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THE TRANSITION TO AUSTRALIAN PERMANENT
residence is popular for temporary 457 visa holders. The most
common route is under the Temporary Residence Transition
Scheme (two-year pathway) or the Employer Nomination Scheme
(ENS) visa (subclass 186).
Applicants must show that they have been employed in
their approved occupation – with their employer as a 457 visa
holder – for a period of at least two years in the three-year period
immediately before submitting the application.
Although businesses are under no obligation to offer assistance
with permanent residence applications, under the ENS, most
sponsoring employers will be asked to support an application.
Eighty per cent of these employees will hold a 457 visa.
For people who have never, or only briefly, worked in Australia
on a 457 visa, one option is the direct entry stream, which is
available to applicants who either:
• Have had their skills assessed as suitable and have been employed
in their nominated occupation for at least three years; or
• A re exempt from the skill requirement because they are classified
under some limited occupations, or their nominated earnings
will be at least equivalent to the current ATO top high individual
income tax rate of $180,000 per annum.
Further considerations to being eligible for permanent residence:
• How old is too old? After the age of 50, eligibility becomes
difficult. Exemptions are available for individuals who hold a 457
visa, have worked for their nominating employer for at least four
years prior to the visa application, and have been paid at least
the corresponding Fair Work High Income Threshold for each
of those four years (this is currently $136,700). There are also
limited exemptions for certain occupations.
• Health waivers: Early assessment is important, given that
health waivers are only available for applicants under the
• Who pays? Unlike the 457 program, there is no obligation
for the employer to cover the fees, so this will depend on an
organisation’s policy. It is not uncommon to see claw-back
provisions or written agreements for a reimbursement in the event
an employee ceases employment within a period of being granted
permanent residence. Both the applicant and the employer will,
however, need to make a formal declaration that they have
not paid or received a ‘benefit’ in return for the sponsorship
opportunity. Seek taxation advice if the employer is to cover the
fees, as it could be subject to fringe benefits tax.
• Is the employer the sponsor? Flexibility with the 457 program
allows 457 holders to be employed by an associated entity of a
sponsor. This is beneficial as it saves costs and paperwork, and
avoids multiple sponsorships for each entity. Permanent residence
applications require copious paperwork for both parties, expense,
and can currently take as long as fou r to six months to process.
From temporary visa to permanent
residency: what you need to know.
BY LILLIAN AJURIA, AJURIA LAWYERS
Get the facts on labour market testing for Subclass 457 visas.
Or freely access HR resources on AHRI:ASSIST by visiting:
“IT IS NOT UNCOMMON TO SEE
CLAW-BACK PROVISIONS FOR
REIMBURSEMENT IN THE EVENT AN
EMPLOYEE CEASES EMPLOYMENT
WITHIN A PERIOD OF BEING
GRANTED PERMANENT RESIDENCE.”
In Australia a stroke occurs every 10 minutes across people of all
ages... and the impacts last a lifetime. One-third of stroke survivors
are of working age. But did you know stroke can be prevented?
The Stroke Foundation has passionate volunteer StrokeSafe Speakers available to present to
workplaces and community groups. Many have personal experience with stroke and are willing
to share their challenging yet inspirational journey.
Your group will learn:
• What stroke is and how to recognise the signs of stroke
• What to do if someone is having a stroke
• How to prevent stroke in you or the people you love
Make a StrokeSafe presentation a part of your
staff health and wellness program.
To find out if there is speaker in your area
What people say
about StrokeSafe talks
“The talk was incredible, totally captivating. To
have her story shared first hand was both an
inspiration and an eye-opener. It really got us all
thinking and talking about the way we look after
ourselves. And we’ve changed! Thank you so
much for organising this for us, it’s had a huge
and very important impact on each and every
one of us.”
“This has been one of the best
information nights our club has
had for many years.”
17/05/2016 1:44 PM
19/08/2016 2:31 pm
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