ENS/RSMS Transitional Arrangements - March 2018 - Clarified!

The migration industry took a collective sigh of relief today as the DIBP released further information clarifying transitional arrangements that will exist to those who held or had applied for a Subclass 457 Visa prior to the announcements made in April 2017. The transitional arrangements relate specifically to those who will be looking to apply through the Temporary Transition Stream of the Subclass 186 or Subclass 187 visa after March 2018, otherwise known as applying for permanent residency.

Accordingly, we can now confirm the following in relation to those applying through the Transition Stream of either the ENS 186 or RSMS 187 visa after March 2018:

1. The qualifying period to have held a 457 visa and worked for your employer will remain at 2 years. This suggests that the requirement to work for your employer for 3 years on a 457 visa will only apply to those who applied for their 457 visa after the April 2017 announcements. 
2. There will be no requirement that you have 3 years experience in your occupation. The requirement will remain that you have worked for your employer in your position for at least 2 years as mentioned above.
3. There is no need for your occupation to be on either of the occupation lists. You will simply need to be renominated under the same occupation as your current 457 visa (as is the case currently with any TRT application).
4. The age limit will remain at 50
5. The English language requirement still remains at needing to show 'competent English' which came into effect in July 2017. However, please refer to our blog here on how you may meet the requirements without needing to sit an English test. 

Importantly, the above is in relation to those looking to apply for the ENS or RSMS through the TRT stream after March 2018. Anyone looking to apply before March 2018 will apply under the existing rules and requirements, which effectively mirror the transitional arrangements mentioned above. 

What We Still Don't Know

Although the DIBP announcement has provided clarity in some key areas, there are still some things we do not yet have clarification on. These being:

1. For those that applied and were granted an 18 month 457 visa prior April 2017, how these transitional arrangements will affect their eligibility through the TRT stream given they may have, or will need to, renew the 457 visa in order to meet either the 2 or 3 year requirement.
2. Whether those who had held or had applied for a 457 visa prior to April 2017, but then renewed their 457 after April 2017, will be eligible to apply under these transitional arrangements.
3. Whether those who had held of had applied for a 457 visa prior to April 2017, but have since transferred their 457 to another employer and will need to renew their 457 visa in order to meet the 2 year requirement with that employer, will be eligible to apply under these transitional arrangements.
4. Whether those who applied for a 457 Nomination, but not a 457 Visa, prior to the April announcements will be eligible to apply under these transitional arrangements.

If you have questions that need answering, we encourage you to join our private Facebook Group here. Our team will do our absolute best to respond to your enquiries, free of charge, as quickly as we can. 

Otherwise, if you have already worked for your current 457 sponsor for at least 2 years and are looking to apply for your permanent residency, please contact us online here and we will respond within 24 hours.

Salvo Migration