Grandfathering provisions 457 to ENS/RSMS announced

The DIBP Fact Sheet Two: Reforms to Australia’s permanent skilled migration program, November 2017, updates the previous versions and provides guidance on the grandfathering provisions for holders of Subclass 457 visas up to and on 18 April 2017.

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.

Client Cohort TRT requirements expected to apply
Client held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application New requirements apply subject to the transitional provisions outlined below:

  • occupation list requirements will not apply
  • the age requirement will remain at less than 50 years of age with existing age exemptions still available, and
  • the minimum period an applicant is required to have been employed in their nominated occupation as the holder of a subclass 457 or TSS visa will remain at two years.
Client lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application
All other applicants New requirements apply (e.g. new age requirements and three year transitional period on a temporary visa).

Important:

  • Eligible overseas workers will need to lodge their permanent visa application within four years (by March 2022).
  • Access to these transitionals by an overseas worker is not dependent on continuing to hold the same subclass 457 visa or working for the same employer. The overseas worker can have since been granted subsequent subclass 457/TSS visa/s and/or been re-nominated by a different employer.