Will existing 457 Visa holders still be able to get Permanent residence (PR)?

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Existing 457 Visa holders – Can I Still Get PR?

Will 457 Visa holders still be able to get Permanent residence (PR) following the latest changes?

It’s fair to say, the recent announcement that the current 457 Visa system will be scrapped, has caused some concern and angst for 457 Visa holders hoping to gain Permanent Residency (PR) at the end of the 457 Period.

We’ve had various comments in response to our recent articles including questions along the lines of

I’m a current 457 visa holder. Will I still be able to transition to PR after March 2018?

or

457 to Permanent Residency, Is it still possible under new process?

The confusion stems from the fact that, unlike the current visa arrangement, the replacement — a two-year Temporary Skilled Shortage (TSS) visa will not allow permanent residency at its conclusion.

However, Immigration Minister Peter Dutton has also said that the 95,000 people already in the country on a 457 work permit would be unaffected by the change and permitted to apply for residence, stating that “they will continue under the conditions of that visa”.

So which is it?

457 to PR – Will it still be possible?

The usual approach taken by most 457 Visa holders seeking to gain permanent residency is through the Employer Nomination Scheme.

At the time of typing (April 24, 2017), the Regulations or Policy changes to the Employer Nomination Scheme (subclass 186 visa) pathway, are proposed changes only.

As such the information is limited to what is on the Australian Immigration website, however, this information is not clear and in some cases contradictory which in turn is leading to even more speculation and confusion.

As an example, It has been stated that current 457 visa holders will not be affected and the current rules will apply to them, but then, this is contradicted by the statement which says all ENS and RSMS post-March 2018 will need to nominate an occupation on the MLTSSL!

The reality is, until regulatory changes are made and the relevant Regulations and Policy are updated, everything else is just speculation.

We’ll provide a further update on the options for 457 Visa holders to gain PR when this speculation becomes fact.

Written by Mark

As the founder of Getting Down Under, Mark is passionate about demystifying the process associated with a move to Australia.
Having launched Getting Down Under in early January 2006 and made the move to Australia from the UK in the same year, Mark continues to share resources and support for those looking for assitance, Getting Down Under.

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104 Comments

  1. ** Update: Comments on article are now closed. Please post in our forums if you still have any questions and we will be happy to help. **

    Hello Everyone and thank you all for your comments and questions on this article.

    Our comments section is really designed for giving an opinion on an article rather than a forum for questions and answers. With this in mind, we’re going to close comments on this particular article.

    We would still like to help with any questions though, so if you still have any questions, our forums are the place to start. They also enable much better tracking and will be answered much more quickly than our comments (which can sometimes become lost).

    With this in mind, if you have any questions please click the following link to ask a question in our forums

  2. Hi, Mark
    This is Jason. I just got my 457 visa this March and then my occupation got removed. just wondering when do you think the Department will release the detail of 457 visa holders applying 186 visa through TRT.

    • Hi Jason, the department has been a little sketchy on the subject however they have hinted that further information will be provided before March 2018 (not very helpful I know).

      Hopefully we will have further information much sooner than this. See this post for answerws to some additional questions following the changes ot the 457 visa:

      457 Visa FAQ Update

      All the best

      Mark

  3. Hello sir
    Iam on 457 visa and applyed pr ….
    but bad luck the nomination got refusel.
    And I got only 3 months on my visa.
    Mean while a month ago my employer brother partner has passed away….
    The organization doesn’t last anymore,,,,
    But my boss got same name and the business in different places.
    But only the option at the stage they gave is to apply for RSMS by own by getting 6. Band in English..
    Can please help me

  4. Good evening, I am 59 years old working for my company for 2 years – Multi National company. I have a 457 visa which was granted April 2016. My profession is still listed on the skills list. Do I have to wait 2 or 4 years before I can apply for PR.
    I have 3 children in Aus – all PR and 2 grandchildren. We Built our property without a mortgage to add to the housing stock . We have been in the country for 3 years . Our first visa was a student visa , my husband was an international student studying masters in professional accounting we paid $55k for studies. We have moved our whole life here – your advice would be most welcome. Thank you

