Initially introduced in March 2018, ‘grandfathering’ provisions allowed Subclass 457 visa holders who held or had applied for a 457 visa as of 18 April 2017 to access the ENS program regardless of occupation list and with a higher age-cut off. The original provisions ended on 18 March 2022,

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.

• 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 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 (with unpaid leave, not counting).
• Meet the competent English skill level requirements.
• Meet the character and health requirements

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

These include some legacy 457 holders, who are ineligible to meet the age requirement under the subclass 186 visa in the Temporary Residence Transition stream

The measure implements the recommendation by the Joint Standing Committee on Migration through their inquiry into Australia’s skilled migration system. The prime Minister has provided authority for this measure through an exchange of letters.

Feel free to contact our Registered Migration Agents for more information.