• Insights

Transitional Arrangements to Apply to Certain Subclass 457 Visa Holders Applying for Permanent Residence from March 2018

November 15, 2017

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Executive Summary

Australia’s Department of Immigration and Border Protection has announced transitional arrangements of subclass 457 visa holders applying for permanent residence under the Temporary Residence Transition stream of the Employer Nomination Scheme or Regional Sponsored Migration Scheme from March 2018.


The situation

The Department of Immigration and Border Protection (the Department) has updated its fact sheet on the planned reforms to the permanent employer sponsored migration program to include changes to the proposed transitional arrangements for certain Subclass 457 visa holders applying for permanent residence.

A closer look

These changes will have an impact on the eligibility of applicants who lodge their applications from March 2018 under the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS).

Requirements for certain Subclass 457 visa holders

The updated fact sheet now states that from March 2018, foreign nationals who held, or had applied for, a Subclass 457 visa as at April 18, 2017 will be able to access certain existing provisions under the TRT stream as follows:

  • Occupation requirements remain the same (i.e. There are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa);
  • The age requirement will remain at less than 50 years of age; and
  • The work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years.
     

Training levy requirement

Any ENS or RSMS nomination made using these transitional arrangements will be required to meet the following new training levy which will replace the current training benchmark requirements:

  • Businesses with turnover of less than AUD 10 million per year will be required to make a one-off payment of AUD 3,000 for each employee being sponsored for an ENS or RSMS visa;
  • Businesses with turnover of AUD 10 million or more per year will be required to make an upfront payment of AUD 5,000 for each employee being sponsored for an ENS or RSMS visa.
     

What this means for employees

The proposed transitional arrangements will benefit employees between 45 and 49 years old who held, or had applied for, a Subclass 457 visa as at April 18, 2017. These employees will continue to have an eligibility pathway for ENS or RSMS under the TRT stream post March 2018. However, they will likely be subject to the new training levy framework.

It is still unclear whether the existing age exemptions for applicants aged 50 and over under the current ENS and RSMS will be extended to Subclass 457 visa holders post March 2018.

Fragomen is closely monitoring the release of information and will provide further updates once available.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

MARN 0004980

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 10, 2026 | 🌐Minimum Salary Changes Announced
June 10, 2026 | Saudi ArabiaArabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal
June 10, 2026 | Costa RicaCosta Rica: Special Permit for Colombian, Cuban, Nicaraguan and Venezuelan Nationals Introduced
June 10, 2026 | EstoniaEstonia: Significant Immigration Reforms Increase Foreign Worker Employment Flexibility
June 10, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 10, 2026 | 🌐Minimum Salary Changes Announced
June 10, 2026 | Saudi ArabiaArabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal
June 10, 2026 | Costa RicaCosta Rica: Special Permit for Colombian, Cuban, Nicaraguan and Venezuelan Nationals Introduced
June 10, 2026 | EstoniaEstonia: Significant Immigration Reforms Increase Foreign Worker Employment Flexibility
June 10, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 10, 2026 | 🌐Minimum Salary Changes Announced
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.