457 to PR (Permanent Residency)

There are a number of ways 457 visa holders can transition to permanent residency

There are four main pathways to transition from a 457 visa to permanent residency

-> Employer Sponsored Temporary Transition Stream (ENS/RSMS)
-> Employer Sponsored Direct Entry Stream (ENS/RSMS)
-> General Skilled Migration (189/190/489)
-> Partner Migration (As the partner of an Australian Permanent Resident or Citizen)

These options apply to applicants who held or applied for their 457 Visa before 18th of April 2017.

If your 457 visa was lodged after 18th of April 2017, different rules apply.

Grandfathering Provisions for ENS & RSMS TRT

If your 457 visa was lodged or granted before April 18th 2017, you aren’t affected by some of the new 457 to permanent resident law changes.

Occupation
If your occupation has been moved to the short-term or regional occupation list, or removed from the skilled occupation lists altogether, you can still apply for permanent residency through the transition stream

Age
The age limit for applying for permanent residency through the transition stream remains at 50 years.

Employer nomination
You are only required to work for the same nominating employer for two years before applying for PR.

If you have changed employers or renewed your 457 or TSS visa since these law changes, you will still have access to these grandfathering provisions.

Work experience
You must have a minimum for three years total experience in your nominated occupation.

Training Levy – Skilling Australians Fund (SAF)
Your permanent visa application will attract the new training levy (SAF) of $3000 or $5000 (Depending on your employer’s turnover).

This levy must be paid by your employer

If your 457 visa was lodged after 18th of April 2017, different rules apply.

Your 457 to PR questions, answered.

My 457 visa was lodged before April 2017. Do the changes affect my PR?
If you held a subclass 457 or applied for a subclass 457 before 18 April 2017, you will have grandfathering arrangements put in place by the government. This means you will be able to access certain existing provisions under TRT stream

• The age requirement will remain (less than 50 years old)
• The work experience requirement will remain the same (You have worked for at least 2 out of the 3 years before nomination on a subclass 457 will remain the same)
• The occupation list remains the same (If your occupation has been removed or is listed on the STSOL you can still apply through the transitional stream)

My 457 visa was lodged after April 2017. When can I transition to PR?
If you held a subclass 457 or applied for a subclass 457 after 18 April 2017, you will need to meet the following criteria to apply for PR:

• The age requirement is under 45 years of age
• At least 3 years of relevant work experience
• Your occupation will need to be on the relevant list. Click here to see full list

Can people still apply for a subclass 457 visa?
No, applications for the 457 visa are now CLOSED. Applicants will apply for the Subclass 482 Visa instead.

I am over 45, can I apply for PR?
You may be eligible to apply for permanent residency through the transitional stream if your 457 was lodged before April 18th 2017 and you have been working for the same employer for two years
OR
If your 457 visa was lodged after April 18 2017, you must meet one of the below requirements:
-> You have been working for your nominating employer on a 457 visa for at least four years immediately before applying, and have been paid equivalent to or above the Fair Work High Income Threshold during this time ($142,000 per year).
-> You are nominated under an eligible ANZCO

I am over 50, can I apply for PR?
You may still be able to apply for PR if you meet one of the below requirements:
-> You have been working for your nominating employer on a 457 visa for at least four years immediately before applying, and have been paid equivalent to or above the Fair Work High Income Threshold during this time ($142,000 per year).
OR
-> You are nominated under an eligible ANZCO

I have 5.5 on my IELTS. Can I apply for PR?
No, you will need to have a score of 6 in each component before you can apply for PR through the transitional and direct entry steams.

Can I apply for PR without IELTS / PTE or other English tests?
Yes. If you are applying for permanent residency through the transitional stream, you provide evidence of one of the below options:
• A passport from the United Kingdom, New Zealand, Canada, the United States of America or the Republic of Ireland
OR
• You have completed at least 5-years of full-time study in a secondary or higher education institution where the instruction was delivered in English.

Can I use my school English certificate to apply for PR?
If you are applying through the transitional stream, yes. You will need to show evidence of 5-years years of full-time study in a secondary or higher education institution where the medium of instruction for English.

