NEW TSS/186/187 LEGISLATION COMMENCING 18 MARCH 2018

To summarise the new changes starting from 18th of March 2018 are the implementation of:

Your case officer can request a skills assessment for any occupation for 186 TRT (transition) and 187 TRT (transition) pathways.

  • For 187 Direct Entry, the Department and RCB (regional Certifying Body) can consider whether an Australian “would move” to a region to perform the nominated work
  • Cancellation grounds for TSS visa to apply if:
    • applicant ceases to have a “genuine intention” to work in the position or
    • position becomes no longer “genuine”
  • Definition of “adverse information” broaden to include similar to PIC 4020, Fake IELTS, misleading information and bogus documents
  • Schedule 3 criteria is not applicable with TSS Visa

Update regarding transitional arrangements

To manage subclass 457 visa applications that are currently undergoing review at the Administrative Appeals Tribunal (AAT), an approved nomination will not cease if:

  • both the nomination and the associated visa application, were lodged before the TSS implementation date and
  • within 12 months of the nomination being approved, a review application is lodged with the AAT in relation to a decision to refuse the associated subclass 457 visa application

I had to get a new subclass 457/TSS visa. Can I still access these transitional arrangements? 

Yes – as long as you and your employer are able to meet the other requirements of the TRT stream. Access of an overseas worker to these transitionals is not dependent on continuing to hold the same subclass 457 visa or working for the same employer. The overseas worker can have since been granted subsequent subclass 457/TSS visa and/or been re-nominated by a different employer.

How long will these transitional arrangements be available?

Eligible overseas workers will need to lodge an application for permanent residence within four years, by March 2022.
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186/187 visa new training requirements

Businesses with turnover of less than $10 million per year will be required to make)
  • a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $3,000
Businesses with turnover of $10 million or more per year will be required to make:
  • a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $5,000.
The SAF levy will only be required to be paid in relation to any ENS, RSMS or TSS nominations lodged on or after the date of implementation of the levy. This includes TSS nominations lodged because circumstances change (eg subclass 457 visa holder wants to change employers) – noting, that the SAF levy would correspond to the proposed employment period. This includes TSS nominations lodged by Overseas Business Sponsors, nominations lodged under labour agreement streams and ENS/RSMS nominations where no nomination fee applies.

186-187 visa AGE exemptions from 18 March 2018

Exemptions from the age requirement for certain groups of people will continue to be available. These groups include certain medical practitioners,
If I have turned 45, can I apply for permanent residence through the subclass 186 or subclass 187 visa?
No, you will not meet the requirements for a subclass 186 or 187 visa unless:
  • you held or had applied for your subclass 457 on 18 April 2017 and are applying under the TRT stream – see below; or
  • you meet one of the age exemptions for these visa subclasses

Are there any transitional arrangements in place for the Direct Entry (DE) stream? 

No. There are no transitional arrangements in place for DE stream applicants, who are expected to meet the requirements in place at the time of application. This will include being aged less than 45 years of age at time of application, unless you meet one of the specified age exemptions. In addition, you will also need to have an eligible occupation on the MLTSSL for a subclass 186 application, and for the subclass 187, the MLTSSL and additional occupations.
How will I be affected by occupation lists changes if I hold, have applied for, or intend to apply for a subclass 186 or a subclass 187 visa?
You will not be impacted by changes to occupation lists if you:
  • currently hold an ENS or RSMS visa, or
  • lodged your ENS or RSMS visa application on or before the date of the list changes.
If you apply for an ENS visa in the Direct Entry (DE) and Temporary Residence Transition (TRT) streams, your occupation must be on the MLTSSL used for subclass 186.
If you apply for an RSMS visa in the RSMS DE and TRT streams, your occupation must be on the MLTSSL used for the subclass 187, or be one of the additional occupations available for employers in regional areas.
If you apply for an RSMS visa in the DE stream and your nomination was lodged on or after 1 July 2018, all occupations on MLTSSL and the Regional Occupation List require a skills assessment.

Impacts for International Student visa holders 

The replacement of the 457 visa with the TSS visa will not directly affect international students, however, international students considering a TSS visa as a post-study option will be required to meet the strengthened eligibility criteria, in particular the requirement for two years’ relevant work experience.

What if I hold, have applied for or intend to apply for a Temporary Graduate visa (subclass 485 visa)? 

International students who have completed an eligible qualification on a student visa can still apply for post study work through a Temporary Graduate visa (485 visa). This visa provides them with the opportunity to work for up to four years in the Post Study work stream, depending on level of study, or 18 months in the Graduate Work stream if their occupation is on the MLTSSL. You may be affected if you currently hold a subclass 485 visa and intend to apply for another visa that utilises occupation lists. When you apply for the other visa you must ensure the occupation is on the current occupation list. It is important that you make sure you are aware of the most recent information on the visa you apply for, because requirements for further visas can and do change. A temporary visa does not provide a right to apply for a permanent visa. The Department encourages all prospective applicants to check the website regularly.

What if I hold, have applied for, or intend to apply for a Training visa (subclass 407 visa)? 

You will not be impacted by these changes if you:
  • hold a subclass 407 visa granted before the date of change; or
  • lodged your subclass 407 visa application before the date of change; or
  • your sponsor lodged a subclass 407 nomination to nominate you before the date of change.
You may be impacted by these changes if:
your sponsor lodges your subclass 407 nomination after 18 March 2018;
 or o
  • you hold a subclass 407 visa granted before the date of change and you intend to apply for a subsequent 407 visa. If this is the case, you must nominate an occupation from the current occupation list, available at:

Will I be affected by occupation lists changes if I hold, have applied for, or intend to apply for a points-tested visa (subclasses 189, 190 and 489)

You will not be impacted by these changes if you:
  • are invited to apply for a subclass 190 or 489 visa on or after the date of the changes, your occupation must be on the STSOL, MLTSSL or Regional Occupation List (for state/territory 489 applicants).
  • are invited to apply or intend to apply for a Skilled Independent and Family Sponsored points-tested visa (subclasses 189 and 489) after the date of changes, your occupation must be an eligible occupation on the MLTSSL.