‘Legacy 457 Worker’ Age Limit Exemption for 186 Permanent Visa

Legacy 457 Worker’ Age Limit Exemption for 186 Permanent Visa Ending

Legacy 457 worker age exemption to be used by 30 June 2024

The legacy 457 worker age exemption applicable to Employer Nomination Scheme (Sc 186) visa applications can be used by an applicant who satisfies all of the below:

held a Sc 457 visa on or after 18 April 2017;

was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and

applied for a Sc 186 visa on or before 30 June 2024.

You are advised that this age exemption can only be used for Sc 186 applications lodged on or before 30 June 2024 and will not be available as an age exemption after this date.

Members should refer to LIN 19/216 for other age exemptions if their client is over 45 years of age and is looking to apply for a Sc 186 visa after 30 June 2024.

As defined in the legislative instrument, a legacy 457 worker, for a subclass 186 visa application, means a person who :

held a Subclass 457 visa on or after 18 April 2017; and
was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

The age exemption relating to legacy 457 workers is intended to capture all Subclass 457 visa holders after the abolition of the Subclass 457 visa was announced on 18 April 2017. Those holding a Subclass 457 visa at the time of application for the TRT stream of the ENS visa will be eligible for the age exemption. Additionally, those who previously held a Subclass 457 visa but currently hold a 482 visa (TSS), will also be eligible for the age exemption, provided they meet the above requirements.

This exemption is available to applicants who applied for the TRT stream of the ENS visa on or after 1 July 2022 and is intended to be accessible for two years from its commencement.

This measure seeks to complement the pathway to permanent residence for short-term stream TSS 482 visa holders and retain skilled migrants, who worked in Australia throughout the COVID-19 pandemic. As such, it is expected that individuals seeking to access this exemption would have worked on an appropriate temporary skilled work visa throughout the period of eligibility. Where this is not the case, applicants may still be eligible for the age exemption, however, DHA will consider the applicant meets all other requirements to the TRT stream of the 186 ENS.

Current legislation provides several categories of age limit exemptions for the 186 Employer Sponsored Permanent Visa. These include: