Deadlines for Subclass 457 Visa Holders Seeking Permanent Residence under Grandfathering Provisions

February 18, 2020 | Australia

Holders of subclass 457 or 482 visas who held or had applied for a subclass 457 visa as of April 18, 2017 are eligible to apply for permanent residence under transitional provisions, otherwise known as “grandfathering provisions,” until March 18, 2022. However, for those changing employers or occupations, there are also upcoming deadlines that apply. 

Requirements for Those not Changing Employers or Occupations

The following requirements/conditions apply for such visa holders to access the grandfathering provisions under the Temporary Residence Transition stream:

  • There are no occupation restrictions provided the visa holder still works in the position for which the subclass 457 visa was approved;
  • Applicants must still be less than 50 years of age; AND
  • The work experience required in the nominated occupation on a subclass 457 visa remains two years. 

Requirements for Those Changing Employers or Occupations

While the grandfathering deadline may be more than two years off, there are some specific requirements for those changing occupations or employers that must be met in the short term. The following requirements/conditions apply for eligible 457 or 482 visa holders changing employers or occupations to access the grandfathering provisions:

  • If the new nominated occupation is on the Short-term Skill Occupation List (STSOL), the visa holder will no longer be eligible for permanent residence through employer nomination;
  • Only applicants aged 45 or younger will qualify (unless an exemption applies);
  • The work experience required to work in the new nominated occupation for the nominating employer is three years;
  • The Position Transfer must be approved before March 18, 2020;
  • The nominee must begin working in the new position before March18, 2020; 
  • The nominee must have worked for the nominating entity for at least two years not including leave without pay; AND
  • The Employer Nomination must be filed before March 18, 2022.