At Last, Some Good News for 457 Visa Holders!
The Department of Immigration and Border Protection (DIBP) has finally provided some clarity to the Employer Sponsored Permanent Residency arrangements under the Subclass 186 – Employer Nomination Scheme (Temporary Residence Transition) (‘186 TRT visa’) for post-March 2018, providing some good news for 457 visa holders.
The 186 TRT visa is available to 457 visa holders who have worked for the same employer in Australia for two years in the same occupation. DIBP representatives attended the Migration Institute of Australia’s national conference last week and indicated that the 186 TRT visa pathway would remain. The availability of the pathway post-March 2018 was further confirmed in an announcement on DIBP’s website available here: Fact sheet two: Reforms to Australia’s permanent skilled migration program.
The announcement confirmed the following:
- The 186 TRT visa will remain unaffected by list changes in the future.
- The age limit of 50 will continue to apply.
- The requirement to have worked for two years on a 457 visa will remain, and will not be increased to three years.
While this is indeed positive news, we look forward to receiving further clarity from DIBP regarding the following:
- Whether the Skilling Australia Fund levy of $3000 for small businesses (turnover < $10m) and $5000 for large businesses (turnover > $10m) will apply to the 186 TRT Nomination.
- Whether renewing the 457 visa or applying for the Temporary Skill Shortage (TSS) visa will affect access to the 186 TRT pathway. This is particularly important for people whose 457 visa was approved after 18 April 2017 for two years under the Short-Term Skilled Occupation List (STSOL).
- Whether changing employer or occupation after 18 April 2017 will affect the access to the pathway.
- Whether people whose 457 visas were lodged before 18 April 2017 and refused but overturned on review to the Administrative Appeals Tribunal will be able to access the pathway.
Hammond Taylor will continue to provide updates regarding this important announcement as information comes to light.