ProudmuminUK

Thanks again Raul - it's 3am where I am now, and I can't sleep as my brain is buzzing! Regarding your 'well researched and presented written submission' for any grey areas...I've been thinking about a comparable scenario, and I found that in the last few years Immigration had amended the 'stop the clock' scenario; ie the visa holder would no longer lose the years already accrued which would enable an employee to progress to the 186 transition visa without having to build up 2 years again. See below an extract from a web article. So my thoughts are; if immigration had already amended a 'grey area' that affected a 457 visa holder due to business restructuring it could be argued that the current 'grey area' also penalises the existing 457 visa holder for the exact same reason ie because of the business restructuring the existing visa holder is penalised - this time due to new caveats that weren't in place at the time of original approval. It could also be further argued that the visa holder (with sufficient years) could reasonably expect to submit an application for a 186 transition visa which is currently exempted from those same caveats - presumably exempted as it's recognised that existing 457 holders may not meet the caveat criteria. I'm really sorry to harp on about this, but my brain will not stop working on this, so apologies if the above doesn't read well...but does it sort of make sense?!! I did email my son in law with your details, but I haven't heard from him today/yesterday, so not sure whether he's read it. Thanks again for your responses.... and sorry if I'm asking too much, it's just the way I am when I think there's a problem to address, I don't give up fact finding! Extract from website: In a rare piece of good news, 457 visa holders caught in a transfer of business scenario can be comforted in the knowledge that the Department of Immigration and Border Protection (DIBP) has changed its transfer of business policy for the better. From mid last year, where the sponsor employer has restructured the business or sold the business or created a new legal entity, AND the 457 worker has continued to work in exactly the same position, performing the same duties in the same location, with the same working conditions, and/or the same management and/or the same business name under a new legal entity, the two years will continue to accrue and not be interrupted. In other words you no longer have to reset the clock to zero.

Raul, do immigration agents ever get to speak to the case officers to explain the situation / context so that pragmatism can be applied or is it purely a black and white decision? Many thanks

Thank you for your responses Lou and Raul... Checking the email that was sent to my son in law from the agent it seems they have submitted a 'nomination transfer application' which suggests - I think - that it is more than a simple name change (I could be wrong?!). It further states that they were clear in the application that is was only being submitted due to a company restructure. The email doesn't state that they have been specifically asked for confirmation regarding the new caveats, but it looks like they are pre-empting that request... unfortunately as I mentioned earlier, my son in law falls foul of one of the caveats. What seems unfair on the face of this, is that due to a business change outside of his control he may be penalised by the recent changes for the remaining 6 months he has left on his 457 visa - affecting his steps towards PR. If that business change hadn't happened, his 186 application would be based on the transition criteria (ie without the caveats in place) currently in place until March 2018. Raul - I totally understand this is complex, and believe me has been going on for a month of Sundays due to a lack of focus from the HR and Migration teams and 'waiting to see what the changes would be' I will mention you to my son in law, he may well want to seek an independent assessment. Many thanks

Hi all This is a pretty urgent query, and I would really appreciate a prompt response. My son-in law's 186 transition visa is almost ready to be submitted. But before that can be sent to immigration his current 457 visa needs to be updated due to a change in trading name by his company due to a restructuring - so the sponsorship needs to be transferred to the new trading name. Nothing has changed regarding his job or terms and conditions or even the public face of the company - and he has been on the same 457 since 2014. In today's current climate, is this transfer of sponsorship to the new trading name affected by the new rules and regulations for the 457 visa? The reason I'm asking is because my son in law's position is affected by the new caveats for 457 and 186 Direct entry visas (not at this moment transition 186) so will immigration use these caveats to reject this application for sponsorship transfer? Or, is the transfer based on the old rules that originally approved his 457 visa back in 2014 ...i.e a sort of grandfathering situation? If it is affected by those new caveats, the sponsorship will almost certainly be refused, leaving my son-in-law, daughter and baby in a situation where they will have to leave Australia early next year, without any hope for applying for the 186. If it isn't affected by those caveats the sponsorship should hopefully be a paper exercise, and then the submission for the 186 transition visa can be made (before March 2018) As it stands now, his company has basically told my son-in-law that it's come to the end of the road because the agent has advised the transfer of sponsorship will be rejected; which after 5 years in the country is a pretty hard blow for a young family. (Yes I hear all those who are shouting 'it's only a temporary visa!!!') Their current agent is not being very clear in their advice, and tbh after over a year of delays etc, a second or even third opinion would be very welcomed indeed.... if it's clear that the advice they're being given is wrong then clearly a change of agent will need to happen pretty quickly! Thanks for reading,