My occupation was removed fron the list, can I apply for PR?
If you held of applied for your 457 visa before 18 April 2017, you can still apply for permanent residency through the transitional stream.

Does my partner need English to apply for PR?
Yes, your partner will need to demonstrate at least Functional English.

My child is over 18, can they apply for PR with me?
Yes. However, you will need to prove that the child has been financially dependent on you for at least 12 months before lodgment of application.

My child is over 18, can they apply for PR with me?
If your child is over 23 years of age, you must show that the child is unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement).

Select the option that applies to you

Option 1

You have been working for the same employer for two years.

Option 2

You have been working for the same employer for LESS than two.

Option 3

Your employer is not willing to sponsor you for Permanent Residency.

Option 4

Your partner is an Australian permanent resident or citizen.

Option 1
Temporary Residence Transition Stream (TRT)

457 Visa holders who have been working in Australia with the same employer for two years may be eligible to apply for Permanent Residency through the Transitional Stream.

Depending on their location, 457 visa holders will apply through either the Employer Nominated Scheme (ENS) or the Regional Employer Sponsored Scheme (RSMS).

The employer must be willing to sponsor the applicant for permanent residency under the Temporary Residence Transition stream and must lodge a valid nomination with the Department of Home Affairs. This is one of the most common pathways to permanent residency and has many benefits.

If you don’t already hold a 457 visa and would like to work in Australia, the TSS visa (Subclass 482) is the new Australian temporary work visa.

GENERAL
Hold a valid 457 Visa
Have been sponsored (as the primary applicant) by your nominating employer on a 457 Visa for at least two years

WORK EXPERIENCE
You must have at least 3 years work experience in total (Only two of these years need to be with your current employer)

SKILLS
Generally, when transitioning from 457 to permanent residency, you will not need to perform a skill assessment.

OCCUPATION
If your occupation has been removed from the Medium and Long-term Strategic Skills List MLTSSL, you can still apply for permanent residency through the transitional stream.

ENGLISH
You must demonstrate competent English unless you are exempt. See 186 & 187 Visa English exemptions

A common exemption is the school English exemption, outlines below:

You must have completed at least five years of full-time study in secondary or higher education where the medium of instruction was delivered in English. (Example: You have English certificates from your high school and college. You may have used these to apply for your 457 or 482 Visa)

AGE
You are under 50 years of age unless you are exempt. See 186 & 187 Visa age exemptions

HEALTH & CHARACTER
Meet the health and character requirements (Unless you are exempt)

NOMINATION
You must be nominated by an Australian employer and apply for the 186 or 187 visa within 6 months of the nomination being approved (If the visa and nomination applications were not lodged at the same time)

The visa will not be granted if the nomination is withdrawn. The Department does not link new nominations to existing visa applications

GENERAL
Applicants can include the following people in their transitional permanent residency application:

-> Dependent children/step-children
-> Partner

PARTNERS
Your married or de facto partner can be the same or opposite sex. Applicants must prove:
• the relationship is genuine and continuing
• you live together, or do not live separately on a permanent basis.
• your partner is at least 18 years of age when the application is lodged (there are some exceptions)
• you are not related by family (if you are in a de facto relationship)
• you and your partner have a mutual commitment to a shared life to the exclusion of all others

CHILDREN
To be eligible to be included or added to a TSS visa, a child must:
• be your child or a stepchild from a current or a previous relationship (in certain circumstances);
• not be married, engaged to be married, or have a de facto partner; and must be:
• under 18 years of age
or
• over 18 years of age but not yet turned 23, and be dependent on you or your partner
or
• over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)
or
• a dependent child of a child who is eligible under 1, 2 or 3 above.

ENGLISH
Applicants over 18 must demonstrate Functional English. You can demonstrate Functional English without IELTS if you:

•Completed all years of primary education and at least three years of secondary education in an educational institution in or outside Australia and all instructions were in English.
or
•Completed at least five years of secondary education in an institution in or outside Australia and all instructions were in English.

HEALTH & CHARACTER
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.

