457 Visa to Permanent Residence (PR) – Transitional Arrangements

/457 Visa to Permanent Residence (PR) – Transitional Arrangements
457 Visa to Permanent Residence (PR) – Transitional Arrangements2018-09-20T12:17:45+00:00

On 18 March 2018, the Australian Government abolished the Temporary Work (Skilled) visa (subclass 457) visa and replaced it with the Temporary Skill Shortage (TSS) visa (subclass 482).

As part of the Government’s reforms to the employer-sponsored skilled migration visa program, generous transitional arrangements were introduced for subclass 457 visa holders who either:

  • held their visa on or before 18 April 2017; or
  • had applied for a 457 visa before 18 April 2017 and were subsequently granted their 457 visa after that date.

How to apply for Permanent Residency (PR) where you held a 457 visa on 18 April 2017

Applicants subject to the transitional arrangements apply for permanent residence under the Employer Nomination Scheme (ENS).

The application is for a Subclass 186 Employer Nomination Scheme visa (or Subclass 187 visa where the employer is in a regional area).

It is important to understand that the Employer Nomination Scheme is a two-step process involving:

  • a Nomination Application by the sponsoring business;
  • and Visa Application by the temporary visa holder.

The legal requirements for the Nomination Application and the Visa Application are those in force as at the date of lodging the applications.  This includes all of the changes which were introduced on 18 March 2018.

The current criteria for the Employer Nomination Scheme application includes important changes to ensure a genuine position is available in the sponsoring business for at least the next 2 years.

However, the key difference for persons who held a 457 visa on 18 April 2017 is that legislative requirements for the Employer Nomination Scheme include different requirements in two important respects:

Transitional requirement 1:

Persons who held a 457 visa on 18 April 2017 must have been employed on a temporary work visa by the nominating employer in the nominated position for 2 years in the 3 years prior to the lodgement of the Nomination Application by the business.

Transitional requirement 2:

Persons who held a 457 visa on 18 April 2017 can be nominated in the same occupation they were nominated for the 457 visa (regardless of whether the occupation has been removed from the Skilled Occupation List).

Where the transitional arrangements do not apply under the Employer Nomination Scheme requirements, applicants must have worked 3 years in the past 4 years and applicants can only be nominated for permanent residence where the occupation is on the Medium and Long-term Strategic Skills List (MLTSSL) at the time of the Nomination Application (regardless if it was on the list at the time of the grant of the temporary visa).

Read more about the 186 Employer Nomination Scheme Application process for all applicants.