  5. Hi mark im curently on my 457. And 2 years will be completed by sep 2018. Will have to score 6 in each when applying for PR? Or minimum of 5 is still enough by then? Thanks

  6. Hi Mark
    Is there any amnesty the Australlian Immigration can give to us , whose age is over 50 yo to apply for permanent residency? I been living and working here with my wife and son in Newma WA as a Fitter / Machinist for almost 6 years. Currently I am working with Linkforce Engineering doing machining jobs and shut downs in different mining site around Pilbara Region. My age is the only hindrance to apply for PR. Is there any exemption the immigration can give to us considering they will implement a lot of changes in the immigration rules ? My current company is willing to give sponsorship and justification in order for us to apply for PR. Is there any weight given or consideration if you have a child studying here in Newman for 4 years? I am willing to get your services just let us know if we still have a good chance. Thank you and looking forward to have a positive feedback.

    Regards
    Santy

    • Hi Santy, just to be clear mate. I’m not a registered migration agent so I don’t have any services to offer beyond the information I give freely.

      Based on the information available here, there does appear to be a number of age exemptions covering a range of scenarios. This includes an option to apply via the temporary residence transition stream, however, there appears to be an income dependency for this stream so it’s not 100% clear if this will be an option for you.

      I highly recommend you seek the services of a registered migration agent. You can identify a local agent via the Mara website here: https://www.mara.gov.au/search-the-register-of-migration-agents/

      Sorry I couldn’t help answer your question directly Santy, however, I wish you the best of luck!

  7. Hai Mark,
    I am working on 457 visa. I already finished three years with same employer.
    My contracts with the employer is irregular. Presently, i have my contract up to December 2017.
    Am I eligible apply PR Using ‘457 transition to PR’ method.
    Please reply me. My occupation is now in TSS list.

    • Hi Ramesh, on the basis that you have had at least two years continuous employment with the same employer, and this employer is willing to sponsor you for PR, then you should be able to apply (on the basis that having your visa conditions grandfathered means exactly that which is assumed, but still to be confirmed).

  8. Hi mark I got my 457 in august 2016 and got only 18months visa as a restaurant manager my visa is expering on February 2018 from march I heard that no more 457 visas will be issued does the new rules effect me can you pls tell me what willl be my situation thanx

    • Hi Kumar, if existing holders are having their visa conditions ‘grandfathered’ then theoretically you ‘should’ be able to apply for PR after working in your occupation for two years. This is still to be confirmed however as the Australian government is still to confirm what having your visa conditions ‘grandfathered’ actually means.

      We can guess, however, this probably isn’t the best approach for basing your life decisions on!

  9. Hey i got my 457 visa on august on 2015 ,my boy friend do not put the visa with me because he already stayed in student visa ,now on january 2017 he tried put the visa with me ,as a my secondry ,is it possible to put departo visa on 457 as a secondry without merriage

    • n order to add a partner to a 457 visa, you will need to be married or be able to demonstrate a de facto relationship of at least 6 months. This should include evidence that you live together as a couple as well as other elements of a de facto or spousal relationship.

      Beyond this, you will also need written consent from your sponsoring employer that they allow their sponsorship obligations to extend to your partner.

  10. Hi mark

    My husband is the Primary holder in 457 visa and his job category is in the short term list, as our visa was granted on 19feb 2016 to 2020, so will we be affected with the new changes as mentioned saying the 457 visa holders already in the country will not be affected , as next year 1march 16 was his employee date , he will be completing 2 yrs in his employment next year 1 March 2018, so for us to apply for the ENS will it be possible or do we hav to do it before the date

  11. Hi Mark, I got my 457 approved in mid December last year for a 4 years stay, and the goal is to get to pr one day.
    The thing is my job title is no longer on the list for new applicants, do you think I will still be able to apply for pr on December of next year?
    I’ve read your article, and I get that is still all speculation at the moment, but what do you think is gonna happen on my situation?

