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.
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?
This depends on when your employee was awarded the 457 visa and what their occupation is. For example, if your employee was granted a 457 visa before changes to the skilled occupation list were brought in April 2017, there’s a good chance you will be able to sponsor them for PR.
My employee was granted a 457 visa after 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 not be able to sponsor them for PR. However, if their occupation appears not eh Medium and Long Term Strategic Skilled List, you can either via TRT (temporary resident transition) or via direct entry.
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.
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 no option for renewal. Occupations on the Medium and Long-term Strategic Skills List are eligible for 457 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.
Question: The occupation my business nominated for sponsorship has been removed from the new skilled occupation lists. What happens now?
Timeline of 457 visa changes and introduction of the TSS
By December 2017 – Additional changes to 457 visa requirements
From March 2018 – 457 visa ends and is replaced by the TSS visa