newtothis

was just pointing out its another option, and for those without children (having to deal with school fees etc) its a great way in to Australia.

Thankfully for us we have resolved all our worries and visa issues and will be lodging for our 186 soon.

As long as people see the issues it can bring and understand how the visa works it can still be a good option via the sponsorship route.

different visa but you could always find a sponsor as a chef, there are many available. the 457 is a nightmare to be on and not always secure, but its an option

thanks for the replies, hubby has resigned for many reasons. We have other options lined up but obviously the visa process takes time

hi all, my husband is leaving his job and obviously working elsewhere breaches visa conditions on a 457 visa between jobs, but is it possible to get this condition removed from the visa in cases of financial hardship? is there a bridging visa or any option that allows work during a job transfer to a new company?

My husband hasnt left his job yet but his final day is looming and financially, losing his salary for a while is very worrying.

help appreciated

thanks

If you can apply for a PR visa rather than a sponsorship that is certainly a better option for security.

My hubby is a chef and we are on a 4 year 457 visa from the UK. This was our only route in to Australia at the time and ultimately we would like to stay here and move forward with the PR visa.

The 457 visa is far from secure though, and for us, and due to a big company restructure, we are currently looking for a new sponsor and hubby has handed his notice in. very scary times. However, there are lots of 457 chef sponsorship jobs out there. Or skill assessment with vetassess and find a 187 sponsor which is a PR visa...not overly confident on the structure of this visa but I believe you need a job lined up and also be state sponsored (regional)...im sure someone else can give you more accurate information

good luck

After a lot of thought and upset my husband has handed his notice in for his current job on our 457 visa.

We know we have 90 days to sort out a new sponsor and that he cant work elsewhere during this time (apart from his existing 457 employment)

can anyone please advise on the following:

We may have a new sponsor lined up, they already sponsor other people on 457. I presume they still need to nominate hubby for the position?

Is it a simple transition from our side or do they treat it as a new application. I believe we stay on our current agreement which expires in March.

How soon would we need to apply for a new 457 visa? Is it exactly the same process as our first application would have been 4 years ago or have they changed requirements? and is it advisable to use am agent to do this for us or relatively simple to do ourselves?

is there anything to watch out for or do that may not be obvious to us? uk passports, police checks etc are all up to date as we had been ready to lodge 186.

thanks in advance

we came on a 457 3.5 years ago and the case officer asked for hubby to have a police check but not me. they didnt request medicals.

for what it costs id get the police check done just in case then you can submit it if requested. good luck!

following the advise given on here I have just returned from a meeting with a migration agent to clarify our visa options.

I feel much wiser and we have new opportunities to consider - thanks to those in the know for the push in the right direction.

One query is the conflicting information regarding the 457 to 186

Company lawyer suggest waiting six months before we lodge for PR to strengthen our case

(company restructure means transfer of 457 to the new larger company but without us losing our 3.5 years already done and starting again)

Independent migration agent agrees that we wont have to do 2 years again before applying but feels there's no benefit at all to waiting six months and that we should be applying now.

help anyone please?!

Is there a detailed list that specifies 186 visa obligations?

I understood there to be an intention to work for the same employer for two years following approval.

The only information under obligations is this:

You and your family must comply with all visa conditions and Australian laws.

thanks in advance

Thanks Bungo, I hadnt realised it was unlikely I would find answers on here or I wouldnt have posted!! And also my last post was a question I hadnt asked previously.

We are dealing with professionals to figure this out but sometimes its just quick and easy to get an answer here. Thanks for the advise though, much appreciated

ah thank you. I hadnt realised that. We are speaking to a couple of migration agents too so hopefully we can get the right answers somehow. Immigration did point me to their webpage criteria and advised that whilst they could offer facts on visas they actually were not allowed to advise.

