457 visa to permanent residency – changing employers

What is the pathway from a 457 visa to permanent residency?  If you either held, or were an applicant for a 457 visa (which was subsequently granted) on 18 April 2017, transitional arrangements apply when you lodge a 186 ENS visa via transition.

What are the benefits of the transitional arrangements?

  1. You only need to work for 2 years (not 3) out of the last 3 years in your nominated occupation for your 186 nominating employer.
  2. You must be under 50 (not 45) years of age, unless other exemptions apply.
  3. The short and medium term skills lists do not apply, even if you have changed your nominated employer.

For instance:  you hold a 457 visa granted on 1 January 2017.  Your nominated occupation is “recruitment consultant”.   So you meet the requirements for the transitional arrangements.    However, you changed employers in July 2017, but your nominated occupation remained the same ‘recruitment consultant’.    Once you have worked for this new employer for 2 years, so by August 2019, you can lodge a 186 ENS visa via transition with your current employer.     Obviously pending all other criteria for the 186 nomination and visa being met.

This is great news for those who are wanting to transition from a 457 visa to permanent residency.    This is also good news for those who are currently working for employer and have received a better job offer but are worried changing sponsors will jeopardise their future permanent visa options.

It is however, important to note, that the migration legislation and policy changes frequently.  This pathway is current available as of today but there is no guarantee it will remain available when you are ready to loge your 186 visa application.

Contact our Migration Agent Melbourne, Migration Agent Sydney or Migration Agent Perth for up to date and current migration advice.