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


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13 minutes ago, Saugat said:

I am an individual who did enough research for my own good. I am only trying to share what i have learnt. 

No you are not, as you are spreading rumours based on your interpretation of a media release.

In this regard Immigration has specifically stated that: "Detailed information in relation to the transitional provisions is not, however, yet available."

As there are no Regulations regarding the post March 18 changes, it is completely irresponsible to advise someone that they will be able to apply even though they are over the age of 45.

Your posts are far from helpful and potentially extremely damaging.

If you have experience to share, by all means do so but don’t pretend you know things that you obviously do not.

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I have been searching and reading everything since the announcements.  So far, no information saying that those completing 2 years after 18th March will be able to apply for TRT stream.  Definitely possible after 3 years.  According to the eNEWs on dibp webisite more details will be available in the next eNEWS.  Fingers crossed that there will be some sort of transitional arrangement for all who are affected.  

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On 23/10/2017 at 15:52, Raul Senise said:

No you are not, as you are spreading rumours based on your interpretation of a media release.

In this regard Immigration has specifically stated that: "Detailed information in relation to the transitional provisions is not, however, yet available."

As there are no Regulations regarding the post March 18 changes, it is completely irresponsible to advise someone that they will be able to apply even though they are over the age of 45.

Your posts are far from helpful and potentially extremely damaging.

If you have experience to share, by all means do so but don’t pretend you know things that you obviously do not.

"As previously advised, from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence. Detailed information in relation to the transitional provisions is not, however, yet available.

I don't have anything to say if you believe we cannot believe on the news release of australian immigation itself. Since you are a "professional" please expalin what does "as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence" means.

Work is still in progress to provide further policy clarification regarding TRT transitional caseloads for March 2018. We hope to be able to provide additional advice on this in the next edition of the newsletter. The FAQs on the website will also be updated when this information is available."

Detailed information is not available because "THEY ARE STILL WORKING ON THE POLICY " . Because  it's not march 2018 march yet.  

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12 hours ago, Saugat said:

"As previously advised, from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence. Detailed information in relation to the transitional provisions is not, however, yet available.

I don't have anything to say if you believe we cannot believe on the news release of australian immigation itself. Since you are a "professional" please expalin what does "as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence" means.

Work is still in progress to provide further policy clarification regarding TRT transitional caseloads for March 2018. We hope to be able to provide additional advice on this in the next edition of the newsletter. The FAQs on the website will also be updated when this information is available."

Detailed information is not available because "THEY ARE STILL WORKING ON THE POLICY " . Because  it's not march 2018 march yet.  

There is no point arguing with you as you appear to believe that you know it all already, as you have read two lines of a media release.

Continue believing that everything will be exactly as it was before April 2017, I hope it works out well for you.

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On 10/24/2017 at 18:08, Saugat said:

"As previously advised, from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence. Detailed information in relation to the transitional provisions is not, however, yet available.

I don't have anything to say if you believe we cannot believe on the news release of australian immigation itself. Since you are a "professional" please expalin what does "as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence" means.

Work is still in progress to provide further policy clarification regarding TRT transitional caseloads for March 2018. We hope to be able to provide additional advice on this in the next edition of the newsletter. The FAQs on the website will also be updated when this information is available."

Detailed information is not available because "THEY ARE STILL WORKING ON THE POLICY " . Because  it's not march 2018 march yet.  

"As previously advised, from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence."  CORRECT - IF your occupation is on the MLTSSL and you are under 45 and you meet the the remaining proposed new rules for a PR visa, then yes you will continue to have access to an employer sponsored pathway to permanent residency.  HOWEVER - there is nothing published by DIBP to suggest that if you don't meet the new rules that you have any hope of a PR visa.  That is why they say "Detailed information in relation to the transitional provisions is not, however, yet available."  MAYBE there will be grandfathering for current 457 visa holders who don't meet the proposed new regulations, but until they publish something that says this is the case, then as Raul said, you shouldn't tell people that they will be safe. If someone doesn't already meet the proposed new regulations, then I would strongly suggest they speak with a registered migration agent to look for a Plan B.

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But it doesn't say 'some' 457 visa holders (as at April 18) will be able to transition to PR. It states people who 'were' existing 457 visa holders on April 18. Obviously those who are still eligible under the incoming rules will be okay! Why would they need to state the obvious? They must mean all of us will have a pathway to PR. I'm hoping so anyway!

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  • 2 weeks later...

With its legitimacy to run Australia is at greater risk than ever, the government’s tone on visa crackdown seems more softened in its September news letter.

“from March 2018, individuals who were existing subclass 457 visa holders (or subclass 457 applicants) as at 18 April 2017 will CONTINUE to have access to an employer sponsored pathway to permanent residence”. 

Good news is that this time they allow even existing 457 applicants (18 April) to access permanent residence.

Expect DIBP will translate their words into deeds soon. 

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  • 2 weeks later...

Just requote a post from Raul short time ago

More details about grandfathering arrangements for people who held or applied for a subclass 457 before 18 April 2017:

 

"People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream: 

- occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa); 

- the age requirement will remain at less than 50 years of age; and 

- the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years."

