Current 457 visa holders' transition to PR after March 2018?

[Raul Senise]

On 4/25/2017 at 4:42 PM, Flyhigh said:

Hi everyone.

Thanks for the info posted so far its been helpful but also a little unclear especially after reading so many articles online which can be quite contradictory. 

My situation is little different from yours as my 457 is expiring in Feb 2018 and my employer was in the process of nominating me on a subclass 186 visa under the transitional stream as i've been employed by them for 3 years now. Now the skills list has been updated my job has been removed. I've read a couple articles which state that your nominated position MUST be on the new list when applying for PR. 

Reading your comments and Jimmynut24 attachment from the DIPB it looks like I can choose an occupation from the consolidated list.

Like I said my visa expires Feb 2018 so I would like to submit the 186 application as soon as possible but i don't know if it will be rejected if my job is not on the new MLTSSL / STSOL lists. 

Appreciate any help...thank you in advance!

If you are applying under the Temporary Transitional Pathway, there is no list.

Consider some professional advice, as there is currently much misinformation doing the rounds of the internet.

[Flyhigh]

Thanks for your response guys. I have been in contact with a couple of agents and once they get back to me I'll post their response. 

 

[Jessp]

I just watched a very clear webinar from a migration agency in Brisbane - think you can find a replay at this link https://app.webinarjam.net/register/35809/6a49f87cf8

 

confirmed there is currently no list for TRT. (God knows whether that will change though!) A few blanks still from DIBP re whether current 457s not meeting 2 yr requirement by mar 2018 will wait 2 or 3 years but I found it v useful. Hopefully others will too.

[NicF]

On 25 April 2017 at 9:53 PM, Working Visa said:

Over the visa change scandal, Turnbull is accused of using the cheap politics of racism and crass anti-migrant sentiment to appease the conservative rump of his own party. 

Note that NO AUSTRALIAN has ever voted for the man called Turnbull. He staged a coup within his party and overthrew his own comrade Tony Abbott to seized the prime ministership. With the visa change scandal, he claimed to save jobs for Australians. In fact, he saved only his own.

http://transitiontopr.blogspot.com.au/2017/04/turnbull-governments-plan-to-scrap-457.html

http://www.smh.com.au/federal-politics/political-news/greens-in-bid-to-stymie-malcolm-turnbulls-visa-changes-20170423-gvqkir.html

Not true.  Turnbull was leader of the Liberal Party at the time of the last election.

[TemporaryVisaHolder]

After 10 working days, finally my MA gets some news from immigration. Key question regarding my TRT stream after March 2018 still remains unanswered. My TRT date is July 2018. This suggests that announced changes are highly politically motivated and will subject to changes. The magnitude of which depends on how immigration handles lots of court cases to be brought against them for their retrospective  policies and how Turnbull/Dutton manage public dissatisfaction and political attacks from opposition.

[amibovered]

On 4/28/2017 at 10:19 AM, NicF said:

Not true.  Turnbull was leader of the Liberal Party at the time of the last election.

Quite true, and if Abbott was still in charge there is no reason to think he would have done anything differently, also anyone hoping the Labour party will change things is in for a shock.

[MaggieMay24]

11 hours ago, TemporaryVisaHolder said:

After 10 working days, finally my MA gets some news from immigration. Key question regarding my TRT stream after March 2018 still remains unanswered. My TRT date is July 2018. This suggests that announced changes are highly politically motivated and will subject to changes. The magnitude of which depends on how immigration handles lots of court cases to be brought against them for their retrospective  policies and how Turnbull/Dutton manage public dissatisfaction and political attacks from opposition.

We have someone in the same boat and we're looking at the option to sponsor under the DE stream before March 2018 to be on the safe side.

[Vic154]

Hi all this link I found on another thread seems promising for those currently on a 457 and looking to apply for 186 PR after March 2018

https://www.border.gov.au/ReportsandPublications/Documents/budget/visa-price-increase-fact-sheet-2017-18.pdf

It states 457 closes March 2018. It does not state the 186 will close, which says to me it will still be open to 457 holders after then.

I'm no expert but just drawing my assumption from this.... good luck everyone


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[Working Visa]

... DIBP has advised that further information on any transitional or 'grandfathering' arrangements for 186 visa applicants who held 457 visas before 19 April 2017 will be released closer to the implementation date of the changes (March 2018). updated 12 May 2017.

