Hi Jooan,
You're probably thinking it already but naturally, anyone in your position would find it very difficult to accept. The reality is, it's a very uncomfortable situation to be in.
Since 2018, with the implementation of TSS visas, there is no longer an assumption, or "automatic right" to a pathway to permanent residence. Your company must show that there is a specified genuine need for the nominee to remain employed in the nominated position.
One of the most important criteria in your nomination is evidencing "Genuine need".
When assessing 'genuine need', Home Affairs will take into account that there indeed exists a vacancy for the nominated position and the position is ongoing.
No doubt the Department will need to see financials and from that, they will find out if the business is under financial stress, especially if 80% of its employees were made redundant in recent months.
As this is a work-sponsored visa, the department needs to be sure and satisfied that your company can afford to keep you employed there for 2 years minimum. In your case, this will be the most challenging part.
Here are some indicative the nominated position not being genuinely needed:
- Redundancies in the previous 12 months.
- Reduction of hours worked during the previous 12 months.
- Reduction of pay and conditions within the previous 12 months.
I truly hope that you may be able to find a way to convince the department of "Genuine Need" and that you can be successful with your application. I think it would be wise to consult a lawyer in this case. Although the process will be long and arduous, not to mention costly.