Option 1: Obtain a Skills Assessment and demonstrate you have had at least three years full-time work experience in the occupation for which you will be sponsored. The work experience can be in Australia or overseas.

OR 

Option 2: You are nominated for a highly paid position where the salary will be higher than $250,000 per annum

OR

Option 3: Work for two years on a subclass 457 (or other eligible visa), including, one year working with your sponsoring employer.

2. How long do I have to stay with my employer after I convert my 457 visa to permanent residency?

To convert your 457 visa to permanent residency under the Employer Nomination Scheme, you must have been offered a job that will last for at least three years.  However, if your circumstances or those of the business change after the grant of the permanent residence visa there are no specific visa cancellation provisions which apply to the Employer Nomination Scheme. 

There are specific visa cancellation provisions if you do not remain with your employer under a RSMS visa.

3. How do I convert my subclass 457 visa to permanent residency? 

If you are applying under the Employer Nomination Scheme (ENS) the process will be as follows:

Step 1: You will first need a full-time employment offer from an Australian business for a job that will last for at least three years in an occupation on the Employer Nomination Scheme Occupation List (ENSOL).

Step 2: The Australian employer lodges a Nomination Application.

Step 3: The Visa Applicant lodges a permanent residency application.

Step 1: You will first need a full-time employment offer from an Australian business for a job that will last for at least two years in an occupation for which at least a diploma or trade qualification is required.

Step 2: The Australian employer asks the Regional Certifying Body to confirm a need for the position in the regional area.

Step 3: The Australian employer lodges a Nomination Application.

Step 4: The Visa Applicant lodges a permanent residency application.

4. Do I have to be sponsored by my current 457 sponsor to go from 457 to permanent residency? 

No.  A new employer could sponsor you directly from your current 457 to permanent residency under Option 1 (Skills Assessment plus three years full-time employment experience in your occupation) or Option 2 (Highly paid position), as outlined above.

5. How long does it take to convert my 457 to permanent residency?

A 'decision ready' application under the RSMS or ENS will be processed as a priority by Department of Immigration & Citizenship (DIAC) and is generally allocated to a case officer within weeks of lodgement.

6. What documents do I need for my permanent residency application to be "decision ready"? 

An application can only be processed as decision ready if it has been prepared by an Australian immigration lawyer agent or registered migration agent.  Our role is to assist the employer and visa applicant in assembling the documentation applicable to their case, but the general documentation requirements are set out in the links below:

• Employer Nomination Scheme (Subclasses 121 and 856) - Nomination Decision Ready Document Checklist (Migration Agent)
• Employer Nomination Scheme (Subclasses 121 and 856) - Visa Decision Ready Document Checklist (Migration Agent)

7. How much will it cost to convert my 457 to permanent residency in Australia? 

Visa Application Charge (1st instalment)        AUD$3,105.00 (as at 1 January 2012), additional Visa Application Charges (2nd instalment) only apply where applicants or their dependents cannot meet minimum English requirements

• Skills Assessment 
• English Testing 
• Medical Assessment  
• Character Assessment  

Our professional fees to assist in your application are in addition to the above external costs.

8. What is my Nominated Occupation for the purposes of converting my 457 to permanent residency?

When you are converting from a 457 to permanent residency you should know the exact occupation code that was used on your 457 visa application in determining your Nominated Occupation for your permanent residency application.  This is not always listed in your visa grant letter so you may need to ask your employer for a copy of the 457 Nomination Approval and Position Description provided to the Department of Immigration with your initial 457 visa application to confirm your eligibility.  

9. How long after I convert from 457 to permanent residency can I become an Australian Citizen?

To meet the residence requirements for Australian Citizenship you will need to have spent four years in Australia, including one year as an Australian permanent resident.  Significantly, this means that time spent in Australia on your 457 visa will be counted towards the required four years.  Accordingly, depending on how long you have been in Australia prior to converting your 457 to permanency residency, you could wait as little as one year to meet the Australian Citizenship criteria.

10. Can I include family members when I convert from 457 to permanent residency?

Once you have moved for your 457 to permanency residency you will be able to sponsor as an Australian permanent resident.  The waiting time before you can sponsor depends on the type of visa you intend to sponsor.

You will be immediately eligible to sponsor relatives under the skilled migration scheme or a partner who was not included in your application, for example, if you become engaged or marry after your permanent residence is granted. 

As soon as possible! Australian immigration requirements change frequently and skilled migration is driven by labour market forces.  A change in Australia's skilled labour requirements could mean that you are no longer eligible to apply for permanent residency to Australia, so it is vital that you take action as soon as possible to convert your 457 to PR.

14. Who should pay the costs to convert from the 457 to permanent residency?

Generally when you obtain a 457 visa the costs associated with the application are met by the employer.  This is because the 457 visa scheme is for employers to bring in temporary overseas workers and Australia's immigration law includes a prohibition on employers recovering costs of the process from the visa applicant.

Legal fees to act on behalf of the applicant and employer in preparing the application as decision ready are in addition to application fees and may also be met by the applicant or employer, depending on the arrangement reached. (see also question 7 above).

15. More questions on how to convert from 457 to permanent residency?

If you would like to receive specific advice about converting your 457 to permanent residency, please choose from one of our immigration advice services. 

Alternatively, you can take advantage our FREE On-line Visa Eligibility Assessment for an instant preliminary appraisal as to whether you are likely to satisfy the basic threshold criteria for an Australian visa.  

Related 457 to Permanent Residency Articles

457 To Permanent Residency 

457 To PR | Update 

457 Visa | Proposed Places Increase 

Regional Certifying Bodies | Regional Sponsored Migration Scheme (RSMS)

Health Waiver | Employment Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS)