Being a 457 holder in a TSS world

Since the March 2018 changes to the Temporary Work visa program were rolled out, Putt Legal has been approached by a number of current and prospective clients who already hold subclass 457 visas, and want to know what these changes mean for their permanent residence prospects.

Previously, 457 holders were able to apply for permanent residence through the Temporary Resident Transition (‘TRT’) scheme of the subclass 186/187 visas, after working for 2 years and fulfilling various other criteria. The TRT arrangements have changed, however there are transitional arrangements in place for some 457 visa holders.

The below table provides a general overview, but please contact us on (08) 9221 7682 for individualised advice:

Category of 457 holder

Transitional arrangement

Held a subclass 457 visa on 18 April 2017 and continues to hold this visa at the time of TRT application

  • The applicant’s nominated occupation does not need to be on the current list of eligible occupations.

  • The age requirement will remain at less than 50 years of age with existing age exemptions still available

 

  • The minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years out of the last three years.

Held a subclass 457 visa on 18 April 2017 and holds a bridging visa related to a 457/TSS visa application at the time of TRT application

Lodged a 457 application on or before 18 April 2017 which was granted, and continues to hold this visa at the time of TRT application

Lodged a 457 application on or before 18 April 2017 which was granted, and holds a bridging visa related to a 457/TSS visa at the time of TRT application

Anyone else

The new requirements apply

These transitional arrangements are in place to ensure that people who already held or had applied for 457 visas before the changes were announced on 18 April 2017, are not unfairly disadvantaged by the new changes.