Permanent Employer Sponsorship Update - November 2017
By Josie Marr
Tuesday, 14 November 2017
Changes to Apply from March 2018 to ENS and RSMSThe main changes which will apply from March 2018 are as follows:
Occupations ListApplicants must in general have an occupation on the shorter MLTSSL (Medium Long Term Strategic Skills List) to apply for an Employer Nomination Scheme (ENS) visa from March 2018. Extra occupations will be available for the Regional Sponsored Migration Scheme (RSMS), but it is not yet clear which occupations these will be. If your occupation is not on the MLTSSL, you may no longer be eligible for permanent residence through the ENS or RSMS program from March 2018
AgeApplicants for ENS and RSMS must be under 45 at the date of application from March 2018. Currently, 457 holders applying for the Temporary Residence Transition Stream can be under 50 when applying
Minimum SalaryFrom March 2018, applicants must have a base salary of at least Temporary Skilled Migration Income Threshold (TSMIT - currently $53,900) to qualify. There is currently no minimum salary applicable to ENS and RSMS visas.
Work on 457 Visa - TRTS RequirementCurrently 457 holders who have worked for their employer in their position for the last 2 years may be eligible for ENS or RSMS through the Temporary Residence Transition Stream (TRTS). The TRTS is a streamlined pathway which may not require the same skills assessment, age, English language ability and health requirements as the Direct Entry Stream. From March 2018, 3 years of work experience on a 457 will be required instead of the current 2 year requirement
Training LevyA training levy will be applicable to all ENS and RSMS applications. The amount will depend on the turnover of the sponsoring business and will be $3,000 for small businesses and $5,000 for businesses with turnover of $10 million or more.
Grandfathering Provisions for 457 Holders or Applicants as of 18 April 2017The Department of Immigration has announced that 457 holders and applicants as of 18 April 2017 will not need to meet all of the new requirements. These "grandfathered" 457 holders have access to transitional provisions which would preserve their eligibility for ENS and RSMS through the Temporary Residence Transition Stream. To be eligible for the transitional provisions, you must either have:
- Held a 457 visa as of 18 April 2017; or
- Have a pending 457 visa application as of 18 April 2017, and this application was subsequently granted
- Occupation: grandfathered applicants will be able to apply even if their occupation is not on the MLTSSL
- Age: they will be able to apply providing they are under 50 years
- Work Experience on 457 Visa: they can qualify once they have worked in their occupation for their employer on a 457 visa for 2 years
Grandfathered applicants will still need to meet the requirements for minimum salary (TSMIT) and payment of the training levy from March 2018.