What avenues are available for a 457 visa holder to apply for PR?
I work full time at a company that sponsored my visa and have completed one out of four years that it's valid for. My role is that of digital marketing and I do not fall under the ocupations list eligle to PR points. If I want to apply for PR (immediately or in another years time), what are my other options?
Hi there. If you currently hold a Temporary Work (Skilled) visa (subclass 457) – commonly known as a ‘457 visa’ – there are several ways in which you can apply for permanent residency in Australia.
1. Employer-sponsored pathway
You can apply for permanent residency via an Employer Nomination Scheme visa (ENS 186 visa) or Regional Sponsored Migration Scheme visa (RSMS 187 visa), either through the temporary transition scheme or the direct entry scheme.
The temporary transition scheme is an appropriate pathway if you hold a 457 visa and have been working for your sponsoring employer for at least 2 years (or at least 3 years if you lodged your 457 visa application after 18 April 2017). English language, health, character and age criteria must also be satisfied.
The direct entry scheme is available if you have worked for your sponsoring employer for less than 2 years. Your occupation must be listed as an eligible skilled occupation, you must have at least 3 years’ relevant work experience, and you must have a positive skills assessment in your nominated occupation. English language, health, character and age criteria also apply.
2. General skilled migration
Another pathway to permanent residency is by obtaining a permanent skilled migration visa. The most common type of visa in this category is a Skilled-Independent visa (subclass 189). This is a points-tested option that is available to skilled workers who are not sponsored by an employer or family member, and not nominated by a state or territory government. To apply, your occupation must be listed as an eligible skilled occupation, you must have a suitable skills assessment, and you must satisfy a points test. Age and English language criteria apply.
3. Partner visa
If you are married or in a de facto relationship (same or opposite sex), you may be able to apply for permanent residency if your spouse or de facto is an Australian citizen, permanent resident or an eligible New Zealand citizen. Partner visas are granted in two stages – first a provisional visa for 2 years then, after reassessment, a permanent visa may be available. The exact type of partner visa you are eligible for will depend on whether you are inside or outside Australia at the time of applying.
Suggested way forward
Australia’s migration system is very complex and constantly changing. The 457 visa was replaced with Temporary Skill Shortage visa in March 2018 and the rights of 457 visa holders have therefore been significantly affected. Your most appropriate pathway to permanent residency will depend on many factors. You should speak to an immigration lawyer who can best assess your situation and advise you on the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.