[Jimmynut24]

On 12/05/2017 at 5:52 PM, Working Visa said:

... DIBP has advised that further information on any transitional or 'grandfathering' arrangements for 186 visa applicants who held 457 visas before 19 April 2017 will be released closer to the implementation date of the changes (March 2018). updated 12 May 2017.

what a joke

[Lin]

Here is a petition of 457 visa holders 

https://www.change.org/p/malcolm-turnbull-allow-all-457-visa-holders-to-continue-with-the-original-terms-abilities-of-their-visa?utm_medium=email&utm_source=71484&utm_campaign=petition_update&sfmc_tk=dOMy4pkWYuwlVd5hctodob4on5qeHw2AmQsVEP%2fmAvfU%2bYdk1n4ELdLFZrRsQDP0

[VERYSTORMY]

On ‎16‎/‎05‎/‎2017 at 10:43, Lin said:

Here is a petition of 457 visa holders 

https://www.change.org/p/malcolm-turnbull-allow-all-457-visa-holders-to-continue-with-the-original-terms-abilities-of-their-visa?utm_medium=email&utm_source=71484&utm_campaign=petition_update&sfmc_tk=dOMy4pkWYuwlVd5hctodob4on5qeHw2AmQsVEP%2fmAvfU%2bYdk1n4ELdLFZrRsQDP0

"Allow all 457 visa holders to continue with the original terms & abilities of their visa". This is not correct though. The terms of the 457 have not changed. The change is the eligibility criteria for another visa. To put it in perspective, there are about 2000 changes to immigration law every year. A large number of which affect peoples eligibility. This includes eligibility for people on 457's to apply for other visas. The main one that springs to mind is when occupations are removed.

[Garym85]

On 26/04/2017 at 16:47, Jimmynut24 said:

Given the fact current 457 holders are still eligible for home loans, some already owning a home and all of us pay income tax, I can't personally see the route to PR being closed for us post March 2018 regardless of the new rules. For those already here many have made life decisions and long term investments based on the progression 457 offered to PR. Income tax on 95,000 457 holders must be around the $1bn in government revenues if my "back of a napkin calculation" is almost correct. Maybe everyone on a 457 should rack up some debt by getting a mortgage (new build of course), rack up a credit card and take out car loan. Then if we all have to leave we do what the Saudi's did back in 2008 and leave the banks with a big credit headache, all our cars at the airport and half built houses on the developments.

 

Exactly this! 

I am in the same position as the original post. Visa was granted in November 2016 and I moved in January 17 with my other half coming in to the country a month later. 

We made the decision that we would only move IF we had a pathway to PR. Whilst nobody knows when they move if it will be temporary or forever, we only considered it if we had that opportunity to made it permanent. We are both in our early 30's and would like to start a family within the next Couple of years....if we don't have the option of PR then we would potentially cut our losses now and leave. 

My role was vacant for 1 year before i came over...3 months of that was preparing my visa but they did try and recruit in Australia for quite some time. I earn a fair bit above average salary, had to provide my own private healthcare arrangements and don't benefit from the same benefit system Australian nationals have (not that i need either). 

 

I've read all of the updates on here and I am even more confused about the latest position on all of this. 

My work spoke to me last week and suggested that we wouldn't have PR option but couldn't confirm- this came from the company we use for corporate migration. 

[dsdrussell]

Similar story for me. Visa was granted in Dec 2014, moved in Jan 2015.

Was made redundant from my job in Melbourne in Nov 2016, started a new job who took over my visa in Jan 2017. Visa expires in Dec 2018 and I cannot get to 2 years with my new company to apply through the TRT route.....

Got a catch up with HR tomorrow about the changes and hopefully will get some more news on my options, but fully expecting to be told no PR route from what I've read. As previous posters have said though, until the changes are announced, no-one really knows for sure... the MA our company uses was at a round table meeting with head of DIBP a few weeks ago, so waiting for an update from that...

It's annoying, but totally out of my control, so trying not to let it worry me......


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[Vinnie N]

Hi all and Raul Senise,

I was about to apply for 186 and got told by my agent to hold off as she is not sure if there will be more changes to occupations come July 1st, I am a hotel manager, and have been sponsored for almost 4 years, I actually have 5 months of visa left.

If I lodge my application and DIBP removes my occupation from the list, am I affect by it or once applied this means I'm safe?

Also, if it does not change now and I am eligible to apply, once application is lodged and March 2018 changes come live and are bad news for me, am I affected by it as well?

Cheers

[Raul Senise]

13 hours ago, Vinnie N said:

Hi all and Raul Senise,

I was about to apply for 186 and got told by my agent to hold off as she is not sure if there will be more changes to occupations come July 1st, I am a hotel manager, and have been sponsored for almost 4 years, I actually have 5 months of visa left.

If I lodge my application and DIBP removes my occupation from the list, am I affect by it or once applied this means I'm safe?

Also, if it does not change now and I am eligible to apply, once application is lodged and March 2018 changes come live and are bad news for me, am I affected by it as well?

Cheers

If you are eligible now for PR under TRT, should not delay lodging your application.

