Transitioning into Permanent Residency from a 457 Visa

As the holder of a 457 visa you may be considering your options for Permanent Residency in Australia.

There are currently two standard options for subclass 457 visa holders to transition into Permanent Residency via the Employer Nominated Scheme (subclass 186).

Option 1 – Temporary Residence Transition Stream

If you are the holder of a subclass 457 visa and have been working with your employer for two years or more you may be eligible to apply for Permanent Residency with the support of your employer via the ‘Temporary Residence Transition Stream’.

Main Requirements:

Applicant

  • You must have been sponsored by the same employer for a period of two years on a subclass 457 visa
  • You must be under the age of 50 at the time of your application unless you are exempt from the age requirement
  • You must have a score of at least 5 in each of the four test bands in an IELTS or its equivalent (OET, TOEFL iBT, PTE, CAE) or be the holder of a passport issued bu the United States of America, Canada, United Kingdom, or the Republic of Ireland
  • If your occupation requires licensing or registration, you must hold or be eligible to hold the relevant licensing/registration requirements of your occupation

Employer/Sponsor

  • Your sponsor must have complied with all their obligations as a Standard Business Sponsor during the period in which you were sponsored on a subclass 457 visa such as meeting the training benchmarks and salary requirements.
  • A formal permanent employment contract must be offered in an ongoing position.
  • The terms and conditions of employment should be equivalent to what would be paid to an Australian citizen or Australian permanent resident performing equivalent work.

Option 2 – Direct Entry Stream

If you have not worked with the same employer for two years or more but wish to apply for permanent residency, you may be eligible to apply via the ‘Direct Entry Stream’ of the subclass 186.

Main Requirements:

  • You must have obtained a positive skills assessment bu the relevant assessing authority for the occupation you are being nominated under.
  • You must be under the age of 50 at the time of your application unless you are exempt from the age requirement.
  • You must have a score of at least 6 in each of the four test bands in an IELTS or its equivalent (OET, TOEFL iBT, PTE, CAE) or be the holder of a passport issued bu the United States of America, Canada, United Kingdom, or the Republic of Ireland.
  • If your occupation requires licensing or registration, you must hold or be eligible to hold the relevant licensing/registration requirements of your occupation.

Employer/Sponsor

  • Your sponsor must have complied with all their obligations as a Standard Business Sponsor during the period in which you were sponsored on a subclass 457 visa such as meeting the training benchmarks and salary requirements.
  • A formal permanent employment contract must be offered in an ongoing position.
  • The terms and conditions of employment should be equivalent to what would be paid to an Australian citizen or Australian permanent resident performing equivalent work.

 

It is important to note that the requirements outlined above are a brief summary of the main requirements needed to be satisfied to be eligible for this visa. There are a range of additional requirements that also must be met by the sponsor and applicant.

 

If you are an employer who wishes to consider options for Permanent Residency for you employee, or a 457 visa holder wishing to explore options for Permanent Residency please contact us at 1300 083 843 or via email at info@ethosmigration.com.au