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.