The changes to the list will have no effect on you as there is no list if you are applying under the Temporary Residence Transitional pathway of the Employer Nomination Scheme (subclass 186).

[FKS]

On 2017-5-30 at 22:46, Raul Senise said:

If you are eligible now for PR under TRT, should not delay lodging your application.

The changes to the list will have no effect on you as there is no list if you are applying under the Temporary Residence Transitional pathway of the Employer Nomination Scheme (subclass 186).

Is this just for now or do you know if it will apply after March next year also. Similar to others we are hoping to apply under the TRT route but can't apply until 31st August 2017 and are wondering what will happen assuming our visa is not approved by March 2018 (as at this point my husband's job that we are using for the application will be on the short term skills list). 

Thanks for any help. 

Fi 

[Raul Senise]

6 hours ago, FKS said:

Is this just for now or do you know if it will apply after March next year also. Similar to others we are hoping to apply under the TRT route but can't apply until 31st August 2017 and are wondering what will happen assuming our visa is not approved by March 2018 (as at this point my husband's job that we are using for the application will be on the short term skills list). 

Thanks for any help. 

Fi 

At this stage we do not know. Immigration has advised that details will be released closer to March 2018.

[FKS]

2 minutes ago, Raul Senise said:

At this stage we do not know. Immigration has advised that details will be released closer to March 2018.

OK thanks - appreciate you taking the time to respond. I guess we just get on and apply in August and hope for the best! 

[Micgeo]

Hi guys 

im very confused and I can't find a clear answer,I was granded a457 visa for 4 years in November 2016 as restaurant manager,after 2 or even 3 years  am I still have the pathway for Temporary Residence Transition stream 186?

[MaggieMay24]

10 hours ago, Micgeo said:

Hi guys 

im very confused and I can't find a clear answer,I was granded a457 visa for 4 years in November 2016 as restaurant manager,after 2 or even 3 years  am I still have the pathway for Temporary Residence Transition stream 186?

You can't find a clear answer because there isn't one.  DIBP announced proposed changes that make it seem that there will not be a pathway to a PR visa for you, but then they have said that they may grandfather the previous eligibility for 186 TRT for those who held a 457 before the recent announcement.  But they haven't confirmed this yet, so it's still up in the air.

[Flyhigh]

I lodged my application for a 186 through the TRT stream a few weeks back. I was advised to lodge it by many agents ASAP as anyone applying through the TRT is not yet affected by the changes. 

As there is a high volume of applications being lodged the wait time has gone up from 8-9 months to 9-12 months. 

I was hoping to have the application approved before the changes next year but this doesn't look promising. Hopefully the 'Grandfathering' terms will be favourable to the people who have already applied!

[Vic154]

I lodged my application for a 186 through the TRT stream a few weeks back. I was advised to lodge it by many agents ASAP as anyone applying through the TRT is not yet affected by the changes. 
As there is a high volume of applications being lodged the wait time has gone up from 8-9 months to 9-12 months. 
I was hoping to have the application approved before the changes next year but this doesn't look promising. Hopefully the 'Grandfathering' terms will be favourable to the people who have already applied!

I'm in the same boat. Haven't applied yet but hit my 2 year mark in a few weeks so will apply then and hope for the best. TRT has not really been mentioned in recent changes, except the 2yr to 3yr requirement, as skills assessment is not required so I'm hopeful!

As I've been on a 457 for 6 years now I just hope there's a little common sense and the 3 yr requirement can be spread across multiple roles/employers as who stays in the same role 3 years these days?! No one in my industry!

[Nico]

Hi all,

Thank you all for the contributions. I am in the exact same situation as the original poster and am not eligible for 186 direct entry because I do not have sufficient experience in my nominated occupation.  I am hoping to get to PR through TRT ... in May 2018. 

Anyone knows what's the best way to get to the clarification of grandfathering details which I assume will be available around 01/07/17?

Thanks a lot!

[TemporaryVisaHolder]

Slater and Gordon law firm just won a case in which the federal government had to pay $70 million in compensation for those wrongfully held up by the immigration. Coming back to DIBP retrospective decision on 457 visa's pathway to PR, it is the immigration department who earlier prescribed that 457 visa holders are eligible to permanent residency under TRT stream. Observing this policy, thousands have sold their properties, changed their jobs and started a new path in Australia in a lawful manner. Indeed, they have made great contributions to this beautiful country. All of a sudden, the immigration minister issued a highly retrospective statement which deprived current 457 visa holders of their pathway to permanent residency. This retrospective statement shattered thousands of careers and damaged thousands of Australian businesses. In nature, this retrospective statement is contrary to all rule of law principles. I wonder if anyone has thought of a class action against such a retrospective statement.