Other Visas: Permanent residency pathway for sc457 visa holders

 

There are several pathways for those who held a sc457 visa on or before 17/4/2017 to obtain Permanent Residency (PR). Specific new legislation applies from 17/4/2017 and 1/3/2018.

  • The Employer Nomination Scheme (ENS), Regional Sponsored Migration Scheme (RSMS or RENS), or points based visas (e.g. sc189 Independent Skilled, or sc190 State Sponsorship.
  • Your occupation will determine the specific visa options. Factors include a positive skills assessment, your qualifications and how this aligns with the skills level of your occupation, your age, position of your occupation, and which skilled lists the occupation is on. It is important to obtain qualified advice for your specific circumstances.

ENS (sc186 visa) : 2 streams: Direct Entry and Temporary Resident Transition.
• If you are the holder of a 457 temporary skilled visa, you may be eligible to be nominated for Permanent Residency (PR) under the Temporary Resident Transition pathway (TRT) or Direct Entry pathway (DE).
TRT: If you have been working for the same employer for at least 2 years for your 457 sponsor in the 457 nominated occupation, and you are under age 50, you may be eligible to be nominated by your current sponsor for PR under the TRT pathway; if you are aged 50 and older, you need to complete 4 years with the 457 sponsor in the nominated occupation and have earned at least the FWHIT for each of the 4 years to be eligible for the age exemption. (From 1/3/2018 new legislation may affect your permanent residency – talk to our agents)

DE: If you are under age 45 (from 1/7/2017) and have been employed in the same or closely related occupation that your 457 is based on for at least 3 years (on or off-shore) you may be eligible to be nominated for PR through the DE pathway (you will need a skills assessment and evidence of English proficiency among other criteria);
• Regional Sponsored Migration Visas (RSMS) – same as above, however the position must be located in regional Australia and therefore must be on the RSMS list.

  • If Direct Entry, the RCB support for the PR nomination will be required.

IMPORTANT: Time of Application criteria must be satisfied prior to lodging your PR application:

  • age (depending on visa, your age ceiling may be under 45 or under 50)
  • skills (positive skills assessment or exemption through TRT pathway; if licencing or professional registration is required, this must be dated pre-visa lodgement)
  • English language proficiency (minimum scores on English test apply to certain visas)

Time of decision criteria includes:

  • health examinations (important to note that non-migratory dependents must also undergo medical examinations)
  • police checks

 

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