English Requirements and Exemptions From 1 July 2017

Tougher requirements all round. Employer sponsored visas have become more and more difficult to be successfully applied for and its value to potential overseas skilled workers as well as employers are substantially decreased.

These ‘improvements’ may ironically push away more genuine applicants and employers than it will stem abuse of the programme. The toughened requirements for permanent employer sponsored visas affect applications lodged on or after 1 July 2017 are not much better, forcing those who have held a 457 for 2 years and apply for a permanent visa visa the to use the temporary residence transition stream to have a higher basic level, competent. Either which way, the avalanche of new requirements has confused employers and applicants alike, and we are quite sure they have confused the Department of Immigration and Border Protection themselves.

 

Temporary work (skilled) visa (subclass 457)

The English requirement for a Temporary Work (Skilled) visa (subclass 457) remains unchanged for now at:

Read: English Proficiency Tests

It used to be that 457 visa applicants would receive an exemption for meeting the English requirement if the applicant’s remuneration (base salary) surpasses an income threshold of $96,400. This exemption was repealed via a legislative instrument release on 30 June 2016, to come into effect on 1 July 2017. This will affect all 457 visa applications made on or after 1 July 2017.

The applicant will not need to demonstrate having met the 457 visa English requirement if:

  • The applicant holds a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and are citizens in one of those countries
  • The applicant has completed five years of consecutive full time study in a secondary or tertiary institution where all instruction was delivered in English, OR
  • The applicant is nominated for an occupation that is to be performed at diplomatic or consular mission of another country or an Office of the Authorities of Taiwan located in Australia, OR
  • The applicant is working in Australia for an overseas company or an associated entity of an overseas company and will be paid a base salary of at least $96,400
  • The applicant is nominated in an occupation that requires registration, licensing or membership and in obtaining that, was required to demonstrate a level of English language proficiency that meets the minimum 457 English requirements or higher, and has been granted the registration, license or membership

 

Temporary residence transition stream (TRT) ENS 186 visa / RSMS 187 visa

From 1 July 2017, applicants for the Employer Nominated Scheme (ENS) visa (subclass 186) and Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) under the TRT stream need to meet at least a competent level of English (previously vocational). Applications lodged before 1 July 2017 are not subject to the new requirements.

 

Vocational (applications submitted before 1 July)

 

Competent (application submitted on or after 1 July)

The applicant may be exempted from the English requirement if:

  • The applicant holds a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and are citizens in one of those countries
  • The applicant has 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



Direct entry stream ENS 186 / RSMS 187 visa

The English requirement for the direct entry stream Employer Nominated Scheme (ENS) visa (subclass 186) and Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) remains at competent level. However, from 1 July 2017, the high income English exemption (applicants earning in the maximum taxable income bracket) has been removed. Applications lodged before 1 July 2017 are not affected by the change.

The applicant may be exempt from the English requirement if:
  • The applicant holds a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and are citizens in one of those countries
 

 

 

 Karl Konrad
 Managing Director, Australian Immigration Law Services
 MARN 9904238

 Meet the team!

Caveats for Chefs, Cooks, and Cafe and Restaurant Managers

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What is a caveat?

Certain occupations on the 457 visa and ENS 186 visa occupation lists have been marked to have additional requirements these occupations have to satisfy. These additional requirements are termed “caveats”.

 

Are you affected?

They affect 457 visa applications that were lodged on or after 1 July 2017, or were lodged before 1 July but have not been finalised. Only ENS 186 visa applications lodged on or after 1 July 2017 will be affected.

Continue reading “Caveats for Chefs, Cooks, and Cafe and Restaurant Managers”

Occupation Lists Are Out! Accountants, Engineers and IT Specialists Survive for Another Year..

Medium to Long Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL)

It’s all happening now. Here to ruin or make someone’s Friday, the adjusted occupation lists have just been released.

The now renamed Medium to Long Term Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL) – previously the Skilled Occupation List (SOL) and Consolidated Sponsored Occupation List (CSOL) affect many visas – General Skilled Migration (GSM) visas and especially the employer sponsored visas. Continue reading “Occupation Lists Are Out! Accountants, Engineers and IT Specialists Survive for Another Year..”

Updates on the Changes Happening on 1 July 2017 

Employer sponsored visas (subclasses 457, 186, 187)

What’s being covered in this release:

  • Temporary Work (Skilled) 457 visa changes
  • Employer Nomination Scheme (ENS) 186 and Regional Sponsored Migration Scheme (RSMS) 187 visa changes
  • Changes to training benchmarks
  • Changes to the online application system – applications saved but not completed or lodged before 1 July 2017 will be lost
  • New sponsorship accreditation arrangements

Continue reading “Updates on the Changes Happening on 1 July 2017 “