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

[Raul Senise]

On 14/07/2017 at 15:53, peanut bacon said:

Guys, please take time to search and read instead of asking dodgy MA who just want fast and easy money .. 

Everything is written down since end of May, there is no yes, maybe, why not, because of ..

can't be more clear than this;

As I am one of the Agents who has posted on this thread, I can only assume that I must be one of these dodgy Agents you refer to.

Here are some points to consider about your "clear" information:

• The information is out of date as it has already been superseded by the 1 July changes;
• If you had bothered to actually read the entire thread, one of the main questions being asked is what will happen after March 2018 when further extensive changes are introduced;
• The handout you attached is not the Law but simply a basic and simple summary, which was relevant for a very short period of time.

I can understand that you may have been burnt in the past, but that's no reason to discredit Agents who you do not know and who have been providing free help on this forum for many years.

It's easy for you to claim that you have definitive answers, as you don't have to deal with the ramification if you are wrong.

To others reading this thread, be mindful that the attachment provided by "peanut bacon" is out of date and not reflective of the new 1 July changes. A more recent summary can be found here, but be mindful that this is a summary only and not the Regulations. As such it is not conclusive and subject to further change.

 

[peanut bacon]

Raul, if you don't feel concern, you do not need to assume you are on of them. 

There are good guys and bad guys in every jobs. If you had bothered to read the entire thread, I'm not putting every MA in the same basket. 

Like I said I will ask ( and use as for now ) the service of a MA when my turn comes around. 

As for law, it's what I do for a living. Believe me I'm more than aware when things goes wrong .. as it's my every day job. 

The attachment I post, as of the last chat I had with the MA, the big lines are still in work, but no major changes to what as been announced. 

So here you go, one say red, one say white.

 

[Raul Senise]

35 minutes ago, peanut bacon said:

Raul, if you don't feel concern, you do not need to assume you are on of them. 

There are good guys and bad guys in every jobs. If you had bothered to read the entire thread, I'm not putting every MA in the same basket. 

Like I said I will ask ( and use as for now ) the service of a MA when my turn comes around. 

As for law, it's what I do for a living. Believe me I'm more than aware when things goes wrong .. as it's my every day job. 

The attachment I post, as of the last chat I had with the MA, the big lines are still in work, but no major changes to what as been announced. 

So here you go, one say red, one say white.

 

The issue is that you implied that Agent's were purposely not answering questions in order to make "fast and easy money" which is simply not true.

If you work in the Law, you of all people should be well aware that the Regulations are what is important and you can not rely on website information.

Changes made on 1 July go directly against what was stated on the information you posted.

[peanut bacon]

What exacly goes against in fact sheet one & two and the FAQ ? I'm not with you on that one. They are complimentary.

Even though the FAQ was issued in May, the document has been updated and uploaded on July the 14th.

As for true or not, it is just a misunderstanding. 

[Working Visa]

It has been confirmed by DIBP in its recent announcement concerning age limit for ENS186 TRT stream after March 2018. Under 45 age limit will apply from March 2018. This limit is understandable for DE but not fair for TRT stream applicants whose visas were current on 18 April 2017

http://www.border.gov.au/WorkinginAustralia/Pages/1-July-2017-changes.aspx

[Lin]

I am 4 yrs 457 holder ( short list ) transit post March 2018. 

Just would like to share some news here

There is going to have a transitional arrangement for 457 holders and applicants post March,2018. 

If immi does not intend to let 457s transit, they don't need to mention those on May and June agent news ( I hope I am right )

Also if post March 2018 TRT is gone , what kinda of PR stream can allow 457s holders who granted 4 years visa after 4/19 2017 ? 

Some PPl said post March all jobs need to be on the mid long list  ... I hope this is for DE otherwise this long list change one year one time ..how ppl can transit after 2 or 3 years as if their jobs are no longer on the long list at that moment ? ( currently TRT is not based on any job list )

I don't know I can see these signs as good news or bad news... Since no one knows the details of transitional arrangement close to next year  

Hopefully  is not extend one more year for TRTS post March,2018 ....

Just provide 2 views and please let us know if there is any incorrect guess

Thank u

 

Edited July 18, 2017 by Lin

[Working Visa]

According to DIBP media releases so far: TRT stream is still there but more restrictive from March 2018. English must be at least 6.0 all bands. Age limit of under 45 will apply. However, some key questions still lack affirmative answers: whether occupations under TRT stream must be within the long list, whether 2 years on 457 visa period will be extended to 3 years for those CURRENT on the day changes announced (April 18 2017) or what grandfathering arrangements would be given to those CURRENT cases so the government policies will not be unfair nor retrospective. Hopefully some members in this forum have more information and shed some lights on those questions.

