Many Subclass 457 and subsequent Subclass 482 visa holders don’t have long to seek permanent residence through sponsorship by their employers.

In 2017 the Department of Home Affairs (DoHA) announced the cessation of the Subclass 457 visa program and a new subclass 482 (Temporary Skilled Shortage) came into effect from March 2018.

As a result, these temporary visa holders were only able to access permanent residency through the Temporary Residence Transition (TRT) of the Subclass 186 and 187 visa.

There are two streams to the transitional arrangements:

1. Those who held a subclass 457 on 18 April 2017 or applied for a subclass 457 before 18 April 2017, which was later granted have a pathway through the Subclass 186 permanent visa; and

2. Those who held a subclass 457 after 18 April 2017 still have a pathway through the 187 permanent visa (which is no longer taking applications)

Transitional arrangement 1

To qualify for this, you must:

• have held a 457 visa on 18 April 2017, or they must have applied for a 457 visa on or by 18 April 2017 that was later granted
• continue to hold the 457 or a subsequent 457 or 482 visa or a related Bridging Visa.

You can then apply for the subclass 186 TRT:

• after working 2 years in the past 3 years with their employer in their current occupation whether the occupation is on the Medium to Long-Term Skilled Occupation list (MLTSSL) or not; and
• up to age 50 or if you can meet the Age Exemption criteria.

It is important to note that the employer sponsor does not need to be the original 457 visa sponsor from 2017, it can be the current sponsor.

Transitional arrangement 2

The subclass 187 visa was phased out in 2019 but certain visa holders who would be affected by this were allowed transitional provisions up until 18 March 2022.

To qualify for this, you must:

• hold a 457 visa

You can then apply for the subclass 187 TRT:

• after working for 3 years in the past 4 in your occupation with their sponsoring employer; and
• regardless of whether your occupation is on the MLTSSL or not

It is important to note that the employer sponsor does not need to be the original 457 visa sponsor from 2017, it can be the current sponsor.

How FC Lawyers can help?

Our expert team of accredited specialists and migration agents have helped many clients with their transitional visas to obtain permanent residence.

It is important not to leave any application until the last minute. Contact our team today to discuss your migration options and transitional arrangements.