AFFECTED 457 VISA HOLDERS ARE NOT ELIGIBLE TO APPLY FOR PR

In March, the existing Subclass 457 visa will be abolished a new Temporary Skills Shortage (TSS) visa will be introduced.

WHAT IS THE ISSUE?

From early March, the Subclass 186 Temporary Residence Transition (TRT) stream requirement of having held a Subclass 457 visa in a related nominated occupation for at least 2 years will increase to 3 years.

NB: Extract from Department’s website (click on the image)

If you currently hold a Subclass 457 visa granted for an occupation, or have a pending Subclass 457 visa application, on the Short Term Skilled Occupation List (STSOL) (which can only be granted for a maximum of 2 years), according to the announcements (click to follow link) made by the Department of Home Affairs, it appears that you may no longer be eligible for permanent residency through the TRT Stream of Subclass 186 after March 2018 when the new laws will come into effect.

ARE THERE ANY SOLUTIONS?

From analyzing all information recently announced by the Department, we recently discovered that there may be a way to meet the new three-year requirement should you ‘renew’ your Subclass 457 visa now. This is because the Department announced that they will continue to process any complete 457 nomination AND visa applications lodged prior to the end of February 2018 under the existing framework.

NB: Extract from Department’s website (click on the image)

According to the Department’s published processing times, it will roughly take 7 to 10 months for the ‘renewal’ to be processed (provided the application is complete). Therefore, in theory whilst holding your existing 457 visa, it may be stretched to over three years if the subsequent 457 visa is granted.

NB: Extract from Department’s website (click on the image)

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