Department of Home Affairs Confirms Permanent Residency Concessions for Grandfathered 457 Visa Holders

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The Department of Home Affairs has confirmed that it will accept applications for Permanent Residency (PR) under the Subclass 186 – Employer Nomination Scheme visa from 457 or 482 TSS visa holders after 23 months in their nominated occupation/position, as opposed to the previous 24 month period. This concession is only available to ‘grandfathered’ PR applicants who held or had applied for a 457 visa as at 18 April 2017.

This move by Department of Home Affairs is significant as it will negate eligible applicants having to lodge an unnecessary second 482 TSS visa application when the 457 visa expires a day short of the two-year work requirement, saving employers thousands of dollars.

Whilst policy has not been officially updated, Hammond Taylor understands the Department of Home Affairs has told decision-makers that this measure should take effect immediately.

A significant change to the minimum period a subclass 457 or TSS visa applicant is required to have been employed may save employers thousands of dollars.

Under the grandfathering provisions for the subclass 457 visa, which was abolished on 18 April 2017, nominations lodged on or after 18 March 2018, and at any time until 18 March 2022 would still be considered under the former Subclass 186 – Employer Nomination Scheme (Temporary Residence Transition) framework when applying for permanent residency.

As with all immigration requirements, knowing the Department’s approach is essential to ensuring a successful application. Sponsoring companies and applicants should contact us to determine if they can now proceed and take advantage of the 1-month buffer for applicants who have previously fallen short of the eligibility period.

If you have any questions or concerns about how these changes will affect your eligibility for Permanent Residency, don’t hesitate to contact us.

Jackson Taylor

Partner, Hammond Taylor

Australian immigration lawyer and registered migration agent

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