Subclass 186 - Understanding the Transitional Arrangements

In April 2017, the Government announced a series of significant changes to the permanent employer sponsored visa program, including the occupations lists. These changes are now in full effect from 18th March 2018.

Under the Employer Nomination Scheme there are now restricted pathways for permanent residency for applicant. Only applicants with an occupation on the Medium to Long Term Strategic Skills List (MLTSSL) have a pathway under the Temporary Residence Transition Stream or Direct Entry Stream, with the exception of transitional arrangements introduced by the Government.

Transitional Arrangements

The Government has provided transitional arrangements for applicants who held or had applied for a subclass 457 visa on 18 April 2017 which was subsequently granted. These arrangements are relevant to the TRT stream only.

The standard nomination requirements must be met with the exception that:

• occupation list requirements will not apply; and

• the minimum period an applicant is required to have been employed in their nominated occupation/position as the holder of a subclass 457 or TSS visa will remain at two years.

Under the transitional arrangements the previous age requirement of applicants under 50 will apply.

Access to the above transitional arrangements is not dependent on the applicant continuing to hold the same subclass 457 visa that enabled them to access these arrangements or working for the same employer. As long as they are able to meet the other requirements of the TRT stream, they can have since been granted subsequent subclass 457/TSS visa and/or been re-nominated by a different employer.

To understand your options for permanent residency, contact SCA Connect today to arrange a consultation.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.