The Good Looking One

Mouse You CAN take your super back to the UK albeit you have to repay the Aussie tax......look here: https://applicant.tr.super.ato.gov.au/applicants/default.aspx?pid=1 Not all bad new though, if you put it into your UK pension you should be able to reclaim the UK tax....check it out with your UK financial advisor. Happy Daze

Thanks for your reply Nope, not yet. All of this has come about in the last 10 days and I am still getting my head around it. I did ask in my post if anyone could recommend an Agent. And I assume from the Employer Obligations they will have to assist in the cost of this?

Not that I am wanting to preempt a negative outcome, but I thought it would be wise for me to explore my entitlements in the event that my 457 visa renewal application is refused and I have to depart. I would be very grateful if someone would be kind enough to tip me the wink on a couple of things..... Application submitted August 2016. Current 457 visa expired December 2016. Business will close if I am refused my visa. If I am refused I have 28 days to leave the country If I am made redundant before this (which is a possibility) I still only have 28 days to leave the country Can I arrange an extension to leaving the country on health grounds. I in recovery after post-op cancer surgery and have appointments throughout the next 6 weeks Can I take advantage of the BLUE sentence below now Can I take advantage of the RED sentence below I am totally worried about all of this and my employer (and his wife calling the shots) don't seem to be interested in any of it. My confidence level is quite low which is quite the opposite to my normal self......... Finally.....Are there any recommendations by forum members for an agent in the Geelong region?? Taken from: https://www.border.gov.au/Trav/Work/Work/workplace-rights Employer obligations for subclass 457 visa holders If you are a sponsored visa holder on a Temporary Work (Skilled) visa (subclass 457) visa, your employer has obligations under migration law, in addition to the protections all workers have under workplace law. Your sponsor must: provide you with equivalent terms and conditions of employment to those provided or would be provided to an Australian performing equivalent work in the same location ensure you work only in the occupation, program or activity for which you were nominated not recover, transfer or charge certain costs to you or another person (for example, recruitment costs, sponsorship/nomination fees, migration agent costs) if requested in writing, pay reasonable and necessary travel costs to allow you and your family members to leave Australia; tell the Department in writing when certain events occur (for example, changes to your sponsor’s address/contact details, if your employment with the sponsor ends, if your duties change) cooperate with inspectors from the Department or the Fair Work Ombudsman who are investigating whether your sponsor has complied with sponsorship obligations; keep records that show they are complying with their sponsorship obligations and provide those records and information to the Department if requested. Further detail about obligations a sponsor must meet is available on the Temporary Work (Skilled) visa (subclass 457) webpage under 'Sponsors' and 'Sponsor obligations'.

I started with Business A and spent 21 months building it until it was sold. I have been with Business B since December 2015. I am pretty clueless on Visa stuff (sister does it all) but I think I had to have been employed for a minimum of 2 years? So the plan was to renew my 4 year 457 and go for it during that period.

Having submitted my 457 renewal in August 2016 and my employer answering a few questions pre and post Xmas, we have waited patiently for approval. Now with the changes to 457 Visa applications I am subject to the new rules and caveats which, in my mind, have been retrospectively and unfairly applied to existing applications. Could you imagine the absolute uproar if a Taxation/Income change had retrospectively been administered in this way? There are 3 of us working daily in the business: Firstly, me. Secondly, an apprentice who is now qualified as a marine technician through our business. Thirdly, we took on a 17 year old apprentice who is showing great potential after just 3 months with us. I am also advertising for 4th member of staff who ideally should have marine experience in the marques we represent. For 2 seasons now we have advertised and been unsuccessful in recruiting someone for this role. They simply do not exist in Australia. We have recently advertised in the UK as it seems to be the place to entice suitable and qualified staff. Going back to me and my 'bespoke' industry experience which bought me to Australia by my first employer 4-1/2 years ago The problem I face is this: I researched, started up from scratch and now run this specialist marine business for my employer. I have generated almost $1m of turnover since March 2015, 50% of this in the last financial year. Following the rule changes my employer has stated that if my Visa is not granted I will be made redundant and I will serve my redundancy notice period shutting down the business I have sweat blood and tears for over the last 2-1/2 years. All staff will be made redundant and the business will be wound up even though all the indicators are that the business is maintaining good growth and future prospects are looking quite exciting. He doesn't want to look for a replacement for me as he considers it a waste of his valuable time advertising for staff given the fact that he was only able to fill almost the same role as mine at our sister company with someone from the UK too!! I sold up everything to come to Australia. I created jobs. I trained and continue to train staff through to qualification. And I am expecting to be penalised by the new rules Does anyone have any straws I can clutch onto? (FYI, I am 54yo)

