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Australian 457 Visa Changes from November 2016



IThe recent Australian 457 visa changes already implemented starting on the 19th of November 2016, the time frame that a primary subclass 457 visa holder can stay in Australia after their employment ends will be changed from 90 days to now only 60 days.

This change applies to subclass 457 visas granted on, or after, the 19th of November 2016.

This reduces the employment cessation time frame, will contribute to subclass 457 visa holders being less vulnerable to informal employment and will reduce the time frame in which they can compete within the Australian labour market for additional employment.

The two important differences from how arrangements were are:

  • ONLY partners and children can meet the definition (other relatives are no longer allowed);
  • children’ are limited to individuals aged under 18:

or between 18 and 23 and ONLY if they are dependent (an upper age limit has been added);

or 23 or older ONLY if they are physically or mentally disabled and cannot work

Subclass 457 Visa Changes programme

  • You should also be aware that the subclass 457 provisions that allow for children between the ages of 18 and 21 who were dependant or dependents on a previous subclass 457 but who no longer are financially dependent, to be granted a visa until the day prior to their 21st birthday, this also changed on the 19th of November 2016.
  • As a result of these changes, applicants who are not meeting the general MOFU requirement explained above may still be regarded as a MOFU if at the time the subclass 457 application was made, they were the holder of a secondary subclass 457 visa.
  • Please note that family members granted a visa on the basis of being an existing secondary visa holder will ONLY have their visas granted the day before the applicant’s 23rd birthday or the date granted to the 457 primary visa holder, whichever one happens first.
  • The restricted grant time frame will NOT apply to those who are meeting the general definition of MOFU

These changes to the regulations have come into effect on the 19th of November 2016. These changes will impact when Bridging Visa’s (BVs) will cease, especially BVs granted in association with the lodgement of a substantive visa application.

These amendments affect visa subclasses 010, 020, 030, 050 and 051.

457 Visa Change November 2016

As per the latest legislative framework, associated bridging visas will cease once a certain time frame has passed after a notification of a ‘trigger event’ (such as, a decision), this started on the 19th of November 2016:

  • Bridging visa cessation is being ‘de-linked’ from notification, so that the date the bridging visa ceases will depend on the date of the decision for your visa (instead of when or whether a client was notified of a particular decision) and in most cases, the relevant time frame is changing to 35 calendar days, instead of the latest 28 days.

The changes will affect clients who are granted bridging visas after the 19th of November 2016.

Immigration will change the period after which a client’s bridging visa ceases if a decision is made by one of the following departments:

  • Immigration: to refuse the grant of a substantive visa application (where the bridging visa is associated to that application); or that a substantive visa application is void.
  • Administrative Appeals Tribunal: on an application that is waiting for merits review (exempt for a decision to remit the application). Please note: these changes do not have any impact on bridging visas that cease provisions when the client is at the judicial review stage; there are a remaining at 28 days, which is in line with current regulations.

Addition of the Trade Waiter to a Restaurant (Fine Dining) Industry Labour Agreement

Restaurant (Fine Dining) industry labour agreement is updated to include the occupation of a Trade Waiter. This agreement will allow Australian premium quality Fine Dining Restaurants to recruit overseas cooks, chefs or trade waiters either temporarily or permanently.

If employers can demonstrate that there is no qualified Australian worker available.

The tasks of a trade waiter will include the duties of the ANZSCO occupation of Waiter, along with certain additional duties outlined under the Restaurant Industry Award 2010.

Immigration will make an assessment of the Australian employer and if they are meeting the requirements for a Fine Dining Restaurant on a case- by-case basis.

This information is updated and available via:

http://www.border.gov.au/Trav/Work/Empl/Labour- agreements

What Should I Do With These 457 Visa Changes?

These 457 visa changes means that there is some adjustment you need to make in your visa application.

But because the change itself just implemented recently, it makes the detail bit a blurry which tends to deviate into misinformation.

You must be careful with the information you have been gathered. It’s better to seek information and advice from someone who understand and working directly with Immigration authority.

Is our duty as mgiraiton agency to provide a clear and accurate information regarding Australian skilled working visa for anyone who come at us.

Lead by a registered migration agent, Mrs. Indah Melindasari. ONE derland Consulting has years of extensive experience succesfully dealing with different type of visas and complex skilled working visa cases.

We advise you to having a private consultation with Mrs. Indah to gain a valuable understanding of your visa application opportunities and obstacle and create a solid migration plan based from those information and your current circumstances.

All is needed to minimize the chance of your Temporary Work visa subclass 457 changes negatively effecting your approval chance.

If you would like to find further information on your options  and eligibility for the Temporary Work (Skilled) visa (subclass 457), please contact our office on (+61) 8 9477-5831 or email: [email protected]

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Indah Melindasari Registered Migration Agent in Perth - Migration Agent Perth - ONEderland Consulting