Introduction

On 31 March 2022, the Minister announced that a new legislative instrument will take effect on 1 July 2022 which will remove the age restrictions for newly defined legacy 457 workers.

Who is a ‘legacy 457’ worker under the new definition?

The recently announced instrument provides a new definition for legacy 457 workers as meaning 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.

Is there an age limit for legacy 457 workers?

Amendments under the new instrument will be made under Schedule 2 of the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 to enable the inclusion of the specified legacy 457 workers as being exempt from the age requirement for the subclass 186 visa in the TRT stream.

Legacy 457 workers are therefore not required to be less than 45 years old at the time of application for a subclass 186 visa in the TRT stream.

Employer Nomination Scheme (ENS) visas, or subclass 186 visas, are permanent residency visas for skilled workers. They are available both to applicants who are already living and working in Australia as temporary residents, and to those living outside Australia.

186 visas: Age cap lifts for legacy 457 visa holders from 1 July 2022; further 482 visa applications in the Short-term stream

The likely final amendment to pathways to permanent visas for subclass 457 – Temporary Work (Skilled) visa and subclass 482 – Temporary Skill Shortage visa holders were made this week. The age cap for some 457 visa holders have been abolished altogether and 482 visa holders in the Short-term stream who were in Australia when borders were shut can apply for a further 482 visa under this stream without needing to leave Australia.

Age cap lifts for legacy 457 visa holders, but only for 186 visas in TRT stream

The previously announced lifting of the age cap for legacy 457 visa holders has come to fruition.

A new instrument registered 4 April 2022 but commencing 1 July 2022 inserts a new definition of legacy 457 worker, which is a person who 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.

This definition will be inserted into the instrument that exempts an age requirement for a subclass 186 – Employer Nomination Scheme visa under the Temporary Residence Transition stream only.

Why the subclass 187 – Regional Sponsored Migration Scheme visa under the Temporary Residence Transition stream was omitted is hard to understand.

Who is eligible under the new arrangements?

To be eligible to apply for the third TSS visa you must:

• Have been in Australia as the holder of a TSS visa in the short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
• Make the further application before 1 July 2023 (unless the Minister specifies a later date).

Parish Patience is here to assist if you wish to live and work in Australia as a skilled immigrant and need professional advice. With more than ten years of experience in the field of education and migration consulting, we offer complete solutions to the candidates and support them during the entire procedure.

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