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Time to put rumours to rest again and get the facts!

Immigration announced that people who held, or had applied for, a 457 Sponsorship visa on 18 April 2017, will still be able to apply for a Permanent ENS Visa via the Temporary Residence Transition stream, regardless of the changes coming in March 2018.

 

In a newsletter shared by the Migration Institute of Australia yesterday, the Department of Immigration has finally and officially confirmed that there will be Transitional Arrangements for people wanting to apply for permanent residence under an ENS visa via the Temporary Residence Transition Stream.

The changes to the 457 program announced in April this year, have included changes to the permanent employer visas as well:

– the ENS Employer Nomination Scheme and

– the RSMS Regional Sponsored Scheme

Those changes are planned to come into effect from March 2018 onwards.

But what happens to those who already had a 457 visa before the changes? This has been a huge source of concern to many people.

But on the updated newsletter the Department of Immigration stated that “..people who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream.”

Some of the upcoming changes to the Employer Permanent Visas above in March 2018, that will not apply for applicants who held, or had applied for, a Subclass 457 Sponsorship Visa, will be:

  • Occupation lists: The MLTSSL will apply to the Direct Entry stream for both the ENS and the RSMS, with additional occupations available through the RSMS to support regional employers.

This apparently will not apply to the Temporary Residence Transition Stream and applicants will be able to apply regardless of their occupation being on the list for the “new” ENS Visas as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa.

We say “apparently” because this has not been legislated yet and until there is legislation nothing can be 100% confirmed.

  • Residency: the eligibility period to transition to permanent residence will be extended from two to three years.

This apparently will not apply to the Temporary Residence Transition Stream and applicants will be able to apply for a permanent ENS visa as long as they have worked at least two out of the three years prior to nomination, on a subclass 457 visa.

  • Age: All applicants must be under the maximum age requirement of 45 at the time of application.

This apparently will not apply to the Temporary Residence Transition Stream and applicants will be able to apply for a permanent ENS visa as long as they are under 50 years of age.

So good news for people who are on a 457 visa!!!

OUR ADVICE TO YOU: Don’t base your next move just on what you read on Facebook Groups or blogs: it can be dangerous to presume it’s all good with your case, but it can also be dangerous to presume you have no chance either. Talk to a Registered Migration Agent to find out what applies to you and what the facts are.

We would love to speak to you about this.

Please contact us on visas@bravomigration.com.au or call us on 9216 6600. 

Erica Carneiro
Co-Founder, Director and Registered Migration Agent 0532487