Information Sheet - 457 Visa Changes International Students Network 2017 Version 4: Last updated 24 May 2017 Summary of updates Current graduating students in 2017 1. All graduating students in 2017 applying for an internship in 2018 will be able to apply for the 457 visa. The duration on the 457 will be granted for 2 years and renewable for an additional 2 years. 2. This includes international students who obtained their visa before November 2011. 3. The 457 visa for 2017 will include a pathway into permanent residency as per previous years. Future graduating students 1. For future graduating students (2019, 2020 and beyond), the 485 visa under the post-work stream remains the only option post-graduation. 2. The 485 visa will provide time for graduates to obtain their full AHPRA registration. 3. After 2 years on the 485 visa, doctors with full registration may be able to apply for the MLTSSL under Medical Practitioners NEC - we would encourage students to speak to their migration agent. The MLTSSL provides a direct pathway into permanent residency. However, this is subject to change and review every 6 months by the Department of Immigration and Border Protection (DIBP). 4. The 189 visa remains an option. However, this is a skilled independent visa that requires a nomination by a state or territory government. (See: https://www.border.gov.au/trav/visa-1/189-) Current concerns 1. DIBP will look further into the impact of visa changes on students who obtained their visa before November 2011 and are NOT graduating in 2017. AMSA and ISN will continue meeting with DIBP on this issue. The 485 visa is still not applicable for these students. 2. Several medical and surgical colleges require permanent residency before applying for an accredited registrar position. AMSA and ISN will continue to engage these colleges.
Abstract The Australian Government announced on 18 April 2017 that the 457 visa will be abolished, and a new visa will be introduced starting March 2018. This information sheet is aimed at informing all international medical students on the recent visa changes, and should not be considered legal advice. AMSA encourages international students to discuss these changes with their migration agent or lawyer. Important changes 1. The new Temporary Skills Shortage (TSS) Visa replaces the previous 457 visa. 2. Changes include: 1. A mandatory 2 years of work experience (in order to fulfil the Short term skilled occupation list (STSOL) TSS visa requirements 2. A modified skilled occupations list 3. RMO positions are listed only on the STSOL (which can be renewed only once) 4. A 2-year (STSOL) or 4-year visa (MLTSSL) - The latter provides a pathway into permanent residency only after 3 years 5. You may need to be in a specialist/gp training program in order to apply to the MLTSSL 6. Minimum IELTS score requirements regardless of occupation Other information 1. The 485 visa remains unchanged and is available to all international medical students following graduation under the post-study work stream as long as their first student visa was given on or after November 5, 2011. 2. The 485 is valid for two (2) years for bachelor degrees, three (3) years for masters and four (4) years for doctorates. 3. Graduates can work under the 485 visa for two (2) years, fulfilling the two year work requirement and thus convert to the TSS (STSOL) visa allowed to be renewed once. 2
Background On 18 April 2017, Prime Minister Malcolm Turnbull announced that the 457 visa will be abolished. In place, two new temporary visas will be introduced under the Temporary Skills Shortage (TSS) visa, from March 2018. 1. Two (2) year visas - On the Short Term Skilled Occupation List (STSOL) 2. Four (4) year visa targeting higher skills - Medium and Long-term Strategic Skills List (MLTSSL) The change aims to increase the quality and economic contribution of skilled migrants and address public concerns about the displacement of Australian workers. The Old visa - 457 The 457 visa subclass was a government-issued visa for up to four (4) years for a worker and their family to work and reside Australia. This visa was designed to support Australia in obtaining skilled workers in occupations that lacked Australian employees. The previous requirements for the 457 visa were: Your employment is sponsored by an approved employer You have the required skills to fill a position nominated by an approved employer/business The original visa was approved for up to four years. The New visa - Temporary Skills Shortage Visa The Temporary Skills Shortage Visa TSS replaces the old 457 visa. The implementation of the TSS begins immediately and will be completed by March 2018. The TSS will have two occupation lists: 1. Short-term Skilled Occupations List (STSOL) o This replaces the Consolidated Sponsored Occupation List (CSOL) 1. Medium and Long-term Strategic Skills List (MLTSSL) o This replaces the Skilled Occupations List (SOL) As of 24 May 2017, it has been confirmed that after 2 years on the 485 visa, graduates can apply for the MLTSSL under the occupation of Medical Practitioners NEC (Not elsewhere classified). However, this is subject to a 6- monthly review by DIBP. 3
