Recent changes to Australia’s employer sponsored program includes:
- an age exemption for “legacy 457 workers”; and
- removal of onshore renewal restriction for eligible Temporary Skill Shortage (Subclass 482) visa holders in occupations on the Short‑term Skilled Occupation List (STSOL).
These are in addition to previous changes (see here) providing certain Temporary Work (Skilled) (Subclass 457) (Subclass 457) and Subclass 482 visa holders in the short term stream a pathway to permanent residence through the Employer Nomination Scheme (Subclass 186) (Subclass 186) visa.
Age exemption for legacy 457 workers
The Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022 means that from 1 July 2022, “Legacy 457 workers” will continue to have a pathway to permanent residency under the temporary residence transition stream despite no longer meeting conventional age restrictions.
What is a legacy 457 worker?
A legacy 457 worker for an Subclass 186 visa is defined as a person who:
- held a Subclass 457 visa on or after 18 April 2017; and
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.
Importantly, no age limit has been specified in the instrument, providing a “limitless” pathway to permanent residence for employees in this cohort.
Removal of onshore renewal restriction for eligible TSS visa holders in STSOL occupations
Currently, Subclass 482 visa applicants who are nominated in the ‘short-term’ stream (that is, working in occupations in the Short-Term Skilled Occupation List) are required to be physically outside of Australia to make a valid visa application if:
- they have held more than one short-term stream Subclass 482 visa; and
- they were in Australia when the application for their most recent Subclass 482 visa was made; and
- this requirement would not be inconsistent with any international trade obligation.
What are the new changes?
Migration Amendment (2022 Measures No. 2) Regulations 2022 makes a number of changes from 1 July 2022, including that Subclass 482 visa holders may apply for a third onshore Subclass 482 visa where they:
- were in Australia as the holder of a Subclass 482 visa in the short-term stream for a total of at least 12 months between 1 February 2020 and 14 December 2021; and
- make that further application before 1 July 2023 unless the Minister specifies a later date.
These updates are in addition to previous changes (see here) which apply from 1 July 2022 to provide certain Subclass 457 and Subclass 482 visa holders in the short term stream a pathway to permanent residence under the Subclass 186 visa program.
How can we help?
The relaxation of limitations for temporary visa holders in Australia will be beneficial for employers and employees, and help contribute to Australia’s post COVID-19 economy. Contact us by email at [email protected] or phone +61 3 9016 0484 if you have any further queries.
Hi good morning I am Gracy, ENROLLED NURSE , currently in Australia my question is that I had 457 visa from 2015 to 2019 July it was 2 years then renewed another 2years
Then I got 482 visa twice from 2019 to till 2023 July ,my occupation considered in short time I am over 50
am I eligible to apply 186 visa? , is there any age concession ? Do I need to provide IELTS? I have 5 years experience I have 3 years experience with current employer
I have 6 years full time studies in Australia could you please help me
Thanks
Gracy
Hi Gracy,
Yes, sounds like you might be able to access the age exemption for the 186 visa based on being a legacy 457 visa holder.
If you send us an email at [email protected] we’d can look into this further for you.
Kind regards,
Hannan Tew
What a good news, I might be legacy 457 visa worker. I applied 457 visa on June 2017 and granted September of 2018. After that I transferred sponsorship April of 2019, and I had worked until September 2021, and I have started to work for another sponsorship company from october, And My visa was recently granted I am 48 years, can I get 186 visa from my current company?
Hi Jonghee,
Yes, the new changes should be able to assist you in obtaining permanent residence under the temporary residence transition stream of the ENS program.
Just note that this will require you to remain employed with your current employer for 3 years before eligibility.
Feel free to email us at [email protected] for further information.
Kind regards,
Hannan Tew
Hi does the 457 legacy have an age limit? I came to oz in 2018 on a 457 at 45 yr old and have had 2 482 since then same employer and I am now 50. Will PR path apply to me?
Hi Kate,
The legacy 457 workers do not have an age limit so assuming you meet the definition, you might be able to apply for PR under the TRT stream from 1 July 2022.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi, is my dad a legacy 457 visa worker and is already 47 years old, he had 457 visa on may 2018 and then on 2021 he changed employer, will he still be able to get the 186 visa after 2 years on his current employer? thanks
Hi Karyle,
The two year exemption (instead of 3 years) and transitional age exemption only applies if your father had or applied for a subclass 457 visa on 18 April 2017 which was subsequently granted (see here).
If your father does not meet the above, the usual exemption is then to be paid at above the FWHIT for 3 years.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi,
Thanks for sharing this good news. I am over 50 years. As of 18th April I did have my 457 which was sponsored by a IT company. But this company is not ready to sponsor ENS186.
Can I change my employer to another IT company which is ready to sponsor ENS 186, but still take advantage of this age exemption ?
Thanks.
Hi Chalam,
This age exemption is only for people who (among other things) held a Subclass 457 visa on or after 18 April 2017.
If you don’t meet this, you might be able to still apply for permanent residence through 3 years of employment at the FWHIT.
Feel free to email us at [email protected] if you’d like to consider this in more detail.
Kind regards,
Hannan Tew
Hi, I had a 457 after April 2017. I’m now on my second 482 having worked for the same company for nearly 5 years. I’m 46 years old. Would I be eligible to apply for permanent residency?
Hi Simon,
As a legacy 457 case worker you might be available for permanent residence through the TRT stream.
I understand you’ve emailed us so one of our colleagues will reach out shortly.
