457 to PR Australia. Options for 457 holders to Permanent Residency in 2018

These could be pathways for converting your 457 to PR (Permanent Residency) in 2018
  1. Via the Employer Nomination Scheme temporary residence transition stream (ENS 186 visa or RSMS 187 visa) (457 to 186 visa or 457 to 187 visa)
  2. Via the Employer Nomination Scheme direct entry stream (ENS or RSMS visa)
  3. Via the Skilled Migration (points based skilled visas – 189, 190, 489)
  4. Applying for a partner visa (if you have a Australian Citizen or Permanent Resident De facto or Spouse- check your eligibility here)
  5. Applying for a visa based on your spouse’s qualification (if you are Married or in a De Facto Relationship)
  6. business visa could be a possibility if you have a certain net worth and turnover.

If you have been working for your employer for the last 2 years and they are willing to sponsor you for a permanent position (at least 2 years) you could be eligible for the 186 ENS visa- Transition Stream.

457 to pr (ENS 186 visa / 187 RSMS Visa) , 2018 updates

The Department of Home Affairs confirmed that from March 2018, people who were existing subclass 457 visa holders before April changes will still have access to an employer-sponsored pathway to permanent residency (See: Grandfathering Provisions)

Provisional arrangements will be very similar to existing ones, which means 2 years with the same employer on 457 visa and competent English should be the main criteria for an ENS or RSMS visa grant under transition stream. Age limit will be 49 years as opposed to 44 for direct entry stream.

What does it mean in reality? Essentially, people who for various reasons are not able to get their skills assessed by the relevant skills assessment authority, cannot apply for direct entry stream of an ENS visa.

457 to PR after March 2018 – grandfathering provisions

These visa holders will be able to access certain existing provisions under the TRT stream:

• occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa);

• the age requirement will remain at less than 50 years of age; and

• the work experience requirement will remain as two out of the three years on a subclass 457, prior to nomination remaining at two years.

Further clarity has been added to other provisions:

• Work experience: At least three years work experience relevant to the particular occupation will be required

• Training requirement: The contribution to the Skilling Australians Fund will come into effect from March 2018 (subject to being passed by parliament).  The contribution will be paid in full at the time of nomination and is set at $3000 for businesses with turnovers of less than $10 million dollars, and $5000 for other businesses.

Please note that transitional provisions are only for those 457 visa holders who had their visas granted before 19th April 2017.

457 to PR , questions answered

Impacts for existing 457 visa holders wishing to apply for permanent residence

  • Q: If I hold a 457 visa, can I apply for permanent residence through the TRT stream of the subclass 186 or 187 visa after March 2018?
  • A: Yes, this stream is available to all subclass 457 holders who meet the various requirements. Transitional arrangements will be put in place in March 2018 in relation to certain requirements if you held or applied for your subclass 457 visa before 18 April 2017.
  • Q:If I hold a 457 visa, can I apply for permanent residence through the Direct Entry stream of the subclass 186 or 187 visa after March 2018?
  • A: Yes, this stream is available to all subclass 457 holders who meet the various requirements, including being nominated in an eligible occupation
  • Q: If I turn 45 shortly, can I apply for permanent residence through the subclass 186 or subclass 187 visa?
  • A:No, you will not meet the requirements for a subclass 186 or 187 visa unless:
    • you held or had applied for your subclass 457 on 18 April 2017 and are applying under the TRT stream – see below; or
    • you meet one of the age exemptions for these visa subclasses
  • Q:How do the changes to the subclass 186 and subclass 187 visas affect me if I held my 457 visa before the Government’s announced the changes on 18 April 2017?
  • A:People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the TRT stream:
    • occupation requirements remain the same (ie there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa)
    • the age requirement will remain at less than 50 years of age; and
    • the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years.

They will, however, be required to meet additional subclass 186 and subclass 187 eligibility criteria that will be in place at that time, including English language requirements and salary arrangements, with the Temporary Skilled Migration Income Threshold (TSMIT) to be introduced for subclass 186 and 187 visa from March 2018.

  • Q:If I had not applied for my 457 visa before 18 April 2017, can I apply for permanent residence through the subclass 186 or subclass 187 visa?
  • A: Yes, but you will need to meet the eligibility criteria for the specific visa in effect at the time you apply. This will include:
    • being aged less that 45 years of age at time of application, unless you meet one of the specified age exemptions; and
    • for the TRT stream, having worked in your occupation on your subclass 457/TSS visa for a minimum of three years.
  • Q:If I hold a 457 visa, can I apply for permanent residence through the Direct Entry stream of the subclass 186 or 187 visa after March 2018?
  • A: Yes, this stream is available to all subclass 457 holders who meet the various requirements, including being nominated in an eligible occupation
  • Q:If I turn 45 shortly, can I apply for permanent residence through the subclass 186 or subclass 187 visa?
  • A:No, you will not meet the requirements for a subclass 186 or 187 visa unless:
    • you held or had applied for your subclass 457 on or before 18 April 2017 and are applying under the TRT stream – see below; or
    • you meet one of the age exemptions for these visa subclasses
  • Q: How do the changes to the subclass 186 and subclass 187 visas affect me if I held my 457 visa before the Government’s announced the changes on 18 April 2017?
  • A: People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the TRT stream:
    • occupation requirements remain the same (ie there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa)
    • the age requirement will remain at less than 50 years of age; and
    • the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years.

They will, however, be required to meet additional subclass 186 and subclass 187 eligibility criteria that will be in place at that time, including English language requirements and salary arrangements, with the Temporary Skilled Migration Income Threshold (TSMIT) to be introduced for subclass 186 and 187 visa from March 2018.

  • Q: If I had not applied for my 457 visa before 18 April 2017, can I apply for permanent residence through the subclass 186 or subclass 187 visa?
  • A:Yes, but you will need to meet the eligibility criteria for the specific visa in effect at the time you apply. This will include:
    • being aged less that 45 years of age at time of application, unless you meet one of the specified age exemptions; and
    • for the TRT stream, having worked in your occupation on your subclass 457/TSS visa for a minimum of three years.