- 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.
Reminder regarding transitional arrangements
The tables below summarises the transitional arrangements that are expected to be in place:
| How will pipeline applications be processed after the implementation date of TSS? | |
|---|---|
| Standard business sponsorship (SBS) applications lodged before the implementation date | will continue to be processed under the old rules subject to minor transitional arrangements to the benefit of employers (example: will move to new five year periods, and training benchmarks will not apply subject to the Skilling Australians Fund (SAF) arrangements having come into effect – see below). |
| Subclass 457 nomination applications for existing subclass 457 visa holders lodged before the implementation date | will be processed under ‘old rules’ |
| Subclass 457 nomination applications for visa applicantslodged before the implementation date |
|
| Subclass 457 visa application lodged before the implementation date | will be processed under ‘old rules’ and if satisfied, a subclass 457 visa will be granted. |
| I have | I can |
|---|---|
| an existing SBS sponsorship |
|
| an approved subclass 457 nomination that has not ceased |
|
| a subclass 457 visa in effect |
Note: time on my subclass 457 visa will not ‘count’ in terms of the onshore renewal rules for the TSS visa. |
Update regarding transitional arrangements
To manage subclass 457 visa applications that are currently undergoing review at the Administrative Appeals Tribunal (AAT), an approved nomination will not cease if:
- both the nomination and the associated visa application, were lodged before the TSS implementation date and
- within 12 months of the nomination being approved, a review application is lodged with the AAT in relation to a decision to refuse the associated subclass 457 visa application.
