457 Visa Changes and the Temporary Residence Transition Stream (TRT)

The changes to the 457 visa program introduced on the 19th of April this year will affect you differently depending on whether you already have a 457 visa and whether you want to apply for permanent residence via the Temporary Residence Transition stream or not.

The changes revolve around two lists, the Medium and Long-term Strategic Skills List (MLTSSL) and the Short Term Skilled Occupation List (STSOL). These lists replace the Skilled Occupations List (SOL) and Consolidated Sponsored Occupations List (CSOL) respectively.

If you are only intending to work in Australia temporarily

Then it’s pretty straightforward (assuming you continue to have an employer to sponsor you).

You can:

  1. Work until the end of your current 457 visa and go home;
  2. Work until the end of your current 457 visa and apply for another 457 visa (or TSS visa from March 2018). You can be granted a new 457/TSS visa for up to 2 years if your occupation is on the STSOL or up to 4 years if your occupation is on the MLTSSL and you meet all other visa requirements.

NOTE: If your occupation is not on the STSOL or MLTSSL then you will not be eligible to apply for another 457 or TSS visa.

There are some important things to be aware of:

  1. TSS visas for occupations on the STSOL can only be renewed once;
  2. Under the new rules, TSS visas for occupations on the STSOL will not provide a permanent residence pathway.
  3. TSS visas for occupations on the MLTSSL can be renewed onshore and will provide a permanent residence pathway after 3 years.

If your goal is to apply for permanent residence under the Temporary Residence Transition Stream

Then the situation is a bit more complex. The various scenarios are:

  1. You already hold a 457 visa and hope to apply for permanent residence when you have worked for your sponsoring employer for at least 2 years.
    1. The government has stated very clearly that existing 457 visa holders are not affected by the new rules.
    2. Your pathway to permanent residence will remain unchanged – even if your occupation does not appear on one of the new lists. The old rules will continue to apply.
  1. You already hold a 457 visa, but you are re-nominated in a new position by your current employer and that nomination is approved on or after 19/4/2017 then the new rules will apply. To be eligible to apply for permanent residence via the Temporary Residence Transition Stream, you need to:
    1. have an occupation on the MLTSSL;
    2. have at least 3 years relevant work experience;
    3. have been working for your employer as the holder of a 457 for at least 3 years in the same role;
    4. be less than 45 years old.
    5. meet all other visa requirements.
  1. You already hold a 457 visa but you are nominated by a new employer from 19/4/2017. To be eligible to apply for permanent residence via the Temporary Residence Transition Stream, you need to:
    1. have an occupation on the MLTSSL;
    2. have at least 3 years work experience;
    3. have been with your employer for at least 3 years in the same role;
    4. be less than 45 years old.
    5. meet all other visa requirements.
  1. You hold a 457 visa, which will expire before you have been with your current employer for at least 2 years. In this case there are two possibilities:
    1. If your occupation is listed on the MLTSSL or STSOL you will be able to apply for a new 457 visa or the new TSS visa (from March 2018) and you will fall into either scenario 5 or 6 below.
    2. If your occupation is not listed on the MLTSSL or STSOL – you will not be able to apply for a new 457 visa or the new TSS visa (from March 2018). The Temporary Residence Transition Stream pathway to permanent residence will be closed to you;
  1. You hold a 457 visa issued on or after 19/4/2017 and you will have been with the same employer in the same role on a 457 visa for at least 2 years before March 2018 – in this case you will be eligible to apply for permanent residence under the Temporary Residence Transition stream if you:
    1. are under 50 years of age;
    2. apply before March 2018.
    3. meet all other visa requirements.
  1. You hold a 457 visa issued on or after 19/4/2017, or the new TSS visa (from March 2018)  and you will not have been with the same employer in the same role on a 457 visa for at least 2 years before March 2018. In this case, to be eligible to apply for permanent residence under the Temporary Residence Transition stream, you need to:
    1. have an occupation on the MLTSSL;
    2. have at least 3 years relevant work experience;
    3. have been with your employer on a 457 visa for at least 3 years in the same role;
    4. be less than 45 years old.
    5. meet all other visa requirements.

You can read more about the details and timing of the changes to the 457 visa HERE and you can read about the new Temporary Skills Shortage Visa (TSS Visa) HERE.

It is important to understand how these changes will affect you before you consider changing jobs or applying for a new 457 visa.