    • So my response here is more a hope than speculation Sal, however I ‘hope’ the government does the right thing by 457 holders and maintains the provisions of all visa holders who were granted visa’s and made the decision to move to Australia prior to 19 April. At the end of the day, the chance of PR will have been, for many, the reason why people choose to sell up and move to Australia on a 457 visa. To remove this opportunity after they have committed to such a big change, simply wouldn’t be fair in my book.

      So in short, I hope the Australian government does the right thing for 457 holders already living in Australia. However, only time will tell.

  12. Hi Mark,

    Thanks for all the above information.

    I did my bachelor degree in Production engineering and my 10 years profession is a combination of Mechanical and Production engineering.
    In MLTSS list Mech. engineering is still there but Prod. engg is available only with special condition/status.

    During the assessment, will they consider the education stream or professional stream?

    I have an employer in Australia who will sponsor me for 457 visa.

  13. Hello, Mark,
    I am a Mechanical Engineer(233512) Working Visa(457) holder, My Visa granted on 31 July, 2013, and will expire on 31 July 2017.
    I worked more than 2 years for my first employer, but they didn’t like to do transfer 186 Visa for me.
    Therefore I changed to another company(different employer) from Sep 2016, less than one year up to today.
    I was wondering can I do the application of 457 to 186 Visa now(less than one year worked my current employer)?
    If not, I will renew my 457 Visa.

    I am looking forward your reply.

    Regards
    Geoff

  14. Hi mark I applied for 186 through direct entry stream ,I got 5 years of experience in cooking and am still working pls let me know if am required a skill assessment or not thanks

    • Hi Monu

      Are you in Australia already on a 457 and have you been with the same employee for over 2 years?

      If so, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

      Hope this helps

      Mark

      • No actually my 457 is expired but because I have 5years experience so with 6 in each I applied for that visa and am working with this employer from last 22 months but I used have 457 from 2011 pls provide me your private email or contact number so I can explain you more about my condition thanks

  15. Hello Mark.
    My family are current holders of 457 Visa. We arrived here in Jan 2017. With all these going on about the 457 please tell me:
    1. Do we need to change our visa from 457 before March 2018?
    2, Which type of Visa would we be changing from as March 2018 means that we have only been here 1 year and couple of months.
    Cheers
    Jane

    • Hi Saane, as your 457 was granted before the change, then your existing visa provisions ‘should’ apply. I say should, as it’s not 100% clear what the ‘grandfathered’ provisions I’ve mentioned actually mean. With that said, I think it’s a reasonable assumption that this will be the case. We’ll share more information in this space when we have it.

      • Hi Mark,
        I believe you already heard that there is an explanation letter has been announced to agents. And in terms of this letter, many agents said the IELTS will be increased to 6 starting from July for current 457 Visa holders who want transfer to ENS. Do you agree?what’s your opinion? Thank u very much

        • Hi Ben, I can only really give an opinion on the information made publically available as I’m not a migration agent. :) If this turns out to be correct, then my opinion would likely be one of disappointment as this doesn’t quite align with what many would interpret as current 457 visa holders having their conditions ‘grandfathered’.

          Whether or not I agree with this information? It’s a little more difficult to say

          At the end of the day, a registered migration agent will always have access to more resources and information than I do. If the government has provided registered agents with an explanation letter, then the information contained within the letter is, what it is, and is generally, not open for agreement or otherwise.

          With that said, dealing with an agent is not mandatory, if you want to get an ‘official’ view before the information is published, You could always make an enquiry with the migration department directly: https://www.border.gov.au/about/contact/make-enquiry

          Hope this helps

  16. Hi Mark hope you are well,i wss granted my 457 18th April last year and was hoping to go for pr next April i have worked full time with same company who have said they will support me all they can. Do you think i will be successful umder these so called grandfather rights!

