457 To Permanent Residency
Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas
457 To Permanent Residency Via Employer Nomination Scheme (ENS)
Employer Nomination Scheme (ENS) - Nomination Application - Employer (Sponsor)
Nomination Scheme (ENS) - Visa Application - Employee (Visa Applicant) Requirements
457 To Permanent Residency Via Regional Sponsored Migration Scheme (RSMS)
Application To Regional Certifying Body
Sponsored Migration Scheme (RSMS) - Nomination Application
Regional Sponsored Migration Scheme (RSMS) - Visa Application
Other Skilled Visa Options - 457 to Permanent Residency
457 To Permanent Residency | FAQ's

457 To Permanent Residency

The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia, via both the Employment Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS).

In our experience, Subclass 457 visa holders frequently progress to permanent residency. In 2009–10, 43,390 people transitioned from a subclass 457 visa to permanent residence with 78 per cent granted a permanent employer sponsored visa.

457 Visas converting to Permanent Residency from 2001 - 2011

457 to permanent residency

Source data: DIAC's annual reports & visa statistics - copyright Commonwealth of Australia.

Permanent and provisional grants where a subclass 457 was the last visa held, 2009–10

Visa Type	Total	Per cent
Employer Nomination Scheme (ENS)	25 980	59.9
Regional Sponsored Migration Scheme (RSMS)	7 670	17.7
Labour Agreement	80	0.2
Skilled Independent	5 570	12.8
Other Skilled	1 950	4.5
Spouse	1 890	4.4
Other Family	270	0.6
Total	43 390	100.0

Source data: MPMS and IMIRS Note: In determining the last visa held,bridging visas have been excluded.

The subclass 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer.

To help you decide whether a pathway exists for you from the 457 visa to permanent residency, it is important to note that permanent Employer Sponsored Migration is restricted to:

occupations either included on the Employer Nomination Scheme Occupation List (ENSOL) for the Employer Nomination Scheme (ENS) visa; or
occupations which require at least a Diploma level qualification for the Regional Sponsored Migration Scheme (RSMS) visa.

Because the ENSOL list of occupations is always changing depending on the vacancies that exist in the Australian labour market at any given time, and because employment requirements in regional areas are changing too, an occupation that may represent a pathway to permanent residency at one time may not do so at another.

It is essential that you are fully informed of current requirements at the time you make your application.

Determining whether or not you have a pathway from a 457 visa to permanent residency in Australia will often depend on the exact classification of the occupation nominated at the time the applicant applied for the 457 visa to Australia.

Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa.

457 to Permanent Residency Via Employer Nomination Scheme (ENS)

The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

1. Nomination application by the Australian business.

2. Visa application by the prospective employee.

Employer Nomination Scheme (ENS) - Nomination Application

Employer (sponsor) requirements

To be eligible to participate in the Employer Nomination Scheme, an employer must:

be actively operating a lawful business in Australia,
demonstrate a genuine need for a paid, skilled employee to fill a position in their business,
comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable),
demonstrate their business has a current training strategy for existing Australian employees, or, if it is a newly established business, have a training plan for future training of Australian employees, and
be able and willing to provide the employee with an offer of permanent employment

Nominated position requirements

In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

be a full-time position which is available for at least three years; provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,be a highly skilled occupation which is listed on the Employer Nomination Scheme Occupation List (ENSOL). Note: Any occupation not included on the ENSOL cannot be nominated by an employer for an ENS visa.
meet the minimum salary level for an ENS visa. The minimum salary as at 6 December 2011, stands at $65,020 per annum for IT specialist occupations, and $49,330 for all other occupations (excluding superannuation and any other benefits).

View the ENSOL to check which occupations are eligible for an ENS visa: http://www.comlaw.gov.au/Details/F2011L01228

Employer Nomination Scheme (ENS) - Visa Application

Employee (visa applicant) requirements

In order to be eligible for the ENS or RSMS visa, the employee (visa applicant) must:

have an eligible employer who is willing to sponsor them for permanent residency to Australia,
be under 45 years of age at the time of the application (unless ther are exceptional circumstances),
have at least vocational English language skills (5.0 in all four sections of an IELTS test) unless there are exceptional circumstances,

meet any mandatory licensing, registration or professional membership requirements that allows them to work unsupervised and without further training in the nominated position, and satisfy at least one of the following criteria:

(a) Have received a positive skills assessment by an approved assessing authority and have at least three years full-time work experience in their nominated occupation before lodging an application for an ENS visa.

(b) Have been nominated by an Australian employer to fill a senior executive position with a base salary of more than $250,000 per year.

(c) Hold an eligible visa (includes Subclass 457 visa) and have been employed full-time in Australia while holding that visa and actively performing the duties of the nominated occupation for a period of two years immediately preceding the ENS visa application being made, and at least a period of 12 months working full-time for the employer who is sponsoring for the ENS visa in the nominated position.

457 To Permanent Residency Via Regional Sponsored Migration Scheme (RSMS)

The Regional Skilled Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia.

The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

Applying for permanent residency under the RSMS is a three-step process:

1. Application for Regional Certifying Body approval of nomination.

2. Nomination application by the Australian business.

3. Visa application by the prospective employee.

Application to Regional Certifying Body

The Regional Skilled Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of nominated positions and salary levels than that available under the ENS scheme.

The RSMS allows Australian employers to nominate any occupation for which the required skill level is at least Diploma level (includes trade level qualifications). This requirement recognises that the RSMS is only for skilled workers, yet it still allows for a very broad range of occupations which can be sponsored under the scheme.

There is also provision to have an occupation at a lower skill level considered for nomination if there are exceptional circumstances. This is significantly different from the ENS where employers can only sponsor for positions prescribed on the ENSOL. The minimum salary amount is also prescribed.

The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

Regional Sponsored Migration Scheme (RSMS) - Nomination Application

Employer (sponsor) requirements

In order to be eligible to participate in the Regional Skilled Migration Scheme, an employer must:

be actively operating a lawful business in Australia,
demonstrate a genuine need for a paid, skilled employee to fill a position in their business,
comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable),
be able and willing to provide the employee with an offer of permanent employment.

Nominated position requirements

In order to be eligible for the RSMS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

be a full-time position which is available for at least two years; provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
be an occupation which requires at least a Diploma level qualification (including trade qualifications)
have been certified by an authorised Regional Certifying Body.

Regional Sponsored Migration Scheme (RSMS) - Visa Application

Employee (visa Applicant) requirements

In order to be eligible for the RSMS visa, the employee (visa applicant) must:

have an eligible employer who is willing to sponsor them for permanent residency to Australia,
be under 45 years of age at the time of the application (unless exceptional circumstances),
have at least vocational English language skills (5.0 in all four sections of an IELTS test) unless exceptional circumstances,
meet any mandatory licensing, registration or professional membership requirements which allows them to work unsupervised and without further training in the nominated position, and
have qualifications at least equivalent to an Australian Diploma level qualification (unless exceptional circumstances).

Other Skilled Visa Options From 457 To Permanent Residency

Applicants in Australia on a subclass 457 visa are also able to apply for offshore permanent skilled migration visas such as the Subclass 175 Skilled Independent visa or Subclass 176 Skilled Sponsored visa.

When applicants are in Australia and apply for an offshore skilled migration visa they will be required to travel overseas prior to the grant of the visa, however, they are able to remain in Australia on a 457 while the skilled migration process is completed. The grant of a skilled permanent residence visa will override a 457 visa.