The 457 visa is a temporary skilled worker visa, designed to help employers with immediate skills shortages that cannot be filled by Australian citizens or residents. From March 2018, the 457 visa was replaced by the Temporary Skill Shortage 482 visa.

Common questions

My business sponsored a 457 visa holder. Is the visa still valid?

Yes, your employee’s visa is still valid from the day it was awarded; it has not ‘disappeared’.

Can I sponsor my employee to transition from a 457 visa to permanent residency ENS 186 or RSMS 187?

The Temporary Skill Shortage 482 visa replaces the previous temporary skilled 457 visa. For visa holders who had held or lodged temporary skilled 457 visa application (and the skilled visa was granted) prior to 18 April 2017, the opportunity for permanent residency has been maintained through the Grandfathering of the skilled visa provisions.

These provisions remain even if the applicant has changed skilled visa sponsors. So the time period for temporary residency transition to ENS 186 or RSMS 187 permanent residency skilled visas at 2 years of full time work with the same sponsor and an age limit remains at under 50 years. This also applies if the occupation that the 475 temporary skilled visa occupation has moved to the STSOL or ROL or has been excised completely.

My employee was granted a 457 visa after the 18th of April 2017. Can I sponsor them for Permanent Residency?

This depends on which occupation list your employee’s job appears on. If their occupation appears on the Short Term Skilled Occupation list, you will maybe be able to sponsor them for PR if your business is in a regional area (see for regional posts codes). However, if their occupation appears on the Medium and Long Term Strategic Skilled List, you can either sponsor them via TRT (temporary resident transition) (employed by you for a minimum of 3 years) or via direct entry (sponsored by you at any time, skills assessment required).

How long does my business have to wait before we can sponsor my 457 visa holder for PR?

This depends on whether you and your employee opt to take the TRT (temporary resident transition) pathway or the direct entry pathway.

TRT (Temporary Resident Transition):

If your employee was granted a 457 visa after April 2017 and their job is on the Medium and Long Term Strategic Skilled List, your employee must have worked in that that job for 3 years before the transition process to PR can begin.

If your employee was granted a 457 visa before April 2017, your employee must have worked in that job for 2 years before the transition process to PR can begin.

Direct Entry:

If your employee meets language and skills requirements, you and your employee can begin the process immediately.

The most appropriate pathway will depend on you and your employee’s circumstances and future plans.

Question: What is the difference between the Short-term Skilled Occupation List and the Medium and Long-term Strategic Skills List?

Occupations on the Short-term Skilled Occupation List are eligible for 457 visas through the short-term stream. This means the visa is valid for 2 years with option to renewal. Occupations on the Medium and Long-term Strategic Skills List are eligible for 482 visas through the medium-term stream. This means the visa is valid for 4 years. In addition, visa-holders can apply for permanent residency after living in Australia for 3 years.

 

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