Subclass 457 visa holders transitioning to permanent residency – resolution of uncertainty over transitory measures following April 2017 changes

Subclass 457

We always knew that UC 457 visa holders granted or lodged before 18 April 2017 will be able to access transitory measures in some form.  What we didn’t know however was the detail of those, which has led to a lot of uncertainty for those affected by the changes. Anyway and finally, some of that uncertainty has been addressed with a Departmental press release. Whilst this of course isn’t legislation, there are a few noteworthy things:

For Temporary Residence Transition Stream EN 186/RN 187s, the occupation requirements will remain the same even if the occupation may have been removed from a corresponding legislative instrument

There was never any instrument affecting this stream and this will remain for those transitional applicants as long as a nominee continues to work in the same position for the same employer as approved for their UC 457 visa.  Current subclass 457 holders should take note of this, especially if looking to change roles or employing entities when their occupation has been removed from a legislative instrument.

Age requirement will remain at 50

Although the relevant stream will ostensibly remain at this level until March 2018, for those on UC 457s on the amendment date, a transitional measure will apply so that they can avail of more attractive age provisions.  

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