    • Hi Andrew. Sorry mate, I would hope so, however, I think I have made my views pretty clear. That being, that it’s not clear, so any view I could give you would be purely speculative and not particularly helpful. Sorry

  17. Hi Mark,
    I had a 457 granted in May 2014 and then I moved employer in January 2015 (still in health just a different state). In February 2017 after being with my employer for over 2 years and prior to the changes being announced my employer (WA Health) submitted an application for PR. My career (Neurophysiology Technician) working in Neurology is not on the skilled careers list. Will my PR application still be processed?
    I hope you’re able to clarify this for me.
    Many thanks
    Sarah

    • Hi Sarah, it should be if the ‘grandfathering’ provisions the government have suggested would be applied to existing visa holders, holds true

  18. Hi Mark,
    Thank for relying, actually I read this information from reforms to Australia’s permenant employer sponsored skilled migration program which it will be changed English test scores for all applicants pr on 1 july, is that right? If not please explain to me, thank you
    Cheers,

  19. Is there any chance to apply PR under ENS TRT stream if the occupation has been removed from the both lists.

  20. Hi Mark,
    I’m holding the 457 visa for 1 and haft year, and I would like to apply the pr after 1 July, so that mean I have to take the ielts 6 for all skills, but a little hard to get that much score, so any another way for applying pr, thank you and have a nice day

    • Hi Foong, It has yet to be confirmed that existing 457 visa holders will have the new IELTS requirements imposed when they apply for PR. Where did you get this information?

  21. Hi, my husband is on a 457 through his employer, the two years on the visa is 7th April 2018 however he has in total worked for the company 2.5 years at that point, we were planning on going for PR asap. Now this talk about march 2018 being a deadline to apply – are we able to lodge in March even though we don’t hit two years until April? Otherwise we are 7 days outside of the cut off meaning he will have to do another year to qualify for the 3 years with an employer.

    • Hi Lucinda. Am I assuming you are referring to an application under the Employer Nomination Scheme?

      So, to qualify for ENS via the 457 visa Stream, your husband must have been employed:

      – Full time: this means at least 35 hours per week under policy
      – In Australia: short periods of absence (eg for training or business meetings) are generally OK, so long as your employment is still based in Australia
      – In the position for which you hold the 457 visa
      – For at least 2 of the last 3 years, excluding any periods of unpaid leave

      The views on when the 2 year period commences, appear to vary online, and based on my own research it’s not 100% clear. To be 100% certain I would check with Australian Immigration (contact details here).

      • Hi Mark,

        Thanks for the reply.

        He does qualify for all of those points, but like you said the issue we are having is around the clarification of whether at the 2 years on the 457 with his employer whether we can go for PR if that two years falls after March 2018. I will try and speak with immigration, seems crazy this info isn’t readily available to people.

  22. Hello Mark,

    My name is Charan from India. I understand that the changes will be made to 457 visa from April 2018 and one of the organisations has given me the word that they would process 457 visa for me now. Is it possible to do so now or any other type of visa should be allowed for work permit(prior to April, 2018)?
    Kindly, respond to the question and accordingly, I shall take the steps.

    Thank you!

    • Hi Charan, although there have been changes to the 457 visa scheme, 457 Visas are still available for applicants looking to move to Australian under the short term, skilled visa stream. The new TSS visa procedures will still apply to your application though.

      • Thank you very much for the response Mark.
        I hope I am be eligible for the TSS. I belong to IT sector and I have 7+ years of experience. I am told that I will be getting $100K per annum in Australia and I need a clarification with respect to English language proficiency. In TSS instructions, it is given that one should secure atleast 5 in IELTS to justify the point​ of proficiency. I never sat for IELTS and would like to avail a letter from my college that I have studied all the subjects instructed in English as a medium. Will this be sufficient to have the process smooth? If you would like to suggest some more points to be taken care, please let me know.

        • Charan, I am also in the same boat..!!
          Waiting for the employer to initiate the visa process.

          btw, the info in oz website regarding English language requirements is, they will remove the driteria of min AUD95k for eng. language test exemption from 1st APR onwards. This means, if you are above this salary threshold, still you have to meet any of the other requirements (US,UK,CANADA etc citizen, 5 yrs cont. medium of study in eng. etc) . This is what I understood.

          good luck.!

          and kudos to Mark..!

          • Thanks for your input Praveen, it’s very much appreciated when our other visitors contribute!

