457 Caveat – Attention: Current 457 Employer Sponsors and Visa Applicants

Under the new list, there are 59 occupations with nomination restrictions, referred to as ‘caveats’ by the Department of Immigration and Border Protection. These restrictions relates to work experience, regional location and/or sponsoring employer’s business operation.

Australian Prime Minister Malcolm Turnbull announced on 18 April 2017 a significant reform to the employer sponsored skilled migration visas programme as well as the abolishment and replacement of the current subclass 457 visa.

One of the immediate changes was the introduction of the Medium and Long Team Strategic Skills List (MLTSSL) and the Short-term Skilled Occupations List (STSOL) on 19 April 2017 replacing the Skilled Occupation List (SOL) and Consolidated Sponsored Occupation List (CSOL). The changes affect all 457 applications made on or after 19 April 2017 as well as 457 application lodged before 19 April 2017 but still in processing.

A list of the occupation ‘caveats’ are attached.

We also carefully considered the relevant legislative instrument that makes these changes, we have identified an arguable legal ground that these occupation ‘caveats’ may be unlawful and a Court, when challenged judicially, may declare the ‘caveats’ to be invalid. This challenge if successful would likely result in your 457 application to be processed as if the ‘caveats’ was never made.

If you are affected by the occupation ‘caveats’ and believe these ‘caveats’ are wrong and unjust and wish to challenge, please email our 457 Caveat Taskforce to 457caveat@proactivelegal.com.au.


David Gu
Solicitor Director
Accredited Specialist, Immigration Law
ProActive Legal

p +61 (0)2 9199 8600
f +61 (0)2 9283 6464
e 457caveat@proactivelegal.com.au

20 April 2017


PDF link: http://proactivelegal.com.au/wp-content/uploads/2017/04/2017-04-20-Caveat-affected-communication_online.pdf


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