deelydog Posted April 7, 2014 Share Posted April 7, 2014 Hi all, Been in oz for 18mnths under my OH 457 visa. Just been advised the company is closing and he is being made redundant we really don't want to leave oz but not sure how easy it is to get another sponsor to take over our visa. I also have just been offered a really good full time position so I was wondering if I were able to take over the visa or if there is any other visa we can apply for in this situation? Any advice would be greatly appreciated. Many thanks in advance Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 7, 2014 Share Posted April 7, 2014 The only way you can stay is a) if he finds another employer who is willing and eligible to take over his 457 OR b) if you have an eligible occupation and find a willing and eligible sponsor to start a new 457 from scratch. You have only 90 days from when his job finishes to do either. Link to comment Share on other sites More sharing options...
deelydog Posted April 7, 2014 Author Share Posted April 7, 2014 That's what I thought. Thx for info. Link to comment Share on other sites More sharing options...
Rupert Posted April 7, 2014 Share Posted April 7, 2014 Hi all, Been in oz for 18mnths under my OH 457 visa. Just been advised the company is closing and he is being made redundant we really don't want to leave oz but not sure how easy it is to get another sponsor to take over our visa. I also have just been offered a really good full time position so I was wondering if I were able to take over the visa or if there is any other visa we can apply for in this situation? Any advice would be greatly appreciated. Many thanks in advance It would certainly be worth you investigating sponsorship by the company that has offered you work asap. Simultaneously, your husband needs to start looking for a new sponsor that could take over the current visa. Other option is skilled migration, but probably a lot to do in the time frame. Link to comment Share on other sites More sharing options...
julesktm1 Posted April 7, 2014 Share Posted April 7, 2014 Or whilst you sort out your visa he could ask his company to give him another three months taking him to 21 months and another three months makes it twenty four and then maybe you can apply for PR - just an idea and I dont know the legalities. Link to comment Share on other sites More sharing options...
Rupert Posted April 7, 2014 Share Posted April 7, 2014 Or whilst you sort out your visa he could ask his company to give him another three months taking him to 21 months and another three months makes it twenty four and then maybe you can apply for PR - just an idea and I dont know the legalities. Err no. There is no visa one can apply for purely because of 24 months in the country. Link to comment Share on other sites More sharing options...
julesktm1 Posted April 7, 2014 Share Posted April 7, 2014 Further to my earlier post please see off the immigration website. Best of luck The two most common ways you can apply under ENS or RSMS are the Direct Entry and the 457 Transition streams. Direct Entry Stream. Under ENS an applicant needs to obtain a skills assessment in their occupation and have a minimum of 3 years work experience in their occupation - anywhere in the world. Applicants also must satisfy English language requirements, medical checks, and character checks. For RSMS applicants need to have a relevant qualification to their occupation. Tradespeople though are required to undergo a skills assessment in certain circumstances. 457 Transition Stream. Applicants have to have worked for the employer nominating them for permanent residence for 2 years on a subclass 457 visa in Australia. No formal skills assessment is required and lower English language requirements. Medical and character checks are still required. Link to comment Share on other sites More sharing options...
julesktm1 Posted April 7, 2014 Share Posted April 7, 2014 Err no. There is no visa one can apply for purely because of 24 months in the country. You quite right Rupert. Link to comment Share on other sites More sharing options...
Quoll Posted April 7, 2014 Share Posted April 7, 2014 Just make sure that if nothing eventuates that your original sponsor covers your repatriation costs - it'd be silly to lose them! Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 7, 2014 Share Posted April 7, 2014 Further to my earlier post please see off the immigration website. Best of luck The two most common ways you can apply under ENS or RSMS are the Direct Entry and the 457 Transition streams. Direct Entry Stream. Under ENS an applicant needs to obtain a skills assessment in their occupation and have a minimum of 3 years work experience in their occupation - anywhere in the world. Applicants also must satisfy English language requirements, medical checks, and character checks. For RSMS applicants need to have a relevant qualification to their occupation. Tradespeople though are required to undergo a skills assessment in certain circumstances. 457 Transition Stream. Applicants have to have worked for the employer nominating them for permanent residence for 2 years on a subclass 457 visa in Australia. No formal skills assessment is required and lower English language requirements. Medical and character checks are still required. The absolutely crucial fact that's missing from that is that the 457 employer MUST be willing and able to sponsor the employee for a 186 or 187 visa and must be prepared to offer them ongoing work. As written, I know it appears that the transition to a permanent 186 or 187 visa is automatic after 2 years on a 457 but nothing could be further from the truth. Employer sponsorship is still required and that simply won't be possible if the company is closing or the employee is redundant. Link to comment Share on other sites More sharing options...
adelpaus Posted April 7, 2014 Share Posted April 7, 2014 very interesting point - the 457 is a visa with little flexibility. Sort out pr asap - if you can get another role in the company may be complex. Link to comment Share on other sites More sharing options...
Rupert Posted April 7, 2014 Share Posted April 7, 2014 You quite right Rupert. Yes I know I am. The biggest myth out there is that after two years one can simply apply for PR. Re your other post, you are forgetting the rather crucial factor that the employer needs to sponsor for the 186 visa, they cannot sponsor someone they are making redundant! Link to comment Share on other sites More sharing options...
starlight7 Posted April 8, 2014 Share Posted April 8, 2014 The best bet seems to be your new job- I would ask them for sponsorship on a 457 but I don't know if it would be eligible, depends on the skills the 457 accept. Link to comment Share on other sites More sharing options...
ajs604 Posted April 8, 2014 Share Posted April 8, 2014 I was in a similar situation myself a few years ago (although I decided to leave as I was being underpaid). I hope your OH can find a new sponsor in his filed or you can be sponsored yourself. Sounds like you still have time on your hands and a few other options. Best of luck. Link to comment Share on other sites More sharing options...
adelpaus Posted April 8, 2014 Share Posted April 8, 2014 You come in on a 457 - and this is the risk you always have - it is not a migration option. I have given this advice before. I started on 457 went to pr now citizenship. Best advice would be - forget 457 take the time come out as a pr - then you can live relaxed happily and normally. 457 - see the limitations! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.