          • Thanks Praveen for the response. I have gotten a letter from my institution stating that I have 5 yr continuous medium of study in English. I would think that I could apply for the visa prior to 1st July. However, I also thought that it is better to have the letter just in case. Could you just confirm me as per your knowledge that this would satisfy all the pre-requisites to apply for the 457? And, just let me know if you have come across any other points that we need take care of.

    • I’m also in the same situation. process not yet started, hope I can start by June. Also not very sure about the pre-requisites. As Mark said, all information now available is speculation. we should get advise from someone who really gone through the process after the reformation.

      I think, it will be good if we get in touch with each other to share the proceedings. I will share you my email id. If Mark approves that, then you can view..! :)

      Also we can share here the process once it is started. this will help others to have some idea.

  23. Hi Mark,
    if I have a 457 visa from 2 years (2 years on the 9th of April 2017) but my position (restaurant manager) is only showed into the Short term list, can I still apply for the 186 (TTS)? Now I finally have all the documents and I can apply within 2 weeks. My fear is that they will reject my 186 Visa application because my position, after the riform, is not anymore an eligible position for PR. Or what if I will apply now and I won’t have an answer before 18 of March 2018? Sorry but I am really frustrated. Thanks for your help

    • Hi Sara, it’s not 100% clear beyond the statement from the Australian government that existing 457 visa holders would have their visa conditions ‘grandfathered’.

      If having your conditions grandfathered means that the conditions at the time of your visa grant would apply then I think you should be good to go!

      Either way, I would be inclined to lodge your visa application now as time will not be your friend as we head closer to March 2018!

  24. Hi mr Mark. I applied for 457 as a cook on the 10th of april and still waiting for the answer from the immigration department. No one is telling me if it will be 2 years visa or still the old type 457 visa that would allow me to apply for the pr after2 years. Some people even told me about a grace period for current applicants like me (not talking about refund cause my position is still on the list…even if it’s in the short term list) that can still have tue 457 granted with the old law rules. Is it true or just hopeless dreams? Kind regards

    • I hope it is true but my first thought is it is unlikely Bhupinder :( If your 457 visa hasn’t yet been granted then you likely don’t fall into the bucket of ‘current’ 457 visa holders who will have their visa conditions grandfathered. As such, it is more likely the new visa regulations will apply to your application.

  25. Hi mark my partner is still waiting on his nomination for the ENS visa 186 but we have all of our police clearances etc so we are ready to apply but our current 457 visa expires on the 24th may 2017? Do we have to leave the country if we dont get the nomination before then or is there any other options available to us? Any help at all would be great. Thank you

  26. Hi Mark

    I am in the same position as Adam however I am eligible to apply for PR (TRTS) in June 2017. Will I still be eligible under the old visa system?

    • It’s not 100% clear unfortunately Louise, we hope to get some further clarity in the coming weeks. I would hope, however, If you had a 457 visa before the changes were announced then the old policies and procedures would apply.

  27. Hi as we know 457visa is abolished from 18th of April Could someone please tell what is the ilets score required for chef / cook sponsorship visa if apply before this July 2017

    Thanks

    • The requirement is an IELTS score of 5 for 457 visas, this will increase to a minimum score of 6 from 1st July. More info here

  28. Hey Mark, hope you are doing well. My 457 visa was granted on February 2014. I was appointed as a Sales and Marketing manager. I worked in different restaurant throughout the time period because of conflicts. In 2015 April I was working in one restaurant as a Sales and Marketing manager. I have countinued in the specific restaurant for 2 years. However, due to certain restrictions I am not sure if I am able to still apply for Permanent residency. I was granted a 4 year 457 visa which is expiring next year on February
    Thankyou so mucb.

    • Hi Jessica, if you have completed 2 continuous years with the same employer, and this employer is willing ti sponsor yu for PR, I would encourage you to progress an applicant for PR as soon as possible.

  29. Hi Mark
    Thank you for being so helpful and all the info.
    I’m currently on 457 visa (granted on Feb 2017) as a graphic designer and my position has dropped to SSTL under the new rules. As the eligible time for PR will happen in Feb 2019 (or Feb 2020 if the change to minimum 3 years will apply to me as well) and both situations are after March 2018, does it mean that I won’t be able to apply for PR ou it does not change because I have already the 457 granted before the announcement? Or is that the “gray line” under contradictions that we have to wait until final announcement?

