Grandfathering Provisions for ENS & RSMS TRT
If your 457 visa was lodged or granted before April 18th 2017, you aren’t affected by some of the new 457 to permanent resident law changes.
Occupation
If your occupation has been moved to the short-term or regional occupation list, or removed from the skilled occupation lists altogether, you can still apply for permanent residency through the transition stream.
Age
The age limit for applying for permanent residency through the transition stream remains at 50 years.
Employer nomination
You are only required to work for the same nominating employer for two years before applying for PR. If you have changed employers or renewed your 457 or TSS visa since these law changes, you will still have access to these grandfathering provisions.
Work experience
You must have a minimum of three years total experience in your nominated occupation.
Training Levy – Skilling Australians Fund (SAF)
Your permanent visa application will attract the new training levy (SAF) of $3,000 or $5,000 (depending on your employer’s turnover). This levy must be paid by your employer.
Your 457 to PR questions, answered.
My 457 visa was lodged before April 2017. Do the changes affect my PR?
If you held a subclass 457 or applied for one before 18 April 2017, grandfathering arrangements apply:
- Age requirement: less than 50 years old
- Work experience: at least 2 out of the 3 years before nomination on a subclass 457
- Occupation list: if your occupation has been removed or is on the STSOL you can still apply through the transitional stream
My 457 visa was lodged after April 2017. When can I transition to PR?
- Age: under 45 years
- At least 3 years of relevant work experience
- Your occupation must be on the relevant list
Can people still apply for a subclass 457 visa?
No, applications for the 457 visa are now CLOSED. Applicants will apply for the Subclass 482 Visa instead.
I am over 45, can I apply for PR?
You may be eligible through the transitional stream if your 457 was lodged before April 18th 2017 and you have been working for the same employer for two years. If lodged after, you must have been working for your nominating employer for at least four years on a 457 visa earning at or above the Fair Work High Income Threshold ($148,700/year), or be nominated under an eligible ANZCO.
I am over 50, can I apply for PR?
Same requirements as the over-45 case above.
I have 5.5 on my IELTS. Can I apply for PR?
No, you will need a score of 6 in each component before you can apply for PR through the transitional and direct entry streams.
Can I apply for PR without IELTS / PTE or other English tests?
Yes, if you have a passport from UK/NZ/Canada/USA/Ireland, or completed 5+ years of full-time study in English (Subclass 187 ONLY).
Does my partner need English to apply for PR?
Yes, your partner will need to demonstrate at least Functional English.
My child is over 18, can they apply for PR with me?
Yes, but you will need to prove the child has been financially dependent on you for at least 12 months before lodgement. If over 23, you must show they are unable to earn a living due to physical or cognitive limitations.