Hi Unregistered, I've just been reading all the posts to your problem with interest.... I'm so happy to read your latest update, seems like things are coming together for you now, which must be a huge relief for you both. My daughter is having her baby at the RPA (she is due end of Oct) and she has received brilliant support from the midwives there...like you, she isn't a Permanent Resident yet, but the attention and care are second to none, and fully funded via UK reciprocal system. I'm really glad your partner's parents are being supportive of you, seems like they're taking the news in their stride, and are probably really excited about their future grandchild! My only teeny concern - and I can't speak for your mum obviously - but I would have hated to have found out about my grandchild after the birth.... now that you are settled, and have got support, the baby is growing well and you're registered at a great hospital, you have money coming in plus baby stuff, wouldn't now be a good time to break the news to her? You can reassure her that everything is stable and secure in terms of your relationship and support network, so that she doesn't need to stress... perhaps send her photos of the cot/pram etc or nursery if you've prepared one? It will give her a little time to come to terms with the idea of a baby... she would probably love to share your pregnancy with you (once she's got over the shock!!) I know I love getting little updates on my ipad about her midwife appt etc, and photos of my daughter's bump (I've even seen baby kicking over skype!) pics of scans etc; it's definitely a time for bonding with your mum even if it is on skype, she will feel involved if you ask her bits of advice or 'did you have morning sickness, swollen ankles etc....'. Whatever you choose to do will be the right decision, I just wanted to share my current situation as I'm in the UK, but I wouldn't ever have wanted to miss my daughter's pregnancy, I have loved having this time with her, even from 12k miles away... Wishing you every happiness, it really will all work out x

Thanks SOMV...seems it wasn't anything to do with SIL, it's just the way the company deals with their internal problems...sack an employee rather than looking at underlying causes. Sadly they did dismiss another manager in NSW the same week. There is definitely something wrong with the way employers treat those on 457 visas....there's a lot on the Internet. I don't want to hi jack Heather's post, just wanted to offer some support. Heather, even if you get your employer to keep you on until such time you secure your other visa, you might at least continue to get paid, and then leave on your own terms ( whilst sticking up two fingers!!)

Heather, I'm not an agent, but my daughter and son in law in a similar situation last week...I posted a week or so ago. I actually flew over as I was worried about the pregnancy (obviously this isn't similar to you!) anyway, there was a clear cut case of constructive dismissal and long story short, the company realised that we'd done our homework, and in short, they have kept my son in law on albeit in a different location but on all same t&c's and he has it in writing that they will continue to support him to PR, and they have retracted any reference to performance management. Google 457, harsh, unfair and unreasonable for starters, as there's a few cases that might help you discuss a compromise with your employer... I truly hope you get sorted out, it's an awful situation to be in - seeing it first hand in the last few days, I can imagine the stress you're feeling right now. I've just got back to the Uk today, knowing my daughter's blood pressure is now back to acceptable levels, and my son in law is still in work, with a little more security for now. Good luck x

Thanks again SOMV - very much appreciate your time in responding to me. I haven't heard much from them today as son in law was working late (again) but this is definitely the best / most straightforward course of action...in the first instance. Another possible option is through my daughter's company which is Australasia and SA wide. Her company gave her a 'baby shower' today as she leaves next week, and she spoke with the CEO (who actually came to see her) about the situation, and the CEO spoke to their HR straight away to see if she could be sponsored, but how that would work I'm not sure, but I've found out online if it's a 457 for instance which takes around 3 months to process she has another 90 days grace to actually start the job, so conceivably baby could be around 6-7 months or more before she had to start back to work.... what I'm not sure is what rights that would give my son in law to continue working in the interim if he did lose his job, as they need to pay rent/bills etc. Would they both be put on a bridging visa (once her 457 was submitted) with working rights if his own 457 was eventually cancelled (if he didn't find work in the 90 days)? Sorry but my brain is in overload thinking of options, then there's the 186 Direct Entry route, but that has even more hurdles I think (although PR is obviously the preferred outcome!) Re Grandson... thank you for asking! Yes I am going over in November, flights are booked.... my first grandchild, so I'm very excited.... but now with all this, worrying like mad.... Thanks and kind regards Mum

Thank you for your response SOMV, it only dawned on me earlier that in around 4 weeks they could have zero income just as the baby is due. All their savings have gone into the 186 application, and on baby equipment etc.. You mentioned an agent may be able to advise simpler ways of getting another 457 role any ideas what that would be? Job sites don't seem to give much away about whether companies would be willing to sponsor! I have been researching unfair dismissal and harsh, unfair and unreasonable 457 online and there seems to be a few case histories where being dismissed whilst on a 457 visa has been deemed harsh and/or unfair...and other papers presented to government etc outlining a change to the employment law to protect those on that visa. It seems strange to me that he's worked there 3 years (WHV/457) and very recently been given the go ahead by the company to be sponsored for 186, with HR submitting relevant docs as recently as a few days ago.... Surely that's proof in itself that the company are more than happy with him as an employee (apart from the Ops Mgr) So he certainly wasn't about to mess that up by underachieving! I'm wondering whether he needs to sit down with HR and discuss all this?