    • Yep, that’s the grey line, unfortunately, Nelson, we need the Australian government to expand on the existing 457 visa holders having their conditions ‘grandfathered’ comment. If this means all the conditions associated with your 457 visa would apply then you ‘should’ be good to apply under the old conditions.

      This is still to be confirmed, however.

      • Thanks for your answer, Mark. Is that a ETA for the anouncement to happen or it can come at any moment?

  30. Hi Mark,

    Thank you for all the updates posted. Much aprreciated.
    My case is so complicated at the moment. I am in a 457 visa since October 2017 as a reastaurant manager. I just got 18 months visa due to new company so it got expired this April 2017 and I had applied for renewal on 6 th of Apri 2017. Now i am confused if I ever get my visa renewed or not or I would be granted under new law. I was just 6 months away for being eligible to apply for permanent residency. Now It’s stressing me as my job is demoted as per new provision and I would never get to apply pr.
    I would be very thankful if you provide some info.
    Thank you
    Suju

    • Hi Suju, so has your new 457 visa been granted? If it has not been granted then I’m really sorry but the new TSS visa rules will apply to your visa unfortunately.

  31. We are in our 50s and hoped to transition to Pr from hitting the high earnings threshold, after 4 years here on our 457 (June 19)can you please tell me if this is still viable? We would never had made the move if this were not an option
    Please help? We now do not know whether to pack up and return to uk
    Thanks in advance

    • Hi Sue, I would encourage you to get the ball rolling sooner rather than later. It’s still not 100% clear what the changes will mean, however beyond March 2018 things become even less clear. As soon as we receive clarity from the Australian Migration Department we will update our post here on GDU.

  32. Hello Mark, My daughter and her husband are here from England on a 457. They came with the knowledge that they would apply for PR after 2 yrs. He will be 45 before the 2yrs are up and we just cant believe they could move the goalposts for them. They have worked hard and my daughter is getting lots of work teaching.She has me her 2 brothers an uncle in fact most of the family are here.What can we do to find out what can be done? It seems as though no one knows anything for sure and its unfair that they should suffer such a thing. Can anyone help.

    • Hi Valerie, I know it’s frustrating but unfortunately, we won’t know for sure until the relevant Regulations and Policy are released, which will not be for a while.

      As soon as we have more news we will post it here.

  33. Thank u Mark, it’s really hard for you to answer questions one by one. Really appreciate it
    Like most of current 457 visa holder who is going to convert PR while their job has been removed from the list, I am so worried about that are we able to apply PR as planed. My situation is very similar with Amy that already been here for one and half years, working hard, getting used to live here, gave up all assets before came here, the most important thing is my child has already adapted to studying here… I know I can’t do anything right now except waiting, I just want to bless everyone who has same situation with me will be safe from this crisis, if possible we can be a group to express our concern together to government.
    Best wish to everyone and many thanks for Mark’s help
    Ben

  34. I am holding my 457 visa for 1 and half years , and I am planning to apply the 186 visa ,what score of ielts I have to prepare? Before the new policy is all band 5 score .how about now ? thanks

  35. Hii Mark
    I am from india i have interested to do job in Australia but now the temporary visa 457 was cancelled then how can i process to Australia is any another way

  36. Hi Mark,
    If someone is only able to apply for PR in August 2018 (2 years at employer) and their occupation has been removed from the list. Would they be able to get their employer to sponsor them now via the ENS direct entry stream or would that be subject to the new MLTSSL now?
    Thanks so much for all the info above, it is really helpful.
    Kind Regards
    Devan

    • Hi Devan, theoretically you would be able to (if the grandfathering comments from the Australian government means that your visa conditions at the point of visa grant would apply) however per my comments in the article above. It’s not 100% clear. Hopefully, we should get some further clarity in the coming weeks.

  37. Hi,

    i am holding 457 visa which is valid till Sep-2019 but not working in Australia. I have moved back to home country since project got over. I will be affected by this change?

