Following the introduction of the new TSS visa subclass 482 that came into effect on 18 March 2018, it has raised many concerns to current 457 visa holders as to whether they will be eligible to apply for ENS visa subclass 186 or RSMS visa subclass 187 Temporary Residence Transition (TRT) stream.
Although the department has published extensive information about the changes on their website, certain changes were still unclear if certain circumstances were to occur.
1. I am currently holding a 457 visa but I want to change my employer
If you are holding a 457 visa and still has sufficient period of time on the visa, your new employer will need to become an approved business sponsor and lodge a TSS nomination for you.
Note that you do not need to lodge a new TSS visa unless your 457 visa is expiring.
2. My 457 visa is expiring, what do I do!?
If your 457 visa is expiring and you are changing employer, you must ensure that you can apply for a TSS visa, with an occupation in the new occupation list and meeting its caveats. Your sponsoring business must also have a current sponsorship and they must make a new TSS nomination application.
If you are NOT changing employer and your position and occupation within the company will remain the same, you can apply under a new TSS nomination for a new TSS visa.
3. I am currently holding a 457 visa, will my eligibility for ENS visa or RSMS visa for TRT stream be affected in the future because of the changes?
You will have access to the TRT transitional arrangements if:
a) You held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a TSS visa/related bridging visa at the time of TRT application, OR
b) You had applied for a subclass 457 visa on or before 18 April 2017 and was subsequently granted and continues to hold this visa or a TSS visa/related bridging visa at the time of TRT application.
4. What does the TRT transitional arrangements mean for me?
If 3 a) or b) mentioned above applies to you, you will be able to access the following grandfathering provisions under the TRT stream:
- If you continue to work with the same employer in the same position and occupation as approved for your subclass 457 visa or your new TSS visa, your eligibility for the 186 visa application or 187 visa application TRT stream will not be affected.
- The 2 years’ work requirement will remain the same i.e. you must have worked at least 2 years out of the previous 3 years in the same occupation and with your nominating employer, before the 187 visa application or 186 visa application is made.
- The occupation list requirements will not apply. This means even if your occupation had been removed from the skilled occupations list, you can still apply for TRT stream.
Please note that additional requirements may apply for 186 visa application or 187 visa application for Temporary Residence Transitional stream, and this includes English language requirements and salary arrangements.
5. I want to change my occupation what do I do?
There are two scenarios that can occur if you want to change your occupation.
Current 457 visa holder: If you currently hold a valid 457 visa, the sponsor will need to lodge a new TSS nomination for the new occupation. Your occupation must be on the appropriate skilled occupations list.
You do not need to lodge a new TSS visa unless your visa is expiring.
Current TSS visa holder: If you currently hold a TSS visa, your employer will need to lodge a new TSS nomination for the new occupation as well as lodge a new TSS visa application. Your occupation must be on the appropriate skilled occupations list.
6. The new occupation that I want to change (or be nominated for) is not on the appropriate list
If the new occupation that your employer wants to nominate you is not on the appropriate list, you cannot change occupation. Depending on your circumstances, you may not be able to apply for Temporary Residence Transitional stream, unless you remain employed in the same occupation with the same employer on your 457 visa.
7. If I change my occupation, will I still be eligible for the TRT under the grandfathering provisions?
Yes, you may be eligible as long as you have been approved a new nomination for the changed occupation (see questions 5 & 6) and have worked for 2 years.
8. I will be over 45 years old when I become eligible for TRT, will my age affect my eligibility to apply for the subclass 186 visa or subclass 187 visa?
If you held a subclass 457 visa, or had applied for a subclass 457 visa (and was subsequently granted) on or before 18 April 2017, you can still apply for the temporary residence transition stream if you are over 45 years old but less than 50 years old.
Exemptions may apply for medical practitioners, university lecturers, and people earning over the Fair Work High Income Threshold (currently AUD142,000).
9. Will I need to obtain a skills assessment for my occupation?
If you are applying for the 186 visa or 187 visa TRT stream you will generally not required to obtain a skills assessment for your occupation. However, the department may still request for this if they consider this to be necessary.
10. What is the ANZSCO 4-digit number rule?
The ANZSCO 4-digit number is extremely important when it comes to determining your eligibility for Temporary Residence Transitional stream.
Your occupation’s 4-digit ANZSCO code that you were originally nominated on MUST be the same as the 4-digit code for the occupation that you will be nominated on for TRT stream.
Summary of Transitional Arrangements for TRT
|Applicants||TRT stream requirements may apply|
|Applicant held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a TSS visa/related bridging visa at the time of TRT application||· The age requirements will remain at LESS than 50 years old unless you are exempt.
· The occupation list requirements WILL NOT apply.
· You MUST be employed by your sponsoring business and in the same occupation that you were nominated on, for at least 2 years on your 457 visa or TSS visa.
· had applied for a subclass 457 visa on or before 18 April 2017 and was subsequently granted, and
· continues to hold this visa or a TSS visa/related bridging visa at the time of TRT application
|All other applicants||The new requirements will apply for applicants applying for 186 visa or 187 visa TRT stream.|
How Can We Help
Agape Henry Crux (formally known as Crux Migration) can assess your eligibility and help you understand the processes and requirements involved. We can also assist with your application from start to finish, enhancing your 186 visa or 187 visa TRT application chances of success without the costly mistakes along the way.
You can book a consultation with one our Migration Specialists who will go through specific requirements with you and tailor your application in accordance with your and your employer’s circumstances.