If you have any questions about these requirements or would like more information on who you can include on your 457 to PR application speak to one of our migration experts

How it works

Work for the same employer for 2 years

We assist you to collect all necessary documents.

Our migration agents submit your application to DIBP

Our agents liaise with DIBP until your application is approved

Option 2
Direct Entry Stream (DE)

457 Visa holders who have not been in Australia for two years, or who have changed employers while working in Australia, may still be eligible to apply for Permanent Residency through the Direct Entry Stream.

Applicants must have an employer willing to sponsor them for permanent residency.

Skilling Australians Fund levy

Employers will be required to pay the new Skilling Australians Fund levy for all 457 to Permanent 186 or 187 Visa applications. The levy is payable in full at the time of application.

SMALL BUSINESSES (ANNUAL TURNOVER LESS THAN $10 MILLION) – $3,000
OTHER BUSINESSES (ANNUAL TURNOVER MORE THAN $10 MILLION) – $5,000

The Business must pay the levy, the applicant cannot make any payment towards the SAF levy. There are no exemptions.

You may be able to apply for Permanent Residency through the direct entry stream if you meet the following requirements:

WORK EXPERIENCE
You must have at least 3 years work experience in your nominated occupation

SKILLS
You will need to undertake a skill assessment before applying for a 186 or 187 Visa through the direct entry stream unless exempt. See 186 & 187 Visa skill exemptions

OCCUPATION
186 Visa (ENS) Applicants
Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL)

187 Visa (RSMS) Applicants
Your occupation must be on the Regional Occupation List (ROL)

ENGLISH
You must demonstrate competent English
Don’t meet this requirement? Click here to increase your English score.

AGE
You are under 45 years of age or you can be older than 45 years if you are nominated under an eligible ANZCO.

HEALTH & CHARACTER
Meet the health and character requirements (Unless you are exempt)

GENERAL
Applicants can include the following people in their transitional permanent residency application:

-> Dependent children/step-children
-> Partner

PARTNERS
Your married or de facto partner can be the same or opposite sex. Applicants must prove:
• the relationship is genuine and continuing
• you live together, or do not live separately on a permanent basis.
• your partner is at least 18 years of age when the application is lodged (there are some exceptions)
• you are not related by family (if you are in a de facto relationship)
• you and your partner have a mutual commitment to a shared life to the exclusion of all others

CHILDREN
To be eligible to be included or added to a TSS visa, a child must:
• be your child or a stepchild from a current or a previous relationship (in certain circumstances);
• not be married, engaged to be married, or have a de facto partner; and must be:
• under 18 years of age
or
• over 18 years of age but not yet turned 23, and be dependent on you or your partner
or
• over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)
or
• a dependent child of a child who is eligible under 1, 2 or 3 above.

ENGLISH
Applicants over 18 must demonstrate Functional English. You can demonstrate Functional English without IELTS if you:

•Completed all years of primary education and at least three years of secondary education in an educational institution in or outside Australia and all instructions were in English.
or
•Completed at least five years of secondary education in an institution in or outside Australia and all instructions were in English.

HEALTH & CHARACTER
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.

If you have any questions about these requirements or would like more information on who you can include on your 457 to PR application speak to one of our migration experts

Option 3

457 Visa holders who do not have an Australian employer willing to sponsor them for permanent residency may be able to apply through the General Skilled Migration Program.

Option 4

457 Visa holders who are in a genuine committed relationship with an Australian citizen, Permanent Resident or eligible New Zealand citizen may be eligible to apply for an Australian Partner Visa.

Get a quote

Let one of our experienced migration agents assess of all your pathways to Permanent Residency. We will look at all visas available to you and determine which option is best for your individual situation. Our Agents specialise in Employer Sponsored 457 to Permanent Residency transitional visa applications and can determine your eligibility for this visa in a professional and timely manner.

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Here at Australian Skilled Migration, our team of Registered Migration Agents are dedicated to helping you become an Australian permanent resident in the fastest way possible.The best way to find out if you can apply for Permanent Residency is to speak to a migration agent. Don’t risk your future in Australia by applying for PR with incorrect information.

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