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Good news for all who have been anxious since April. My agent has finally confirmed to me after getting official communication from DIBP: 

Grandfathering Provisions for 457 Holders or Applicants as of 18 April 2017

The Department of Immigration has announced that 457 holders and applicants as of 18 April 2017 will not need to meet all of the new requirements.

These "grandfathered" 457 holders have access to transitional provisions which would preserve their eligibility for ENS and RSMS through the Temporary Residence Transition Stream

To be eligible for the transitional provisions, you must either have:

  • Held a 457 visa as of 18 April 2017; or
  • Have a pending 457 visa application as of 18 April 2017, and this application was subsequently granted 

Grandfathered applicants will not need to meet all the new requirements when applying for Temporary Residence Transition Stream ENS and RSMS visas from March 2018, and in particular:

  • Occupation: grandfathered applicants will be able to apply even if their occupation is not on the MLTSSL
  • Age: they will be able to apply providing they are under 50 years
  • Work Experience on 457 Visa: they can qualify once they have worked in their occupation for their employer on a 457 visa for 2 years


Grandfathered applicants will still need to meet the requirements for minimum salary (TSMIT) and payment of the training levy from March 2018.

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Good news for all who have been anxious since April. My agent has finally confirmed to me after getting official communication from DIBP: 

Grandfathering Provisions for 457 Holders or Applicants as of 18 April 2017

The Department of Immigration has announced that 457 holders and applicants as of 18 April 2017 will not need to meet all of the new requirements.

These "grandfathered" 457 holders have access to transitional provisions which would preserve their eligibility for ENS and RSMS through the Temporary Residence Transition Stream

To be eligible for the transitional provisions, you must either have:

  • Held a 457 visa as of 18 April 2017; or
  • Have a pending 457 visa application as of 18 April 2017, and this application was subsequently granted 
Grandfathered applicants will not need to meet all the new requirements when applying for Temporary Residence Transition Stream ENS and RSMS visas from March 2018, and in particular:
  • Occupation: grandfathered applicants will be able to apply even if their occupation is not on the MLTSSL
  • Age: they will be able to apply providing they are under 50 years
  • Work Experience on 457 Visa: they can qualify once they have worked in their occupation for their employer on a 457 visa for 2 years

Grandfathered applicants will still need to meet the requirements for minimum salary (TSMIT) and payment of the training levy from March 2018.

Hi, could you tell me where your MA got this info? Is it on the website?
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Hi all. I am granted only 1.5 years 457 cook visa. my visa will expire on may 2018. Can I renew my visa by existing old rule. I need to work for 2 years to be eligible for TRT PR pathway. any suggestions will be appreciated. 

thanks 

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7 hours ago, yad said:

Hi all. I am granted only 1.5 years 457 cook visa. my visa will expire on may 2018. Can I renew my visa by existing old rule. I need to work for 2 years to be eligible for TRT PR pathway. any suggestions will be appreciated. 

thanks 

It would be a new application and you would need to meet the criteria in place at the time you submit your application.

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12 hours ago, Goal Aus said:

Can anyone tell if the same rule applies for trt if you have changed the employer

I assume that as long as you were with the new employer before April 18, 2017 then the grandfathering arrangement would apply to you as well, but my assumption could be wrong.  Until the legislation is put in place, the details won't be completely clear.

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  • 2 weeks later...
On 25/10/2017 at 06:53, Raul Senise said:

There is no point arguing with you as you appear to believe that you know it all already, as you have read two lines of a media release.

Continue believing that everything will be exactly as it was before April 2017, I hope it works out well for you.

Well it did for me and everyone!

 

 

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13 hours ago, Saugat said:

Well it did for me and everyone!

Fortunately a lot of 457 visa holders will be able to continue on to a PR visa.  However until the Department made the announcement, it's foolish for anyone to assume the government will make a decision just because the visa holders/applicants think they should and there are often changes made that mean people's plans have to drastically change - check out the Priority 5 situation where applicants had their visas capped & ceased and after waiting 8 years for a decision, they're now waiting for a refund because they're no longer eligible for a visa.  Migration Agents do the correct thing when they tell people not to make assumptions until there's an announcement or legislation in place.

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  • 3 weeks later...
On 12/12/2017 at 08:30, MaggieMay24 said:

Fortunately a lot of 457 visa holders will be able to continue on to a PR visa.  However until the Department made the announcement, it's foolish for anyone to assume the government will make a decision just because the visa holders/applicants think they should and there are often changes made that mean people's plans have to drastically change - check out the Priority 5 situation where applicants had their visas capped & ceased and after waiting 8 years for a decision, they're now waiting for a refund because they're no longer eligible for a visa.  Migration Agents do the correct thing when they tell people not to make assumptions until there's an announcement or legislation in place.

Well after the press release from department of immigration and border protection itself and speech from immigration minister promising about granfathering arrangement in the beginning ,  i do not think it was  a rocket science to figure this out that this outcome was certain. I don't want to go on and on about it . I am happy it worked out well for everyone . Good on you.

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