[Raul Senise]

1 hour ago, Working Visa said:

According to DIBP media releases so far: TRT stream is still there but more restrictive from March 2018. English must be at least 6.0 all bands. Age limit of under 45 will apply. However, some key questions still lack affirmative answers: whether occupations under TRT stream must be within the long list, whether 2 years on 457 visa period will be extended to 3 years for those CURRENT on the day changes announced (April 18 2017) or what grandfathering arrangements would be given to those CURRENT cases so the government policies will not be unfair nor retrospective. Hopefully some members in this forum have more information and shed some lights on those questions.

You are correct and there are still many unanswered questions, especially in regard to what will happen from March 2018. As Immigration has stated transitional arrangements for existing visa holders and visa applicants to be confirmed.

The two big questions that everyone is wanting answers to are:

• Will people who were granted subclass 457 visas prior to the April changes, still be able to apply under the TRT pathway, irrespective of their occupation, after March 2018;
• Will people who have applied under the TRT pathway but have not had their applications finalised by March 2018, be retrospectively affected by changes.

Although some have suggested that they know the answers to these questions, it is not the case and only time will tell. We will only know for sure once the March Regulations are released.

Edited July 20, 2017 by Raul Senise

[Starrynight]

On ‎21‎/‎07‎/‎2017 at 07:37, Raul Senise said:

You are correct and there are still many unanswered questions, especially in regard to what will happen from March 2018. As Immigration has stated transitional arrangements for existing visa holders and visa applicants to be confirmed.

The two big questions that everyone is wanting answers to are:

• Will people who were granted subclass 457 visas prior to the April changes, still be able to apply under the TRT pathway, irrespective of their occupation, after March 2018;
• Will people who have applied under the TRT pathway but have not had their applications finalised by March 2018, be retrospectively affected by changes.

Although some have suggested that they know the answers to these questions, it is not the case and only time will tell. We will only know for sure once the March Regulations are released.

With reference to the first of these 2 big questions, could I add 'irrespective of their occupation or age'. This is the question we have as my husband is 45 in September! Do you think it would be possible for us to get a skills assessment done and a ENS186 direct entry visa application lodged before beginning of September?

 

Edited July 26, 2017 by Starrynight

[VERYSTORMY]

4 hours ago, Starrynight said:

With reference to the first of these 2 big questions, could I add 'irrespective of their occupation or age'. This is the question we have as my husband is 45 in September! Do you think it would be possible for us to get a skills assessment done and a ENS186 direct entry visa application lodged before beginning of September?

 

That would be seriously pushing it. Skills assessments vary according to assessor and things, but an average to allow is 8 weeks.

[Raul Senise]

14 hours ago, Starrynight said:

With reference to the first of these 2 big questions, could I add 'irrespective of their occupation or age'. This is the question we have as my husband is 45 in September! Do you think it would be possible for us to get a skills assessment done and a ENS186 direct entry visa application lodged before beginning of September?

It depends on the occupation. Some assessing authorities have priority processing.

[Working Visa]

Turnbull's govt is in crisis and its legitimacy to run Australia is in question. In the event that the government loses its legitimacy/majority and a new government comes to power, what would be the prospects for all "deadlines" for visa changes like 3/2018? What would be the fates of all changes/policies that have been introduced and approved by an illegitimate government? Appreciate if people could share thoughts.

[Ansari]

 

I’m Abu my457 visa Grant date is on  20/05/16 As a cook after two year completing from same employer can I apply for ENS after 20/05/2018 please let me know.
Regard,

[gavinw89]

Is there any up to date information regarding the 457 to PR transition for current visa holders? My 457 visa was granted August 2016 therefore I won't be able to apply before the March 2018 changes.

Thanks

Edited September 4, 2017 by gavinw89

[Aron]

great news!  DIBP just again confirmed that 457 visa holders or applicants as of April 2017 will still be able to access to pathway to PR after March 2018

 http://www.border.gov.au/WorkinginAustralia/Pages/Newsletters/skilled-visa-enews-september-2017.aspx

See "March 2018 update" section in above link. It is a very much relief for me. 

