Existing 457 Visa holders – Can I Still Get PR?

457 to PR - Options after March 2018

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.



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    jason
    Member
    jason

    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.

    Karthik mettu
    Guest
    Karthik mettu

    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

    Janice thomason
    Guest
    Janice thomason

    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… Read more »

    Emil Francke
    Guest
    Emil Francke

    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

    Santy Cablao
    Member

    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… Read more »

    ramesh ailuri
    Guest
    ramesh ailuri

    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.

    Kumar
    Guest
    Kumar

    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

    Ann
    Guest
    Ann

    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

    Shev
    Guest
    Shev

    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… Read more »

    Sal
    Guest
    Sal

    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?

    Praveen
    Guest
    Praveen

    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.

    Geoff
    Guest
    Geoff

    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

    Monu
    Guest
    Monu

    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

    saane
    Guest
    saane

    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

    Andrew gray
    Guest
    Andrew gray

    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!

    Sarah Lane
    Guest
    Sarah Lane

    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

    Foong
    Guest
    Foong

    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,

    manishr
    Guest
    manishr

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

    Foong
    Guest
    Foong

    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

    Lucinda
    Guest
    Lucinda

    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.

    Charan
    Guest
    Charan

    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!

    Praveen
    Guest
    Praveen

    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.

    Praveen
    Guest
    Praveen
    Sara
    Guest
    Sara

    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… Read more »

    Bhupinder singh
    Guest
    Bhupinder singh

    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.… Read more »

    Lynn delahoyde
    Guest
    Lynn delahoyde

    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

    Louise Robinson
    Guest
    Louise Robinson

    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?

    DEEPAK
    Guest
    DEEPAK

    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

    Jessica
    Guest

    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.

    Nelson
    Guest
    Nelson

    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… Read more »

    Suju
    Member

    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… Read more »

    Sue
    Guest
    Sue

    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

    Valerie
    Guest
    Valerie

    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… Read more »

    Ben Ping
    Guest

    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… Read more »

    Ben Ping
    Guest

    Sorry, the situation is similar with Tiffany….

    Waihung
    Guest
    Waihung

    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

    Chandu
    Guest
    Chandu

    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

    Devan
    Guest
    Devan

    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

    Kumar
    Guest
    Kumar

    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?

    Amy
    Guest
    Amy

    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… Read more »

    Tiffany
    Guest
    Tiffany

    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

    Garry
    Guest
    Garry

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

    Bishal
    Guest
    Bishal

    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

    Mukarram
    Guest
    Mukarram

    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… Read more »

    ADam
    Guest
    ADam

    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?

    Jeyananthan Sinnathamby
    Guest
    Jeyananthan Sinnathamby

    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