    • Hi Kumar, if you are no longer employed by your sponsor then I’m afraid the validity of your whole visa will be in question.

      I would be more inclined to check with the Australian immigration department to make sure it is actually valid until September 2019. If you are no longer employed in Australia, your employer at the time has an obligation to let the immigration department know at which point your original 457 would be cancelled.

      Even if you were still in Australia, if your employment had ended you can only remain on your 457 for 60 days. See here for more info: https://gettingdownunder.com/time-slashed-457-visa-holders-find-new-job/

  38. Dear Mark:

    Thank you for sharing your opinion and clarifying the situation for the 457 current visa holders ( that is really helpful ).

    I am a 457 visa holder and my job has been removed from the MLTSS list as well. Based on the current law, my visa 457 -> 186 will be after March next year ( I understand I need to wait for the regulations and policies come out then I will know I can still eligible to apply PR or not).

    I was researching the information online and I saw the news states:
    The 95,000 skilled migrants currently in Australia on 457 visas would be unaffected and still be able for permanent residency at the end of the four years.

    “Existing 457 visa holders and applicants as at 18 April 2017 will continue to have access to existing employer sponsored pathways to permanent residence

    I am wondering if the above statements are true, why the 186 fact sheet now is proposing to change ( after March, 2018) all of the applicants need to follow the MLTSS list?

    I have two questions:
    I was told the 186 fact sheet is only proposing to change the direct entry stream instead of TRT after March next year ? Is it true ? ( I saw the face sheet it shows all of 186 and 187)

    How long would u expect the relevant regulations and policy updates ? Should I need to wait until next year March ?

    Thank you so much

    • Hi Amy. Unfortunately, we’re in a position whereby what the Australian government has said, conflicts somewhat with what they have written (ie. the commitment that migrants already on 457 visas will have their visa provisions ‘grandfathered’ which in turn conflicts with some of the information written within the fact sheets).

      Though I don’t think we will need to wait until March, I would hope clarity on this point is provided in the coming weeks. As soon as it is, we’ll provide an update on our website.

      • Dear Mark :
        Thank you so much for letting me know the estimated time ! Now I feel better that I might not need to wait till March 2018 to get the result

        Almost one week, none of the days I slept well ( I am pretty sure I am not the only person who check the updates of the 457 visa periodically)

        Actually I would like to share a bit my opinions here :
        1. Dear Mark thank u again to spend your time with us ( I knew to ask a expertise : I need to pay for it and you are busy enough in those days then you still replied our message ).

        2. Hopefully government can consider people who hold 457 visa are investing their time/ effort/ taxes in this country. There are still many 457 visa holders are needed by their employers because some companies could not find a proper person to fill that job.

        Some 457 holders brought their family here, buying a house/ have a plan to stay here even though I knew I am holding a visa called temporary resident ( I already prepared after 2 years I might have a chance to stay longer)

        No matter what kind of results I will face in the future, I feel blessing that I can hold 457 visa before it disappear in the history.

        Thank you

        We will see and hope this government can

  39. Hi Mark
    I have had 457 since August 2015 Under the Cafe and Restaurant Manager positions and I have plan to apply for PR in August this year. Can I still do that? And is it truth that I might have to retake my IELTS test? I’ve got Overall 6 but I’ve heard people said they might change the rules this coming July to be 6 bands in each module.
    Thank you so much for your answer in advance.
    Tiffany

    • Hi, Tiffany. The official line from the Australian government is that current 457 holders will have their visa conditions ‘grandfathered’. The challenge for 457 visa holders is that they haven’t defined what grandfathered actually means, however, I’m hopeful that it means that the conditions associated with your 457 visa will remain unchanged from those on the day it was awarded.

      Retaking IELTS as an existing 457 visa holder is news to me. It sounds very speculatory so I would encourage you to take this news with a pinch of salt until such a position is confirmed by Australian Immigration (which I think would be unlikely for existing 457 visa holders).

