The new instrument, Departmental reference LIN 22/047, is made under paragraph 186.221(b) of Schedule 2 to the Migration Regulations 1994 (the Regulations). The legacy 457 worker defined as  a person who: (a) held a subclass 457 visa on or after 18 April 2017; and (b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021. The purpose of the instrument is to amend LIN 19/216 to specify certain legacy 457 workers as an additional class of persons for paragraph 186.221(b) of Schedule 2 to the Regulations. This will exempt them from the age requirement for the subclass 186 visa in the TRT stream. More subclass 457 visa holders will be eligible for permanent residence in Australia from 1 July 2022. Migration (Age Exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022, dated 31 March 2022, amends the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 to specify certain legacy 457 workers as an additional class of persons to be exempted from the age requirement, where an applicant must be under 45 years of age at the time of application for a subclass 186 visa in the TRT stream. The instrument specifies legacy 457 workers as an additional cohort, which will be exempted from meeting age requirements at the time of application of subclass 186 visa. This means this cohort is not required to be less than 45 years old at time of application for a subclass 186 visa in the TRT stream.  Also, this provision will provide access to permanent residence for more subclass 457 visa holders from 1 July 2022. The instrument defines Legacy 457 worker as a person who, for a subclass 186 visa application:

• 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.

The instrument is registered on the Federal Register of Legislation on 4 April 2022 and will commence on 1 July 2022. To access the instrument, click here.