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Transitional arrangements for Subclass 457 Holders Transitioning into Permanent Residency impacted by COVID19 measures

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A Legislative Instrument LIN 20/190 – Transitional operation of regulation 5.19 for certain 457 visa holders Amendment 2020 has amended Legislative Instrument IMMI 18/052 to provide concessions for certain 457 visa holders whose work hours had or have been reduced or were required to take unpaid leave due to the COVID pandemic.

In summary, 457 visa holders that are intending on applying for permanent residency via the Employer Nomination Scheme (subclass 186) via the Temporary Residence Transition stream will not be affected if their working hours were reduced or they were forced to take unpaid leave during the relevant period.

The finer details

Coronavirus reduced work period (subsection 7A(3)) – for the purposes of Reg 5.19(5)(f) is defined as:

  • a period during the concession period, and
  • during the period of 4 years (or 3 years for grandfathered SC 457s) immediately before the application was made, and
  • throughout which the person was employed in the occupation for which the SC 457 or subsequent SC 482 was granted for Reg 5.19(5)(e), and
  • throughout which the employment was other than on a full time basis but would have been full time if not for the coronavirus pandemic, or
  • the person was on unpaid leave from that employment due to the coronavirus pandemic.

Coronavirus unpaid leave period (subsection 7B(3)) – for the purposes of Reg 5.19(g) is defined as a period that:

  • occurred during the concession period, and
  • during the period of 4 years (or 3 years for grandfathered SC 457s) immediately before the application was made, and
  • throughout which the person was employed in the occupation for which the SC 457 or subsequent SC 482 was granted for Reg 5.19(5)(e), and
  • was on unpaid leave from that employment due to the coronavirus pandemic.

This amendment applies to applications:

  • made on or after 1 February 2020 and before 24 November 2020 and not finally decided, or
  • applications made on or after 24 November 2020.

More information

If you require further information on what this means for you or your employees please don’t hesitate to contact our office for personal advice on your circumstances.

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