Major and minor changes to the 457’s and ENS

On Saturday 18 April 2015 the Federal Government announced a number of major and minor changes to the sponsored visa stream which affects employers across a range of industries.

The changes include:

• approved sponsors now have 28 calendar days to notify the department of a prescribed event  relating to a sponsored person compared to 10 days previously.
• the annual earnings threshold for ENS is AUD 180,000.
• the TSMIT is set at AUD 53,900.
• slight easing of English language requirements for 457 visa applicants.
• various changes to other visa categories including sc400, sc461.

For additional details email visas@visasolutions.com.au; April 2015

Note: The Australian Subclass 457 visa was a temporary work visa that allowed foreign workers to work in Australia for up to four years. The employer was required to sponsor the worker and demonstrate that there was a shortage of Australian workers for the role. The visa holder was allowed to bring eligible family members to Australia and could apply for permanent residency after two years. However, this visa has been replaced by the Temporary Skill Shortage (TSS) visa.

The process for the Subclass 457 visa involved the following steps:

1. Sponsorship: An employer in Australia had to offer a job and sponsor the applicant. The employer needed to be approved as a sponsor by the Australian government.
2. Nomination: The employer had to nominate the position being offered to the foreign worker.
3. Visa application: The applicant had to submit a visa application, including documentation such as a passport, police clearance certificates, health assessments, and evidence of English language proficiency.
4. Processing time: The processing time for a Subclass 457 visa varies, depending on the individual circumstances and the workload of the visa processing office.
5. Grant of visa: If the visa was approved, the applicant had to meet any additional requirements, such as medical examinations, before the visa was granted.

Please note that this information is relevant to the former Subclass 457 visa program, which has been replaced by the Temporary Skill Shortage (TSS) visa program. The process for the TSS visa may be different.

The Subclass 457 visa was used by a wide range of industries in Australia to fill skill shortages, including:

1. Information technology
2. Healthcare
3. Construction
4. Mining
5. Hospitality
6. Engineering
7. Education
8. Financial services
9. Agriculture

Note: This information is relevant to the former Subclass 457 visa program, which has been replaced by the Temporary Skill Shortage (TSS) visa program. The TSS visa may be used by different industries.

Many countries had citizens who took advantage of the Subclass 457 visa program to work in Australia, including:

1. India
2. United Kingdom
3. Philippines
4. China
5. South Africa
6. Ireland
7. Malaysia
8. Sri Lanka
9. Canada
10. Brazil

Note: This information is relevant to the former Subclass 457 visa program, which has been replaced by the Temporary Skill Shortage (TSS) visa program. The countries whose citizens may take advantage of the TSS visa may be different.

If a Subclass 457 visa application was declined, the applicant had the option to request a review of the decision through the Administrative Appeals Tribunal (AAT). The process for a review of a declined visa application involved the following steps:

1. Request for review: The applicant had to submit a request for review to the AAT within 21 days of receiving the decision.
2. Review process: The AAT would conduct a review of the visa decision, taking into account the original application, any additional information provided by the applicant, and relevant laws and policies.
3. Outcome: The AAT would make a decision on the review, either upholding the original decision or overturning it and granting the visa.
4. Appeal: If the applicant was still not satisfied with the outcome, they may have been able to appeal to a higher court, such as the Federal Court of Australia.

Please note that this information is relevant to the former Subclass 457 visa program, which has been replaced by the Temporary Skill Shortage (TSS) visa program. The review process for a declined TSS visa application may be different.