Hi folks I am 53 in April and the holder of a 457 Visa with 1 year currently remaining of my 4 year visa. My employer will be commencing the renewal my visa after Xmas. I am happy in my job and feel lucky that my employer is happy and is looking to cement me into his business. I have set up, and now run, the new business with little involvement by the Director and pretty much have a firm hold of the reins. I love my job, even though it is fairly full on most of the time, and I am grateful to be living in a lovely part of Victoria. I have the opportunity to create a new online business as an add-on to the current business. I have been researching and planning this for the last 2 years and I obviously want to be the Director of a company which owns/operates the website and to be the major shareholder. I have already set aside my own money for this venture and I am ready to press the GO button. Having discussed this opportunity with my employer, who is all for it, offered the following deal... I buy a 20% share of his business for the cost of the online business. The cash injection would be wholly used to develop the online business. This then means he would keep 80% of the main business and 80% of the online business. Clearly an unattractive offer which I plan to decline. My counter offer would be to accept 20% of his business (no cash involved) in return for me giving him 20% of the online business (again, no cash involved). I would then introduce and use my money to develop the website (recorded in the accounts as a Directors loan). My primary reason for offering 20% to him is because I need the goods to be supplied by his business, with preferential pricing, not available anywhere else. I also designed this equity share into the online business to ensure that a healthy business relationship with a regular cash return is maintained. As far as his business is concerned, his idea is to offer me a share is an attempt to secure me into my job long term. So, after all that blurb it's time for my question.... Can I register, own and operate a business in my name under my current Visa whilst remaining an employee of my sponsors business? Any solid advice or pointers would be gratefully received. Happy Daze Tony

Oh, and I am 53 this April, which might be to my disadvantage.

Thanks for the replies Alaska & ali My employer will do whatever pretty much they can to keep me here but unfortunately I am not at all into the whole Visa thing. The usual downside is timing at the moment. The online thing needs to capitalize on the summer so I really need to start the ball rolling on that. I will ask my sister who is quite cluey on all of this to research the transition scheme and see if that will assist. Thanks again.

Hi folks I am the holder of a 457 Visa with 1 year currently remaining of my 4 year visa. My employer will be commencing the renewal my visa after Xmas. I am happy in my job and feel lucky that my employer is happy and is looking to cement me into his business. I have set up, and now run, the new business with little involvement by the Director and pretty much have a firm hold of the reins. I love my job, even though it is fairly full on most of the time, and I am grateful to be living in a lovely part of Victoria. I have the opportunity to create a new online business as an add-on to the current business. I have been researching and planning this for the last 2 years and I obviously want to be the Director of a company which owns/operates the website and to be the major shareholder. I have already set aside my own money for this venture and I am ready to press the GO button. Having discussed this opportunity with my employer, who is all for it, offered the following deal... I buy a 20% share of his business for the cost of the online business. The cash injection would be wholly used to develop the online business. This then means he would keep 80% of the main business and 80% of the online business. Clearly an unattractive offer which I plan to decline. My counter offer would be to accept 20% of his business (no cash involved) in return for me giving him 20% of the online business (again, no cash involved). I would then introduce and use my money to develop the website (recorded in the accounts as a Directors loan). My primary reason for offering 20% to him is because I need the goods to be supplied by his business, with preferential pricing, not available anywhere else. I also designed this equity share into the online business to ensure that a healthy business relationship with a regular cash return is maintained. As far as his business is concerned, his idea is to offer me a share is an attempt to secure me into my job long term. So, after all that blurb it's time for my question.... Can I register, own and operate a business in my name under my current Visa whilst remaining an employee of my sponsors business? Any solid advice or pointers would be gratefully received. Happy Daze Tony