Originally Posted by manjeet
Any applicant who has not taken the IELTS test in the three years prior to lodging a 457 visa application must have their application refused, unless they can qualify for some form of exemption.
If this is the case, the DIAC may have to refuse huge numbers of 457 visa applications, unless they decide to ignore their own regulations.
Again, such regulations have been described as "incredibly unfair, draconian and punitive". Applicant feels these new rules will especially impact those currently on bridging visas, who may now find themselves caught in a sort of Limbo between withdrawal and a s48 bar.
This concludes that most of these 457 applicants probably could demonstrate that they possess "sufficient English language ability" on the IELTS test, but the DIAC seems to have decided to implement this new rule in an "unreasonable" way and hasn't offered any transitional arrangements.
The exact situation for 457 visa applicants is still changing....
But, there are some simple changes that have happened:
Strengthening the English language requirements by removing exemptions for applicants from non-English speaking backgrounds who are nominated with a salary less than $92,000 and requiring applicants who were exempt from the English language requirement when changing employers.
There should be no adverse effects on existing visa holders if they are already doing the right thing.
It was easier to get PR
than it was to get a 457 visa.
This changed last year, when the English level required for PR
became much higher.
Now, an IELTS score of 6.0 is required for PR
, whereas a 457 visa requires IELTS 5.0.
The 457 visa is a temporary visa, intended for filling short to medium term skill shortages, in a quick, flexible way to meet business needs.
These changes are necessary to reduce exploitation of 457 visa workers.
Hard - but fair in the long term....