Kind regards,
Hannan Tew
Hi I came on 457 visa as a cook. I worked 2 years and 3 months with same employer but he did not put my permanent residency due to some of his reasons. After I worked with another person and I have total experience is now 3 years and 2 months. Am I able to apply 186 with regional sponsorship with age exemption or not after July
Regards
Sukh
Hi Sukh,
There’s a number of considerations.
Firstly, the occupation of Cook is not eligible for permanent residence unless you meet one of the concessions listed here.
Secondly, the age exemption generally applies only if you are a “legacy 457 worker”.
We’ll need to assess your circumstances, so feel free to contact us at [email protected] to book a consultation.
Kind regards,
Hannan Tew
Hi, my mum came on 457 visa in 2015 as a cook. She worked for the sponsor for 2 years and 3 months but that business sponsorship got cancelled. She lived in aus during the pandemic and now has a new sponsor willing for sponsor her. Is she able to apply for 186 TRT with a new sponsor?
Hi Ravneet,
There’s more eligibility points to consider, but in general, she might be able to be sponsored for permanent residence in the STSOL occupation of Cook (from 1 July 2022):
(1) she was, on 18 April 2017, either held or was an applicant for a Subclass 457 visa that was subsequently granted; or
(2) she had been in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and is employed by an actively and lawfully operating business in Australia.
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
Hi,
I’m in a dilemma if I’m qualified to apply for permanent residency or will I be eligible in future to apply for permanent residency through trt 186 stream as according to the new rules i did worked in Australia for at least 12 months as a production manager(stsol) on a 457 visa for an Australian firm between 1 February 2020 and 14 December 2021.
I worked as a production manager on a 457 visa for two years (Visa Grant date – 19th Feb 2019 to 19th Feb 2021). And then applied for student visa (my wife was primary applicant) i was a dependant Visa holder.
And student visa expired in April 2022 and applied for 482 visa .
Right now on 482 bridging visa from same employer in same occupation as a production manager manufacturing, case officer just requested for visa medicals only which is due on 20th July 2022.
So am I eligible for 186 trt permanent residency ?
Look forward for your reply.
Thanks
Hi Dharmi,
You might be able to apply for TRTS when you have been with your current employer for 3 years in the last four (including your past time with the company on a previous TSS visa).
Feel free to contact us at [email protected] to consider this in more detail.
Kind regards,
Hannan Tew
Hi , my 457 visa was granted on 19 dec 2016 as baker for 25 months after that i went on dependent students visa I’m still in Australia from that time to until now. Will i be eligible for 186 , I’m 32 years old thanks
Hi Sam,
Do you have an employer willing to sponsor you in an appropriate occupation? If so, you might be eligible for 186.
Feel free to email us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi Dharmi ,
My 457 as a wall and floor tiler was granted on the 13th of April 2017 . Im 50yrs of age . My employer whom I’d worked for for 3yrs closed his business during the covid period and I had to withdraw my pr application . I’ve been on a bridging visa awaiting a 482 visa since April 2021 .would o be eligible for the 186 visa ?
Kind regards Craig .
Hi Craig,
Unfortunately you can’t be sponsored without an employer (despite the exemptions).
You might also be in breach of visa conditions by this stage, so feel free to contact us at [email protected] to determine what this means for you.
Kind regards,
Hannan Tew
Hi, I am 45years of age, I just granted my 457 VISA on July 2022. If I didn’t mistaken 457 VISA have age limit for apply PR is 45 years old is it? But start from 1 July 2022, they have age exemption, May I know this age exemption got any end date? Did I eligible for the 186 visa? Thanks
Hi Andy,
Do you mean you were granted a 482 visa in July 2022?
If you were in fact granted a 457 visa, and also were in Australia for at least 12 months between 1 February 2020 and 14 December 2021, you might be able to access an age exemption.
Alternatively, there is an age exemption for people who earn at above the Fair Work High Income Threshold for 3 years.
Feel free to contact us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hi Team,
I had 457 visa on 18th April 2017 with another employer. I went back to my home country in June 2017 and returned back on another 457 visa in March 2018.
I had multiple extension subsequently with 482 visa till June 2022 and continue to remain in Australia during subjected covid period with same employer.
In July 2022 , I moved to another employer. I am 49 years now Will I be eligible for age exemption and when I can my employer apply for my 186 sponsorship to age exemption.
Hi Puna,
You appear to be a legacy 457 holder and meet the age exemption, but because you are with a new employer you would need to be with them for the requisite period before applying for permanent residence. under the TRT stream.
You might also be a “specified 457 holder” in which case you only need to work with your current employer for 2 years (instead of 3).
To confirm your eligibility, please contact us at [email protected].
Kind regards,
Hannan Tew
Hi Hannan Tew,
I’ve been working in Australia for the same employer for over 9 years in a role under the skilled occupation list. I held a 457 Visa on and after 18 Apr 2017. In 2019, I held a 482 Visa for 4 years (Medium term). I did not leave Australia from Feb 2020 to date. My employer was willing to sponsor me for EN 186 TRT but I was never eligible because I was over 50 years old. In light of this new age exemption legislation, am I now eligible for EN 186 TRT visa even though I am over 50 years old?
Thank you,
Maria
Hi Maria,
Sounds like you might be able to meet the age exemption.
If you send us an email at [email protected] we can assess this further.
Kind regards,
Hannan Tew
I had 457 visa on 24 August 2016 I did 3 years work after that my visa expired December 2019 then I had applied 482 visa same employer but my visa was refused I had applied AAT 3 months later my owner sold business then I found other employers July 2022 then I started job there but my visa granted Feb 2022 I’m still working there can I apply 186 visa if have any chance let me I will meet you soon thanks my age 55
Hi Suk,
As your matter is complex, please email us at [email protected] to discuss.
Kind regards,
Hannan Tew