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186 ENS / 457 help please


Petkula73

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Hi

 

Can anyone please clarify a few things for me?

 

We have been in Australia since 2011, coming to initially work on a project then transferring my role permanently to Australia in Oct 2012. I have worked for the company for 15 years and the role is the same one as in the UK (i.e. I got continuation of service, long service leave etc). We had our first 457 from Aug 2011 to Aug 2012, which was replaced by a new 4 year 457 to run to Aug 2016 on the understanding that the company would sponsor me for PR when eligable.

 

We became eligble in Aug 2013 and have submitted the application which is now awaiting a case officer.

 

However, today I received the bombshell that my role is to be made redundant as part of an outsourcing agreement which will happen shortly.

 

There is no date set for this, and no notice has been given but the target date is 31st December 2013.

 

I just wonder if anyone knows what my options are here?

 

At what point does the company need to declare the 186 is no longer valid? Do they have to do this now, or is this when the full consultation period has been gone through - there is talk of transferring the role to the outsourcer, or being redeployed in the company (although that's unlikely).

 

Next question, how long is the 457 valid for once the role is terminated? Is it 90 days or 28 days?

 

Can the 457 be transferred to a new employer (provided they will lodge the sponsorship)?

 

If the 186 is no longer available, do we have any other options for PR? My profession is on the skillselect schedule.

 

Hopefully I can find alternative employment here as I have a 5 year old daughter in school (not that it counts for much with immigration).

 

As you can imagine I feel thoroughly fed up with everything at the moment. The only reason the job is being outsourced is due to a buy out earlier in the year. It's not like we moved over here on a whim - it was suggested and sponsored by my employer of the past 15 years. No point getting angry though, as it won't change anything. We just want to remain here in Australia. The thought of returning to the UK makes me despair.

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The trouble you have with the 186 going through is that the employer has to vouch that the job will be available for at least another two years, and submit your contract to prove this. If this is not the case (and by making you aware of up coming redundancy it is) then they cannot sponsor you. They would be ineligable as a sponsor.

 

You may have to go the independent route for PR.

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The trouble you have with the 186 going through is that the employer has to vouch that the job will be available for at least another two years, and submit your contract to prove this. If this is not the case (and by making you aware of up coming redundancy it is) then they cannot sponsor you. They would be ineligable as a sponsor.

 

You may have to go the independent route for PR.

 

Thanks for the reply.

 

The employer has already submitted the contract and the redundancy is an option (but an inevitable one) at this stage. I guess we will see.

 

Going to make sure the company pays for immigration advice as part of any deal as this was a secure job... Just goes to show, eh...

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