area due to the fact that government have used very broad explanations. It's very disconcerting and disappointing that some of us have invested a lot to be here only to find that there may no longer be a pathway to PR. The contradictory messages presented leads to much confusion and uncertainty. Not something I expected. Those on a 457 visa over the age of 44 who have been on the visa for under 2 years have little chance of attaining PR even though the 457 was attained before the rule changes and even though government has stated it won't affect existing 457 visa holders. Only time will tell when hopefully someone makes a decision and addresses the many unknowns. Thanks again. 1 Quote Link to comment Share on other sites More sharing options...
JulesR Posted May 23, 2017 Report Share Posted May 23, 2017 Thanks for the detailed response @TeeTMI. Things are not looking promising! I suppose we just have to wait until there is more clarity. Quote Link to comment Share on other sites More sharing options...
TeeTMI Posted May 23, 2017 Author Report Share Posted May 23, 2017 25 minutes ago, JulesR said: Thanks for the detailed response @TeeTMI. Things are not looking promising! I suppose we just have to wait until there is more clarity. Hi JulesR I see you are signed up with a migration agent. They should be able to provide you with a talk through of your potential options at this time compared to what you were previously aiming for. Quote Link to comment Share on other sites More sharing options...
JulesR Posted May 23, 2017 Report Share Posted May 23, 2017 Thanks @TeeTMI - I've just sent him an email now to set up a phone call to discuss my options! 1 Quote Link to comment Share on other sites More sharing options...
TimeToGo Posted July 19, 2017 Report Share Posted July 19, 2017 (edited) Hi @WayneACT and @TeeTMI, We are living in very uncertain times by the look of things. I am also in the situation where I have no idea whether I will be able to convert from the 457 to 186 visa once I have been here for 4 years. So, I am also hoping that the "grandfathering" rule applies. I'm well over the under 45 age requirement - at 55 now, and have been in Aus since January 2015, about 2 1/2 years now. I see that the DIBP web site still shows the age exemption for applicants over the age of 50 who wish to transition via the Temporary Transition stream: If you "are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years" you would be exempt from the age requirement. I am hoping that under the grandfathering provsions, that this will still be the case when I am ready to apply in January 2019 - still quite some time away! It looks like I am in a similar boat to you Wayne (and I'm also in the ACT)! Please could either of you post as and when the situation becomes clearer or you have any further news? The only certainty of these uncertain times is the stress!! Regards, John Edited July 19, 2017 by TimeToGo Quote Link to comment Share on other sites More sharing options...
WayneACT Posted July 19, 2017 Report Share Posted July 19, 2017 (edited) Hi @TimeToGo We weren't willing to rely on if's and maybe's so went ahead and got our 186 Direct entry application in. We managed to beat the cut off date (1 July) by a couple of days. It was said that existing 457 holders would not be affected by the changes but in some cases they most definitely are. If the exemptions we were hoping for didn't materialise then we would have had no path to PR. In your case, why are you not applying for a 186 via transition stream? If I am correct you can apply for this after 2 years. In March the age requirement for this path will be reduced to under 45. "The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for at least two out of the three years (before the nomination is made), while holding a subclass 457 visa, in the same occupation with their nominating employer (who is not subject to a labour agreement and who has lodged a valid nomination with us under the Temporary Residence Transition stream), who wants to offer them a permanent position in that occupation." I don't recommend the wait and see idea. It's too risky and the consequences of not getting an exemption can be devastating. Get you PR as soon as you are able to. Wishing you all the best. Edited July 19, 2017 by WayneACT Quote Link to comment Share on other sites More sharing options...
TimeToGo Posted July 19, 2017 Report Share Posted July 19, 2017 Hi Wayne, The reason for this is because I am over 50. There is an age exemption on the temporary transition route if you are over 50, which requires you to work for 4 years as opposed to the 2 years needed if you are under 50. It's a really long road to PR, and I dont have many other options, so I am hoping this avenue is not closed off before I get there, in January 2019 only! Regards, John Quote Link to comment Share on other sites More sharing options...
WayneACT Posted July 19, 2017 Report Share Posted July 19, 2017 Hi John Sorry my bad. You are 100% correct. Its a very unfair situation in my opinion and I am hoping that the powers that be realise this and grant the relevant exemptions. I will keep you posted with any information I receive. Take care Quote Link to comment Share on other sites More sharing options...
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