Visa & Immigration Update | 457 to PR Grandfathering Arrangements in Australia

As advised earlier this year, from March 2018 the eligibility criteria for Permanent Residence under the Employer Nomination Scheme will become stricter.

New requirements will include:

• Only occupations on the MLTSSL will be eligible with additional occupations available to support regional employers for the Regional Sponsored Migration Scheme
• The eligibility period will extended from 2 years to 3 years
• At least 3 years relevant work experience will be required
• All applicants (under both the Temporary Residence Transition Stream and Direct Entry Stream) must be under the maximum age requirement of 45 at the time of application, unless exempt
• Payment of Skilling Australians Fund Levy at nomination stage

However, in positive news the DIBP have confirmed grandfathering arrangements for PR applications under the Employer Nomination Scheme for those that held a subclass 457 visa (or had applied) as at 18 April 2017.

Subclass 457 visa holders (or applicants) as at 18 April 2017 will be exempt from the following requirements (which will come into effect in March 2018) under the Temporary Residence Transition stream:

• Requirement to be under 45 years of age at time of application (ie. current age requirement of under 50 years of age at time of application will apply) 
• The eligibility period of 3 years (ie. current 2 year requirement will apply) 
• 3 years relevant work experience

Australian Citizenship

Following the removal of the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 from Government business, the Department has now updated the information on its website removing the criteria that the Bill was proposing.

However, Minister Dutton is going forward with plans to reintroduce an amended version of the Bill, with a proposed introduction date of 1 July 2018.  The English language test will be amended to a 'modest' level of English. If the legislation is successfully passed, changes to the criteria will take effect from 1 July 2018.

This means that Citizenship applications made before 1 July 2018 will be assessed against the eligibility criteria current at the time of application.

SIRVA Immigration can assist you with your citizenship application prior to any changes being implemented.

Disclaimer: The information provided herein is of a general nature only and does not constitute legal advice. For more detailed and case specific information or advice, please contact the visa team at SIRVA Relocation on or visainbox@sirva.com.au

[Maria Hrambanis LLB BCom, Manager - Visa & Immigration (MARN 1067049)]