TRT grandfathering arrangements for 457 visa holders

Significant changes to employer-sponsored migration policy in April 2017 meant thousands of 457 visa holders were caught in a situation that required transitional permanent residency arrangements. These are commonly known as ‘grandfathering arrangements’ and are outlined below.

grandfathering

Do you qualify for a visa?

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Even though the 457 visa program has been abolished, you may still be eligible for permanent residency if:

  • You held a 457 visa ON OR BEFORE 18 April 2017, or  
  • You lodged a 457 visa ON OR BEFORE 18 April 2017 but it was granted AFTER 18 April 2017

and you meet the following:

  • You have worked for the same sponsor for 23 months on a 457 visa (or a combination of a 457 visa and a 482 visa)
  • You have worked in the same occupation for 23 months on a 457 visa (or a combination of a 457 visa and a 482 visa)
  • You have Competent English (at least 6.0 in all parts of the  IELTS or an equivalent test score) unless exempt
  • You have been paid at least the salary on your 457 and o/r 482 nomination letter/s
  • You are under 50 years of age

If you lodged a 457 visa AFTER 18 April 2017 in an occupation on the MLTSSL or ROL you are eligible for permanent residency if the following is met:

  • You have worked for the same sponsor for three years on a 457 visa (or a combination of a 457 visa and a 482 visa)
  • You have worked in the same occupation for the three years
  • You have Competent English (at least 6.0 in all parts of the  IELTS or an equivalent test score) unless exempt
  • You have been paid at least the salary on your nomination letter/s
  • You are under 45 years of age

457 visa in a short-term occupation

If lodged a 457 visa ON OR BEFORE 18 April 2017 but it was granted AFTER 18 April 2017 in a short term occupation, you may still have a PR pathway.

As occupations on the short term list only allow the granting on a 457 visa for one or two years, you may need to combine your period of employment on a 457 visa with employment on a 482 visa to meet the grandfathering requirements. You would need to apply for the 482 visa before your 457 visa ended.

As noted above, the two years of full time employment must be for the same employer in the same occupation, and you must be under 50 years of age and hold Competent English at the time of PR application.

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