Edited September 30, 2017 by Aron

[MaggieMay24]

12 hours ago, Aron said:

great news!  DIBP just again confirmed that 457 visa holders or applicants as of April 2017 will still be able to access to pathway to PR after March 2018

 http://www.border.gov.au/WorkinginAustralia/Pages/Newsletters/skilled-visa-enews-september-2017.aspx

See "March 2018 update" section in above link. It is a very much relief for me. 

I don't think there was any question about whether 457 visa holders were still eligible for PR.  The issue is whether they need to meet the new PR rules or whether there will be some grandfathering or transitional arrangements and as indicated in the e-newsletter " Detailed information in relation to the transitional provisions is not, however, yet available."

[Micgeo]

I agree

[stillwaiting007]

Quote

I don't think there was any question about whether 457 visa holders were still eligible for PR.

There was a question for people whose occupation was in STSOL. But this update gives some hope.

[Saugat]

Please go through the link ,Aron has provided with. On the topic "transitional arrangement" its clearly mentioned that they will be employer sponsored pathways to the permanent residency like stated earlier.  

[MaggieMay24]

On 10/11/2017 at 20:07, Saugat said:

Please go through the link ,Aron has provided with. On the topic "transitional arrangement" its clearly mentioned that they will be employer sponsored pathways to the permanent residency like stated earlier.  

But it doesn't say if the people currently holding a 457 need to meet the proposed new rules or whether they would be assessed under the old rules.  This is the information that everyone is waiting for.

[Saugat]

There is no way that existing 457 will be assessed under new rules because the term "granfathering " in terms of law itself  mean unaffected by the new rules. Plus some of the occupations of the existing holders are out of new list and some have moved to short term or completely out of the list. If you are thinking under new rules it will be three years for transition to PR thats impossible . Now, in this latest new update if they have said under transitional arrangement existing holder will still be allowed to transition into PR i am certain they mean  it's under the same old terms and condition. Fingers crossed.

[SJB123]

On 14/10/2017 at 00:28, Saugat said:

There is no way that existing 457 will be assessed under new rules because the term "granfathering " in terms of law itself  mean unaffected by the new rules. Plus some of the occupations of the existing holders are out of new list and some have moved to short term or completely out of the list. If you are thinking under new rules it will be three years for transition to PR thats impossible . Now, in this latest new update if they have said under transitional arrangement existing holder will still be allowed to transition into PR i am certain they mean  it's under the same old terms and condition. Fingers crossed.

What about existing 457 visa holders with a job on the mltssl who are over 45 I wonder..there is no mention anywhere about the prospect of us 45+ year olds having our conditions grandfathered, despite being below the upper limit when our visa was granted?? Anyone??

[Saugat]

21 hours ago, SJB123 said:

What about existing 457 visa holders with a job on the mltssl who are over 45 I wonder..there is no mention anywhere about the prospect of us 45+ year olds having our conditions grandfathered, despite being below the upper limit when our visa was granted?? Anyone??

You are safe my friend because like i have written earlier "granfathering" means uneffected by new rules in terms of law. And when you got your 457 visa the age limit was not 45 years which means  under your case, it still applies to you and you will have a full right to apply for residency under TRT . They have said they will make it more clear when the implimentation dates are near in  their FAQ. But i am totally positive in your case. 

[Raul Senise]

On 14/10/2017 at 03:28, Saugat said:

There is no way that existing 457 will be assessed under new rules because the term "granfathering " in terms of law itself  mean unaffected by the new rules. Plus some of the occupations of the existing holders are out of new list and some have moved to short term or completely out of the list. If you are thinking under new rules it will be three years for transition to PR thats impossible . Now, in this latest new update if they have said under transitional arrangement existing holder will still be allowed to transition into PR i am certain they mean  it's under the same old terms and condition. Fingers crossed.

 

On 18/10/2017 at 16:50, Saugat said:

You are safe my friend because like i have written earlier "granfathering" means uneffected by new rules in terms of law. And when you got your 457 visa the age limit was not 45 years which means  under your case, it still applies to you and you will have a full right to apply for residency under TRT . They have said they will make it more clear when the implimentation dates are near in  their FAQ. But i am totally positive in your case. 

Your assurances are misplaced. Your advice is based on assumption rather than fact.

[Saugat]

I have seen professionals who make a business out  for themselves out of others misery. I am an individual who did enough research for my own good. I am only trying to share what i have learnt. I don't have a firm or i am an immigration agent. I didn't hire an so called "expert" because i was sick and tired of them providing misleading information and sucking out every penny that i had saved. If you have any questions please ask as its a discussion if you have something useful to say. Please share.