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Age Restrictions Removed for 457 Visa Holders Applying for Permanent Residency

Skilled Temporary Work (subclass 457) visa holders rejoice! A new legislative instrument (LIN 22/047) that commences on 1 July 2022 will remove the age restrictions for ‘legacy 457 workers’ when they apply for the Employer Nomination Scheme (subclass 186) Temporary Residence Transition (TRT) stream. The 186 visa allows holders to live and work in Australia permanently.

Who is a ‘legacy 457 worker’?

This is a newly defined term in LIN 22/047 and refers to a person who, for a subclass 186 visa application:

  • Held a subclass 457 visa on or after 18 April 2017; and

  • Was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

Ok I am a ‘legacy 457 worker’, what do the changes mean for me?

It means that when you apply for the TRT stream of the 186 visa, you no longer need to be younger than 45 years old.

I understand, so how can I fulfill my dream of getting permanent residency?

We will be more than happy to assist you! Just get in touch with our friendly team via our website. Once you do that, sit back and relax as we guide you through the entire process of applying for the relevant visas!

I like reading, so what are the details of the legislative instruments?

The new legislative instrument referred to above is the Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022 (F2022L00515). It amends Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 (F2020C01075) to the effect that ‘legacy 457 workers’ are exempted from the age requirement when they apply for the TRT stream of the 186 visa.

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