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  • Writer's pictureAndrew Heathcote


The Australian Government announced on 25 November 2021 that measures will be introduced to improve access to permanent residence for certain temporary skilled visa holders.

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

This new legislation responds to the strong labour demand and the declining number of temporary visa holders due to the COVID-19 pandemic.

Some legacy 457 holders, who were previously ineligible to meet the age requirement under the subclass 186 visa in the Temporary Residence Transition stream may now have an opportunity to obtain permanent residence.

The newly defined legacy 457 visa holder is a person:

  • 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.

Under the new legislative instrument, the newly defined legacy 457 visa holders are not required to be less than 45 years old at the time of application for the subclass 186 permanent residence visa in the Temporary Residence Transition (TRT) stream.

But they are still required to meet all other subclasses 186 TRT visa requirements, including:

  • Working with the same employer in the position to which the 457 were granted for at least 2 of the previous 3 years immediately before the nomination application was lodged.

  • Meet the competent English skill level requirements.

  • Meet the character and health requirements

If you believe the above concessions apply to you please contact us for an assessment of your case.


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