Further advice being taken, thank you

Thank you

We have managed to speak to immigration today to clarify the situation.

thanks Bungo, my apologies. I didnt realise there was an issue with me asking advice and if its gone past a questionnaire scenario then maybe im just hoping that someone with experience here may offer an avenue I haven't approached.

My initial post was very long and confusing and it was only last night that we were informed by the employer that by waiting six months our case was strengthened. I dont believe I have asked this before.

I used this form a lot on our lead up to coming here and have only joined as a new member as i cant find my old log in information. Im pretty sure i would have asked many a quation on similar topics then and never felt I had to justify myself.

Im just looking for advise. I thought thats what the site was here to do..offer advise and lend support.

thank you, I am currently doing just that in hope to find our what our options are. I feel very lost.

I have spent time researching for answers but finding misleading information. its not clear if the 457 via can even just carry on through the new larger business or if its a case of starting again.

some sites say that if its the same company and position its fine to just transfer and not have to do the two years again, but others say 2 years start again.

Hi

It looks like our 457 can transfer to the new company without us having to do 2 years again. We are ready to lodge for our 186 but it has been suggested that we wait for six months as the business has only just been approved as a sponsor and it will strengthen our case if hubby has been with the new company for a few months first.

Is this the case?

Can a new business sponsor apply and meet criteria for the 186 straight away or is there minimum wait time?

We are conscious that our 457 expires in march 17 and by waiting six months we are cutting it fine. I know we would then go on to a bridging visa but worried incase they dont meet criteria in six months time.

can anyone advise please or point me in the right direction

thank you

not sure how old your post is but im in Margs...not that far away!

yes, we have been in touch with several agents and have sent back questionnaires and are waiting on feedback.

we have been told by one agent that it all depends on the company and they would need a lot more detail.

i was hoping that maybe someone could advise as we actually have no idea what our rights or position is and we are extremely worried.

Please feel free to help if you know where we stand. Thanks

Can anyone tell me if it is possible to transfer a 457 visa to a company that owns the existing sponsor company?

Then owners, job description hasnt changed and the owner is telling us that we can do a simple transfer without the need to start our 2 years again. Is this possible?

We have been here for 3.5 years with the same sponsor and was about to submit for the 186 visa but the lawyer has flagged up that the sponsor doesnt meet the training benchmark. The new larger 'umbrella' company that the smaller business (we have be told) sits under, does however meet the training.

We have been kept in the dark by the lawyer and the bosses so we are just trying to figure this out :confused:

Hello, could you please help at all

We currently live in regional WA on a 457 visa (since March 2013)

Hubby is a chef and the sponsor has three establishments, hubby is sponsored by what was the main business but was moved to a different establishment 2 years ago and they have now established a new company which owns the sponsoring business.

He is head chef with the same bosses but he remains as sponsored and Salary going through the original business.

Most other employees have been transferred to the new company.

We questioned the move when it happened 2 years ago and was told by his employer that it was not an issue.

When it was time to provide all our documents I received a call from the visa lawyer and he basically said that the sponsor sat under this new company as like an umbrella company and that it was best to just leave my husband at the original sponsoring company. This has left confusion and I have twice emailed to check on this with no reply.

We had been advised in April and then May that lodgement was likely anytime and documents from the business were being finalised.

On hearing nothing since we have asked for an update and been told that the company is currently looking in to the criteria for the business and that this could take a while.

We have since emailed the owners to ask for clarification on this and to express our concern for the visa lodgement based on the lawyers response.

Today the lawyer confirmed via email that the company does not meet criteria for the training benchmark and that they have provided the company with their options but that this could be costly and take some time.

The owner has spoken to my husband and said that all employees including himself will move to the new company and has said that we can just transfer the 457 visa over as they own the original sponsoring company.

We have no idea what to believe. The owners are very difficult to deal with and we feel unable to trust them.

