• Insights

Changes to the Permanent Employer Sponsored Visa Categories Take Effect

July 7, 2017

insight-news-default

Country / Territory

  • AustraliaAustralia

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

As outlined in our earlier client alerts, the Prime Minister and the Minister for Immigration and Border Protection announced significant changes to the Temporary Work (Skilled) (Subclass 457) and permanent employer sponsored visa categories. The Department of Immigration and Border Protection (DIBP) has released further detail of the proposed reforms in a Frequently Asked Questions document on its website.

A number of changes which took effect July 1, 2017 will impact streams of the Employer Nomination Scheme (ENS) (Subclass 186) Visa and Regional Sponsored Migration Scheme (RSMS) (Subclass 187) Visa programs.

Changes to the Direct Entry Stream Requirements

Key changes include:

  • Evidence of English language proficiency and skills assessments will be required for high income earners who were previously exempt provided their earnings were at least equivalent to the Australian Tax Office top income tax rate (A$180,001). This applies to ENS and RSMS Direct Entry applications made on or after July 1, 2017 and to applications made prior to and not finalized by that date. According to  the explanatory statement to the amending legislative instrument, this change was made to “strengthen the integrity of the Subclass 186 and Subclass 187 Visas by ensuring that applicants have the required skills and English language requirements”.

  • The age limit for applications submitted on or after July 1, 2017 has been reduced from 50 to 45 years of age with exemptions remaining for limited prescribed occupations, New Zealand nationals, and New Zealand Family Relationship (Subclass 461) Visa holders.

Changes to the Temporary Residences Transition Stream Requirements

Key changes include:

  • Nominating employers will need to show that there is a genuine need for the Subclass 457 Visa holder to work in the position on a permanent basis in order to bring this in line with the Direct Entry nomination requirements.

  • Applicants will be required to demonstrate a competent level of English language proficiency on a test. Exemptions to this rule will be available for  native English speakers and to applicants who have completed at least five years of full-time study in an English secondary or higher education institution. This affects new applications lodged on or after July 1, 2017.

  • As a result of the removal of the English language exemption for high income applicants with earnings above A$180,001, evidence of English language proficiency will now be required for Temporary Residence Transition stream applications and will affect new applications submitted on or after July 1, 2017, as well as applications which were submitted prior to that date, but remain pending.

Other Amendments Effective July 1, 2017

The maximum age limit for applicants for the points-tested Skilled Nominated (Subclass 190) Visa and the Skilled Regional (Subclass 489) Visa was reduced from 50 to 45 years of age. This change will not impact applicants who received an invitation to submit or who submitted one of the points-tested visas prior to July 1, 2017.

Under the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) Visa categories, the maximum age at the time of application submission will increase from 30 to 35 years of age.

What This Means for Employers and Foreign Nationals

Direct Entry and Temporary Residence Transition Stream ENS and RSMS applications will be impacted by the removal of the high income English language and skills exemptions, some of which were previously unannounced.  Foreign nationals applying under these visa categories should ensure that they meet the new requirements.

Fragomen will continue to monitor the situation and will provide updates as they become available.

Australia or send an email to [email protected].

Country / Territory

  • AustraliaAustralia

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Sydney
  • Perth
  • Melbourne
  • Brisbane

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.