It has been over a year now that the Australian government announced big changes in skilled migration when it abolished the Subclass 457 Visa. Almost 15 months later, the question amongst 457 visa holders remains:
How can I go from 457 to PR? Am I still eligible?
According to the Transitional Arrangements if a person holds a 457 visa or had applied for a 457 visa on or before 18th April 2017, he/she can still apply for Permanent Residency even if their sponsor has changed. This can be done under the ENS or RSMS regardless of their occupation.
General Age Requirements
From March 18, 2018:
Applicants have to be under 45 years of age unless they have held a 457 visa or had applied for one on 18 April 2017. Certain rare exemptions apply. Contact us if you can’t fulfill this age requirement so we check if an exemption applies to you.
PR Eligibility Criteria
Option 1: You have worked for the same employer for 2 years
If you are a 457 visa holder who has worked for the same employer for two years you might be able to apply through the Transitional Stream. The location will decide if you can apply through the ENS or the RSMS.
Option 2: You have worked for the same employer for less than 2 years
If you have worked in Australia for the same employer for less than 2 years or have not worked in Australia at all, you might be able to apply through the Direct Entry stream of the ENS.
Option 3: Your 457 sponsor does not want to sponsor you for PR
If your sponsor does not wish to sponsor you for permanent residency, you might be able to apply through general skilled migration to still get your PR. Skilled Migration depends on your skills (Skilled Independent Subclass 189) or you can be sponsored by a state or territory (Subclass 190).
Conclusion:
There are still some pathways left for applicants to go from a 457 visa to becoming a permanent resident but there seem to be more exemptions than rules that come into effect. If you don’t want to risk your permanent residency chances, you can contact us through our form below or give us a call at (02) 4626 1002.
