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Subclass 482 – Occupation lists – STSOL, MLTSOL, ROL

This Instrument lists the occupations and inapplicability conditions (caveats) for the three lists:

  • Short Term Skilled Occupation List – Section 5
  • Medium and Ling Term Strategic Skills List – Section 6
  • Regional Occupation List – Section 

TSS (STSOL) “One onshore renewal” update

Understanding the transition from subclass 457 to TSS


  • The ‘one onshore renewal’ rule included in the Government’s April 2017 announcement, applies to TSS visas in the short-term (ST) stream only – it does not apply to existing subclass 457 visa holders who are seeking their first TSS visa. That is, this new rule will only impact them if:
    • they have previously been granted two or more TSS (ST) visas
    • their previous TSS (ST) visa was applied for onshore and
    • they apply for another TSS (ST) visa.

English language validity – Skilled Visa

Competent English language test validity for primary applicants is 3 years immediately prior to application for sponsored skilled visas or an invitation to apply for a points-tested visa (Reg 1.15C (1)).

Functional English language test validity for secondary applicants who were 18 or over at the time of application is 12 months immediately prior to application (IMMI 15/004).

REVERSED -Retrospective removal high income English and skills exemptions – ENS/RSMS visa

The Government is removing the exemption for applicants earning over $180,000 per year for English language and skills assessments for the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187).

In implementing this change, the Department will ensure it only affects applications lodged from 1 July.

The removal of the exemption is designed to prevent misuse of the program by individuals inflating their income to avoid having to undertake an English test or a skills assessment.

Applications lodged before 1 July will continue to be assessed on merit, and anyone suspected of inflating their incomes will be subject to further scrutiny in the application process.

Passport Legislation Amendment (Overseas Travel by Child Sex Offenders) Bill 2017

The Passport Legislation Amendment (Overseas Travel by Child Sex Offenders) Bill 2017 has been read for the second time in the House of Representatives.

The purpose of this Bill is to prevent Australians listed on a State or Territory child sex offender register, with reporting obligations, from travelling overseas to sexually exploit or sexually abuse vulnerable children in overseas countries, where the law enforcement framework is weaker and their activities are not monitored.

Subclass 189 Skilled Independent maximum age lowered

Legislative Amendment – F2017L00549 – Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 – lowers the upper age limit at invitation for Subclass 189 Skilled Independent, Points Tested stream applicants to 45 years old.

Schedule 1, subitem 1137 (4B), item (4) lowers the age at the time of invitation to apply for a points tested stream visa to 45 years.


Schedule 3 of this instrument provides transitional arrangements.  The amendments made by Schedule 1 of this instrument apply only to applications made on or after 1 July 2017.

The Schedule 1 amendment does not apply to applications, made:

  • in response to an invitation by the Minister given before 1 July 2017, and
  • the application is made on or after 1 July 2017, or, 
  • the applicant claims to be a member of the family unit of the primary applicant and is making a combined application with the primary applicant..

This Instrument will come into effect on 1 July 2017.

Extract: MIA

Classes of persons eligible to apply for Temporary Work (International Relations) visas

This Instrument specifies the classes of persons eligible to be granted this visa under Item 1234(2)(a)(i):

  • Fulbright Scholars of the United States of America;
  • participants in the Pacific Microstates – Northern Australia Worker Pilot Programme
  • persons to whom privileges and immunities are, or are expected to be, accorded under one or both of the following Acts: the International Organisations (Privileges and Immunities) Act 1963; or the Overseas Missions (Privileges and Immunities) Act1995, and who are expected to be recommended by the Foreign Minister for the grant of a visa
  • persons who hold a valid diplomatic, official or service passport and who hold a third person note of support for the application from the government, or a government agency, of the applicant’s home country.

This Instrument revokes IMMI 16/032 (F2016L00576) and commenced on 19 November 2016.

Extract: & MIA

Gold Coast Commonwealth Games – Subclass 408 visas

The Commonwealth Games Federation (CGF) advises that the Commonwealth Games Family is best described as all persons who are entitled to accreditation at the Games under the provisions of the CGF.  These include the CGF executive, organising committees, athletes, CG associations, International federations, games sponsors and games workforce.

Regulations within 408.3 – Secondary Criteria, provide the criteria for members of the family unit as they relate to this visa subclass.

The following matters are specified:

Schedule 1

Item 1237(2)(a)(i) – VAC

  • The VAC is NIL for a Commonwealth Games Family Member who is registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation

Schedule 2

Reg 408.229A – the applicant’s eligible sponsor or supporter is:

  • a charity registered by the Australian Charities and Not-for-profits Commission
  • an agency of the Commonwealth
  • a State or Territory
  • or an agency, Embassy or Consulate of a foreign Government

Reg 408.229(b) the specified event is:

  • the Gold Coast 2018 Commonwealth Games.

Reg 408.229(c) the specified class of persons is:

  • Commonwealth Games Family Member, who is registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation.

This Instrument commenced on 19 November 2016.

Extract MIA &

Second Work and Holiday Subclass 462 – Criteria for application

Legislative Instrument – IMMI 16/097 – F2016L01778 – Migration Regulations 1994 – Specification of Areas of Work and Kinds of Work – Specified Subclass 462 Work, specifies the kinds of work and the areas in Australia that provide eligibility to apply for a second Subclass 462 (Work and Holiday) visa.

Work and Holiday (subclass 462) visa holders who undertake three months (88 days) work in the tourism, hospitality or agriculture industries in Northern Australia will acquire eligibility for a second Work and Holiday visa. The locations and types of work arise from the recommendations of the Developing Northern Australia White Paper. 

This Instrument contains three Schedules:

  • Schedule 1 – specifies the location for this work, these include all of the Northern Territory and specified locations in Queensland and Western Australia
  • Schedule 2 – specifies the tourism and hospitality industry and 48 ANZSCO occupations and relevant types of work in those industries
  • Schedule 3 – specifies the agriculture industry and types of work in that industry

This Instrument commenced on 19 November 2016.

Extract from MIA