On top of the above my husband has spent the last 3.5 years treading on egg shells and working anywhere between 60-115 hours a week with holidays declined and no overtime pay at all. His commitment has been called in to question on many occasion, usually if he takes any holidays.

we have believed that ultimately we have sacrificed our work/family balance to create a better life for us all here but feel now that regardless of how much we give to them, they will just use up what little energy we have left in all this.

They are covering the legal fees whilst we pay for the actual visa, so therefore the lawyer works for them and today in a phone call my husband has been told that I have been 'snaking' around to the lawyer to find things out (this isnt true at all). they are also unhappy with the email asking for clarification and outlined our worries and concerns for our future and have said they will no longer deal with me and only my husband.

We are worried, drained and upset and would really appreciate any help at all.

We are looking in to getting RPL in order to get the relevant diploma to achieve a positive skill assessment and then we can maybe look down a different route...state sponsorship maybe??

Can we apply for any other visa without their backing? and can we do this whilst we are here? and can hubby work whilst we wait?!

How long does RPL take? is this something that we can get on with now?

Please if you are able to help us it would be a very big weight lifted to even know our options

thank you

Thank you for the reply.

As you can imagine it is all very cloudy and messy in my head right now.

I have always been the person that deals with the visa side of the relationship and despite the upset caused by their treatment of my hubby, I keep quiet and smile in all the right places to them.

It certainly doesnt look positive at the moment and its gutting

really appreciate your advice, thank you

Hello

Its some while since I posted on here and cant find my log in info so here I am starting as a newbie.

Im sorry if this is long.

We currently live in regional WA on a 457 visa (since March 2013)

Hubby is a chef and the sponsor has three establishments, hubby is sponsored by what was the main business but was moved to a different establishment 2 years ago and they have now established a new company which owns the sponsoring business.

He is head chef with the same bosses but he remains as sponsored and Salary going through the original business.

Most other employees have been transferred to the new company.

We questioned the move when it happened 2 years ago and was told by his employer that it was not an issue.

When it was time to provide all our documents I received a call from the visa lawyer and he basically said that the sponsor sat under this new company as like an umbrella company and that it was best to just leave my husband at the original sponsoring company. This has left confusion and I have twice emailed to check on this with no reply.

We had been advised in April and then May that lodgement was likely anytime and documents from the business were being finalised.

On hearing nothing since we have asked for an update and been told that the company is currently looking in to the criteria for the business and that this could take a while.

We have since emailed the owners to ask for clarification on this and to express our concern for the visa lodgement based on the lawyers response.

Today the lawyer confirmed via email that the company does not meet criteria for the training benchmark and that they have provided the company with their options but that this could be costly and take some time.

The owner has spoken to my husband and said that all employees including himself will move to the new company and has said that we can just transfer the 457 visa over as they own the original sponsoring company.

We have no idea what to believe. The owners are very difficult to deal with and we feel unable to trust them.

On top of the above my husband has spent the last 3.5 years treading on egg shells and working anywhere between 60-115 hours a week with holidays declined and no overtime pay at all. His commitment has been called in to question on many occasion, usually if he takes any holidays.

we have believed that ultimately we have sacrificed our work/family balance to create a better life for us all here but feel now that regardless of how much we give to them, they will just use up what little energy we have left in all this.

They are covering the legal fees whilst we pay for the actual visa, so therefore the lawyer works for them and today in a phone call my husband has been told that I have been 'snaking' around to the lawyer to find things out. they are also unhappy with the email asking for clarification and outlined our worries and concerns for our future and have said they will no longer deal with me and only my husband.

We are worried, drained and upset and would really appreciate any help at all.

We are looking in to getting RPL in order to get the relevant diploma to achieve a positive skill assessment and then we can maybe look down a different route...state sponsorship maybe??

Can we apply for any other visa without their backing? and can we do this whilst we are here? and can hubby work whilst we wait?!

How long does RPL take? is this something that we can get on with now?

We may approach the fairwork ombudsman to deal with the working conditions but are there any other companies that can advise anonymously.

please help :sad::shocked::cry: