Update of Regulation 5.19 – Grandfathered subclass 457/TSS visas

DOHA has updated Regulation 5.19 with instructions to address transitional arrangements for 457/TSS visa holders

Further to various enquires to MIA and the Department and discussions as to whether TRT applications can be lodged on the last day of validity of grandfathered two year Subclass 457/TSS visas, the Department has updated the Regulation.

The Procedural Instructions have been updated at Regulation 5.19 with the following instruction to address transitional arrangements for these visa holders:

4.3.20 Transitional arrangements - in place from 18 March 2018 to march 2022

Decision-makers are reminded that the Government has provided transitional arrangements for certain cohorts of clients who held or had applied for a subclass 457 visa on 18 April 2017 which was subsequently granted. These arrangements are relevant to the TRT stream only.

Where a nomination is lodged on or after 18 March 2018, and at any time until 18 March 2022, in relation to a client in this cohort, standard nomination requirements in place as of 18 March 2018 must be met with the exception that:

  • occupation list requirements will not apply; and
  • the minimum period an applicant is required to have been employed in their nominated occupation/position as the holder of a subclass 457 or TSS visa will remain at two years. However, decision makers can accept 23 months as having satisfied this requirement. This is to prevent inefficiencies resulting from the 457 visa expiring a few days short of applicants meeting the two-year work requirement, necessitating obtaining a further TSS visa to complete the two years of time worked.

While this update to the PI will be loaded to Legend on 18 August 2019, the visa processing network have been advised that this can be applied with immediate effect. Associated legislative change to Regulation 5.19 will be updated in due course.

* Thanks to MIA member Rick Gunn for being the first to get a response from the Department on this issue and sharing it with members.

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