      • Hi Mark.
        Thank you so much for your answer. None of this past few days that I’ve got a good sleep. Hoping “Grandfathered” means its still ok for all existing 457 to convert to PR. Will looking forward to any updates on your page here.
        Thank you again.
        Tiff

      • Hi I also hold 457 visa and going to apply for ENS this August .I have 6 overall in ilets.But contracted my lawyer and he suggested to get 6 each .In case they may change the rule in July.

  40. Hi Mark, I think there is no restriction for the existing 457s to apply for 189 PR independently. Please confirm.

  41. Hi mark
    I got 457 visa for 18 month I have to extend my visa in October does the new rules effect people like me ?
    Waiting your kind suggestion

    • Hi Bishal, you should be able to extend your visa without any issues as you will certainly fit into the criteria of visa holders being ‘grandfathered’ so the old conditions will apply.

  42. Hi Mark,

    I am on a 457 visa. I was issued a 4 years 457 visa in June 2016 under the Multimedia Designer position. This position is no longer on MLTSS or STSS. I am guessing, under the old conditions, I would have been eligible to apply for PR by June 2018.

    My question is NOT regarding the recent announcement. For now, I just want to get a better understanding of the current conditions (incase we get further clarity on the “grandfathering” of existing 457s).

    My question:
    Under the previous conditions, would I have been able to apply for a PR (TTS) even if my position was removed from the CSOL by the usual review that happens every year? Have you had any circumstances like these in the past where the position is removed and 457 to 186 (TTS) nominations were being submitted?

    From all the research and reading I have done, the condition to apply for 186 under TTS doesn’t specify anything about nominating a position from CSOL. It just says the nomination should have the same 4 digit code as my 457 nomination.

    Any guidance here would be much appreciated. As you can imagine, this is a huge blow to our plans as a family. I have spent half my life savings on this move and now having this uncertainty has caused so much of stress. Thankfully, my employers are very supportive and value my skills.

    PS: I just wanted to mention this here. Not a lot of us on 457 visas flip burgers and take Australian jobs. I understand there is abuse but labelling everyone in the same light is just not fair. There are a lot of us here who contribute to the country, even though we work on a temporary basis and don’t get all the benefits as the PRs or citizens do. I was invited to the country by my employer, since they just couldn’t find local talent for this role. I design high-end online instructional CPD courses and content for healthcare staff. My content is consumed by over 150,000 healthcare professionals (Nurses, midwives, paramedics etc.) across the country. I directly contribute in developing and improving Australians.

    • Hi And thanks for your comprehensive question Makarram. ;)

      The transition from 457 to PR when sponsored via your employer is via the “Temporary Residence Transition stream”. Reading the information available about this stream here, the documentation makes no reference to having to have a job on the CSOL at the time and also states “Your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.”

      On this basis, I would suggest that you would qualify based on the fact that you have spent a minimum of two years working within a role which was considered in demand at the time of your application.

      Hope this make sense?

  43. Hi Mark,

    I have had my 457 visa for around a month but my longer term hope was to gain PR via the ENS TRT stream to 186. My occupation no longer sits on the MLTSS buts on the STSOL so question is will I still be allowed to transition in two years?

    • Adam. I hope so mate! We’re in a bit of a holding pattern at the moment whilst we await an official position. The government so far have said that existing visa holders (yourself included) will have their visa terms ‘grandfathered’. Hopefully, this will include the ability to apply for PR.

      As soon as this is cleared up we will post here on GDU :)

      • Is there currently any timeframe for a response on this issue? I have held my 457 for 1 year, my occupation has also been placed on the STSOL. I always intended on transitioning to PR after 2 years, if I had known that PR wouldn’t be an option then I wouldn’t have bothered.

        • Hi Danny, I’m hearing you. Beyond the reference to current 457 visa holders being ‘grandfathered,’ there has been little else by the way of confirmation unfortunately.

          As soon as we hear anything we’ll post it here.

  44. Hi Mark,
    i am going to apply importer and exporter now under 187
    the recent changes can affect to apply this occupation

    kindly advise me

    please
    JEYA

    • Hi Jeya, are you currently on a 457 visa or looking to apply from overseas?

      If the latter, your occupation needs to be on the MLTSS and at time of typing, it is not unfortunately.

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