457 to 186 Permanent Visa Pathway – Where is it at?

457 to 186 Permanent Visa Pathway

Changes to 457 to 186 permanent visa pathway from April 2017 to March 2018 have continued as planned by the Australian government.

However, a number of important questions are yet to be resolved.

One issue creating confusion is eligibility for existing 457 visa holders and applicants to transition to permanent residency.

Questions remain as to who remains eligible and when is the effective cut off date for eligibility.

Confusion surrounding 457 to 186 permanent visa pathway caused many applicants to withdraw applications or employers to cancel hiring plans.

For some, this may have been premature. So called ‘grandfathering provisions’ allow for a transition period.

Grandfathering, for those readers unaware of the phrase, refers to a transition period where the old rules remain in force whilst new rules apply to future cases from a set date.

In the 457 to 186 permanent visa pathway legislative change, it remains unclear as to when an absolute cut off date for the grandfathering will be.

Genuine Position Writing Service – ENS, RSMS, 457 Nominations

The planned March 2018 abolition of 457 visa, to be replaced by short term strategic and long term visas will certainly see the restriction of permanent visa pathway for many applicants, but the details on this are yet to be fully released as well.

During this transition period, existing 457 visa holders and applicants may still be eligible up until March 2018, however this is likely to impact 457 visa holders who have changed nominating employers.

As the reader can see, the only certainty in all this is the lack of certainty.

To reduce risk of refusal in nomination and visa application under the transition stream of 457 to 186 permanent visa pathway, is essential to ensure your representative reviews regulation and legislative instruments at the time of lodging.

Where greater uncertainty exists, it is also advisable to seek Departmental guidance through the agents portal. Consult your representative or contact us if you require assistance.

 

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About the Author:

Paul Sadler is a prominent Sydney based migration law expert. Paul possesses wide ranging experience across a number of visa categories with specialisation in employer sponsored, business skills and complex migration. Paul is highly accomplished in such complex migration cases as waiver requests, responses to notice of intention to consider cancellation, visa cancellation revocation requests, application for release from immigration detention and PIC 4020 appeals, both at Departmental level and the Administrative Appeals Tribunal (AAT). Paul is also fluent in Mandarin and Indonesian. MARN 1382089.
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