If you would like to discuss your individual situation in detail please CONTACT US for a consultation.

NOTE: This information is provided on the basis of facts sheets issued by DIBP on 19/4/2017. Please note that at this time there is no supporting legislation for these changes. It is possible that more changes will follow.

19 thoughts on “457 Visa Changes and the Temporary Residence Transition Stream (TRT)

  1. Dear sir
    My 457 visa was granted by the end of October 2016. My nominated occupation after 18/4/2017 is in the short list. In this circumstance, I wonder if I am still eligible to transition to PR? Or in another word, do new changes affect my transition to PR? and what way?
    Thank you

    • Post Author markstevens

      Hello Ban Dai
      As we mentioned in the post, the situation is still changing. You are welcome to meet our agents for a free consultation.

  2. Good day, i have worked for the same company for the past 4 years doing the same job,the company has been taken over now twice. i currently lodged my PR and had to pay for it, i was forced into paying for it then it finally got lodged and a week later and was granted a bridging a visa and then, i found out the company got sold a week later. Now the new company has said they will sponsor me on a new 457 visa and not the Pr Visa i have lodged.
    What do i do, i have lost so much money cause i had to finance it myself

    • Post Author EasiAdmin

      Hi Gaby
      Sorry to hear about your situation, you are welcome to come in for a free consultation (or one of our agents will discuss with you over the phone if you aren’t in Perth) and we will see if we can help you.

  3. please could you be so kind and contact me on my mobile or email me. I am living in Sydney,
    Thank you
    Gaby

  4. Hi. I have been on 457 visa with different employers from Feb 2014-2016, Feb 2016-2017 and another one from Feb 2017 to present, but in the same role (working under different health networks but doing the same type of job). my 457 visa was renewed in 2016 February and is now valid upto Feb 2020.
    I start a new job in Feb 2018 as an area of need.
    What pathway can I take now to apply for PR (I can apply only now as I have recently been granted full registration to practice in Australia)

    Thanks
    Mag

  5. Hello.
    I’m on 457 visa as a cook since March 2016.
    The Restaurant lawyer said still not sure if I can apply Ens TRT in 2018 or not.
    The lawyer said she can find out close to March.
    As I’m in Sydney, I was wondering if I can have a consultation over the phone

  6. Hello Ashley. You are most welcome to speak with one of our skilled migration team about your situation and there will be no charge for the consultation. Thursday will be a good day for us – we are busy with appointments on Tuesday and Wednesday. Shall we arrange a time? Our number is 08 9429 8860. If you would like help with your application, we charge $3600 plus GST and DIBP fees for a 186 TRT application.

  7. I got my 457 visa on 05 sep 2016. as a General Accountant. Can I apply for PR on 5 sep 2018, If my sponsor willing give PR

    • Hi Ben, if you are talking about the 186 TRT stream you might be able to apply for PR in September 2018 if you and your employer can meet the nomination and visa requirements. If you’d like to organise a consultation to discuss the requirements please let me know. Our fee is $165 (includes GST).

  8. Hi im giacomo
    I’ve got 457 visa from 15 agoust 2015 and I’ve worked as chef at the same place for 2 years. .so now i wanna apply for pr 186..do i need to write ielst again or that one i got is still good? 2years ago i got overall 5 in the English test. So how much do i need in case I have to do it again for pr?

  9. Hi, we are on a 457 visa granted in December 2016 with my husband as primary applicant. He has a permanent job contract, a job on the MLTSSL and his employer has agreed to sponsor him in December 2018. The only problem is he is 46 years old, can we still apply for PR? When is the best time to speak to you about this?
    Thank you.

    • Hello Sandra,

      Apologies for the delay in responding to your enquiry. I have been tasked to deal with the Blog enquiries and have just been taught how to drive the software! If you haven’t already sourced an answer to your question, I will be happy to call you to discuss your situation. You are welcome to email your phone number to me at carol-ann@easivisa.com and I will call you.

  10. Hi Giacomo, all 186 TRT visa applicants now need Competent English (IELTS 6.6.6.6 or equivalent test score) unless you meet one of the exemptions which include “at least five years of full-time study in a secondary or higher education institution all of the tuition was delivered in English.”

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  12. I am on 457 visa as Baker and want to change jobs. New employer is keen to sponsor me for new 457. Will I be able to apply for PR visa after 2 years.

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