Please can an agent provide any advice for the following situation? Married UK couple living in Sydney. 2+ years into 457 visa, Company agreed to 186 Transition. De facto (wife) is 8 months pregnant Agent advises today that Nomination is ready for submission Company advises today that husband is being put on performance management and will be dismissed in 4 weeks if he can't achieve the new targets which have now been set for him and are I'm told, impossible to meet (the metrics are wrong) Strong grounds for unfair dismissal (company has a history of this with other employees, including their last HR Manager who won her case...and husband has managed to keep his head down and worked 3 years of employment without issue until now). 'Underperformance' has only been flagged up in last 3-4 weeks, never been a problem before, and in fact husband got a $500 bonus for last month's targets. New Ops manager seems to be making things personal with husband - apparently he doesn't seem as 'engaged' as the other managers - whatever that means? Husband is working longer hours - around 10hrs a day at present. Meeting with Ops Mgr today to advise on the performance management/4weeks situation - no HR present. Husband not asked if he wanted someone to sit in with him. Husband doesn't think Ops Mgr knows of their personal situation or the imminent visa application which HR has been involved in re Nomination collateral etc. De facto leaves her work in a week's time for unpaid maternity leave and no parental paid leave as she's on Temp Visa (she started her new job the week she found she was pregnant) Company will keep her position open as they want her back, and are keen to promote her upon her return. A young married pregnant couple who have made their life in Sydney for past 3.5 years...done everything by the book, and looking forward to their baby They really don't know what options are open to them in this situation, please any advice would be so welcome at the moment.... Speaking with wife (my daughter) earlier, they are both at their wit's end, don't know which way to turn right now. Many thanks Worried mum

My daughter and her fiancé came back to UK to get married last October. The local Register Office was adamant that they had to be in the country 15 days before the ceremony, which was impossible due to work commitments in Sydney. So we checked out with the local vicar, and tbh the Church of England were brilliant. I'm not church going whatsover, but they couldn't have been more accommodating. The vicar subscribed to Skype so she could speak to the pair about their wedding, and sorted out a Special Licence with the Archbishop which negated the need for Banns to be read... When K&J arrived back in the UK a week before the wedding day, they met with Sue, and because the ice had already been broken through their chats on Skype it was like meeting up with an old friend...music, readings etc had all been sorted out already, so it just left the rehearsal. They received the special licence too, which turned out to be a beautiful document worth framing! The other plus side is the wonder of Internet, K sorted out all her flowers, makeup, hair etc etc by contacting and speaking with contacts online....she even ordered all the bridesmaid dresses after seeing the one she liked, sending her best friend to try it on, then ordering them all online. They relied on me and OH to attend the wedding breakfast Taster meal, and we sent them photos of the empty plates after we'd finished eating! They contacted Emirates before they flew, and her dress was booked into Business Class, and had its own hanging space. The hostesses even drew a Congratulations card which was signed by the crew! Little touches go a long way! So, yes it was very strange at times organising a wedding with K&J overseas, they both managed it exactly how they wanted it, and I did some running around on their behalf... In the end it was a fabulous day attended by family and friends who would never have been able to witness their wedding if it'd been done any other way....

I'm not far from St Ives... Perhaps I'll give the blanket a go....it will certainly astound my daughter that I made something by my own hands! Thanks again for all your replies, I've done some research and sent a few links to D and SIL, all they've got to do is 'test-drive' a few!

Thank you Quoll.... I'm not sure my knitting skills are up to anything more that a holey scarf! Seems like we're not a million miles away from each other if you're in Cambridge UK... are your grandchildren in Australia? I'm not sure how I'll feel the day I leave Sydney after spending two weeks with the newborn....something I'll need a stiff upper lip for I suspect.

Thank you all for your replies (and photographs :-) ) I will follow up on the links provided - and thank you for the tip to buy in NZ! I think the brief is to have a model that is lightweight, manageable for one person/one hand, and can be used in the car.... it's all very high tech these days compared to the Maclaren folding pushchair I had back in the 80s! I hope you don't mind if I post more questions in the near future re baby .... I follow the Pomsinoz forum avidly as, strange as it might seem, the posts around migration and living in Australia helps me to understand the difficulties that my pair may encounter, and helps me see things from different perspectives - and I've surprised them a number of times with my knowledge about visas! :hug:

My daughter and son-in-law are expecting their first child (and my first grandchild!) in early November. At the moment they haven't been looking into baby equipment such as strollers, cots etc... but very soon I'm sure they will become obsessed with buying for the baby! I have offered to buy the pram - or stroller - for them. I live in the UK and not sure what the best brands are in Australia to look out for... in the UK it used to be traditionally Silver Cross for instance... I'm keen to start looking on the internet but not sure what brands to focus on, I will then report back to the parents-to-be so they can go and check them out. My daughter is happy for me to start the search, it's her way to include me as I'm so faraway - so I'm not being 'pushy mum'!! If anyone can advise, I'd be very grateful... I'm very excited about the new baby, and have already booked my plane ticket! Thank you!