Legal Research

Definition of an Associated Entity, useful for 457 employees to work out if they can work for the associate entity to meet condition 8107.

Court Case discussing student Work Rights (condition 8105) during an appeal process, assuming deferral or termination of the course. Note, only possible if no 8202 condition (must be enrolled), so mostly applies to a BVA holder. Kaur v Minister for Immigration and Border Protection [2016] FCA 1581 (22 December 2016).

Self Cancellation (not advisable without face to face consultation to understand ramifications) is under Regulation 2.43(1)(g).

Transitional arrangements for former 457 holders. As long as the applicant lodged before 18th of April 2017, then they are eligible for transitional arrangements regardless of when their visa was granted, and potentially regardless if they still hold a 457. These transitional arrangements expire March 18 2022.

The main principle benefits of the transitional arrangements are:

  • occupation list requirements will not apply (the occupation does not have to be on MLTSSL for the purposes of a 186 visa)
  • 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 is 2 years.