Validity period 1. The maximum duration for visas issued for occupations that are on the STSOL will be 2 years. 2. The maximum duration for visas issued for occupations that are on the MLTSSL will be 4 years. Eligibility criteria for both streams Work experience At least 2 years relevant work experience Labour market testing (LMT) Mandatory, unless an international obligation applies Minimum market salary rate The Australian market salary rate must be paid. Set at $53,900 as at 12 April 2016. Character Mandatory penal clearance certificates to be provided. Australian Federal Police Check after the age of 16. Workforce Non-discriminatory workforce test to show that employers do not discriminate against Australian workers. Training Requirement Employers must contribute towards training Australian workers. Short-term stream Medium-term stream criteria Visas issued under the STSOL and MLTSSL will include the following criteria Renewal STSOL Visa renewal onshore Renewal once only for an additional 2 years. NO PR pathway MLTSSL Visa renewal onshore Permanent residency (PR) pathway after 3 years Occupation lists STSOL/MLTSSL will apply, with additional occupations available to support regional employers in regional Australia English language Minimum of IELTS score of 5 Minimum of 4.5 in each test component Minimum of IELTS 5 in EACH test component 4
485 Visa As mentioned previously, the TSS requires a minimum of 2 years work experience in order to apply for the new TSS visa to obtain permanent residency. As such, ISN expects that many graduating students in 2018 who are seeking an internship will apply for a 485 visa as a first step. We are currently seeking confirmation from the department as to other possible visa pathways. 485 validity periods 2 years for students who complete a Bachelor degree (including honours) or Masters by Coursework degree or Masters (extended) degree 3 years for students who complete a Masters by Research degree 4 years for students who complete a Doctoral degree 485 visa eligibility requirements: Any international graduate with a higher education degree from an Australian education provider, regardless of their field of study. This stream is only available to students who applied for and were granted their first student visa to Australia on or after 5 November 2011. Students obtaining their first student visa prior to 5 November 2011 are ineligible for the 485 visa. Graduates who are considering a pathway to permanent residency will then have to apply for a TSS visa once their two year work requirement has been fulfilled. Important points: After working 2 years on the 485 visa, you will have fulfilled the 2-year work requirement and obtained your AHPRA registration. With the above 2 conditions fulfilled, you are eligible for the MLTSSL under Medical Practitioners NEC. The option and availability of Medical Practitioners NEC in the MLTSSL is subject to 6-monthly reviews by DIBP. 5
Questions 1. Will it affect the current state prioritisation for 2017? This is unlikely to occur as the visas are independent of the employment prioritisation set out by individual states. 2. How about 2018 and beyond? Internship prioritisation schemes are reviewed annually and are subject to changes based on workforce need and federal law changes, so we cannot say for sure. 3. Does this affect registration by AHPRA? AHPRA has not announced any changes considering the 457 visa changes. As such, you can expect to obtain general registration should you fulfil all other requirements. 4. Can we be considered for the 187 (Regional Sponsored Migration) visa? As of 23 April 2017, the 187 is still eligible for graduate students. This can be done after obtaining registration as a medical practitioner under AHPRA. The 187 visa requirements do have several additional requirements, including working in a stipulated regional/rural area. 5. What if I obtained my student visa prior to November 2011? If you are a final-year student in 2017 and currently applying for an internship in 2018, you are eligible under the 457 visa. For international students not graduating in 2017, we do not have a definite answer yet. AMSA and ISN will continue to engage DIBP in further discussions. Contact The International Students Network can be reached at isn@amsa.org.au. Sources 1. http://www.abc.net.au/news/2016-11-15/what-is-a-457-visa/8026280 2. https://www.border.gov.au/workinginaustralia/documents/abolitionreplacement-457.pdf 3. https://www.border.gov.au/trav/work/work/skills-assessment-andassessing-authorities/skilled-occupations-lists/mltssl 6
4. https://www.border.gov.au/formsanddocuments/documents/1409.p df Disclaimer 1. General advice warning 1. The information contained is general in nature and does not take into account your personal situation. 2. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice. 1. All information is correct as of 24 May 2017. 2. Although every effort has been made to verify the accuracy of the information contained, ISN disclaims all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained on this website or any loss or damage suffered by any person directly or indirectly through relying on this information. 7