Permanent residence – transitional arrangements for 457 visa holders cease in March 2022
The Australian Government in 2017 announced that the Temporary Work (Skilled) subclass 457 visa program would cease and be replaced by subclass 482 (Temporary Skilled Shortage) visa.
The subclass 482 came into effect in March 2018 with new eligibility requirements.
The Department of Home Affairs (DoHA) announced transitional arrangements for those people on their subclass 457 visa to gain permanent residency.
The deadline for the transitional arrangements which allows subclass 457 visa holders to obtain permanent residency is fast approaching.
We have spoken to many clients and have advised them that if they can qualify, they should not leave their application till the last minute.
There are basically two options:
- Temporary Residence Transition subclass 186 stream – If you held a 457 visa on 18 April 2017 or applied for 457 visa before 18 April 2017 that was later granted
- Temporary Residence Transition subclass 187 stream – if you held a 457 after 18 April 2917
Temporary Residence Transition subclass 186 stream
To qualify you must have held a subclass 457 visa on 18 April 2017 or have applied for a subclass 457 visa on or by 18 April 2017 that was later granted.
You must also have continued to hold the subclass 457 or a subsequent subclass 457, subclass 482 visa or a related Bridging Visa.
You will be eligible to apply for a subclass 186 visa if you have worked 2 years in the past 3 years with your sponsoring employer in their current occupation regardless of whether your occupation is on the Medium to Long-Term Skilled Occupation list (MLTSSL) or not; you are under 50 or if over 50 years of age or meet the age exemption criteria.
It is important to note that the original subclass 457 does not have to be the original subclass 457 visa sponsor from 2017.
It has to be the current sponsor.
Temporary Residence Transition subclass 187 stream
The subclass 187 visa had two streams previously, the Direct Entry and the Temporary Residents Transition stream.
In 2019 the Department of Home Affairs closed the Direct Entry stream to all new applicants but continued to allow regional transitional arrangements for impacted subclass 457 holders.
You must have held a subclass 457 visa on or after 18 April 2017.
You will be eligible for a subclass 187 visa if you have worked for 3 years in the past 4 in your occupation with your sponsoring employer regardless of whether your occupation is on the MLTSSL or not.
It is important to note that the original subclass 457 does not have to be the original subclass 457 visa sponsor from 2017.
It has to be the current sponsor.
How can FC Lawyers help 457 visa holders?
Contact our team of accredited specialists and experienced registered migration agents to discuss your options. Even if you don’t qualify for these two options we can discuss possible other options or pathways to assist you.
It’s important for 457 visa holders to get the right migration advice.
