Mr Murray Posted July 18, 2014 Share Posted July 18, 2014 Hi all, I'm currently on a 457 visa and have been for 2 years now. My understanding is that I can apply for PR through the transitional stream rather than direct entry stream. I think there may be a slight problem which I hope somebody can confirm or otherwise. I have been working for the same company while on my 457 but was transferred divisions within the company which meant I was re-nominated for my 457 and therefore have only been on this one a little over a year. Could anyone shed some light on whether I can still go down the transitional route or would I need to wait until 2 years has lapsed since changing over? As I say, I'm still with the same company. Thank you in advance Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted July 18, 2014 Share Posted July 18, 2014 Hello, I am assuming that when you changed divisions, the nominated occupation for your 457 visa also changed? If so, you will not generally be able to apply under the transitional stream until you had worked for 2 years in the new role. If the nominated occupations are very closely related (as defined by the occupation codes, not the name of the job), then it may be possible to apply with the different roles. If the new nomination was because you actually changed sponsors (different ABNs), then you will need to wait until you have the full 2 years with the current sponsor. All the best. Christel Link to comment Share on other sites More sharing options...
Mr Murray Posted July 18, 2014 Author Share Posted July 18, 2014 Thanks for your reply. My job title is still the same, I do exactly the same job just from a different branch within the same company. I was hoping it would be OK since it is the same company (but yeah they are different ABN's) Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted July 18, 2014 Share Posted July 18, 2014 No problem, happy to help. Different ABN means a new company to the Department of Immigration, so unfortunately you will need to wait until you have the full two years with the new company. Cheers, Christel Link to comment Share on other sites More sharing options...
Pumpkin Posted July 18, 2014 Share Posted July 18, 2014 No problem, happy to help. Different ABN means a new company to the Department of Immigration, so unfortunately you will need to wait until you have the full two years with the new company. Cheers, Christel I thought they changed this recently to make allowances for situations like the OPs? Link to comment Share on other sites More sharing options...
Adam Grey Posted July 18, 2014 Share Posted July 18, 2014 I thought they changed this recently to make allowances for situations like the OPs? Yes, the policy regarding this was changed on the 1st July. How it applies, who it applies to and the circumstances behind it are varied and complex, there's not enough information in the OPs post to determine whether it is applicable to his circumstance. There's a great deal of misleading and inaccurate emails and information being sent around regarding this change, many applicants (and staggeringly - agents) are mistakenly interpreting it as meaning an applicant can still apply if they have completed 2 years with 2 very different sponsors and are going to be in for a shock when the decisions are made. The amended policy is to large to quote in it's entirety, but a small extract that may apply to the OP is: "There may be applications for the Temporary Residence Transition stream where the nominator has not been the sole standard business sponsor for the nominee during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that they have always been the employer of the nominee. This may occur in situations where the current standard business sponsor underwent a business restructure/takeover/sale and has therefore changed their ABN/ACN/name, which required a new standard business sponsorship approval. Instances such as this are acceptable provided: - the nominee is still working in the same position, performs the same duties, and has the same working conditions and/or - the nominee reports to the same management structures and/or - the nominator retains the same business name and operations, but is considered to be a new legal entity. In these scenarios, delegates may consider the same employer criterion satisfied if the nominator is able to demonstrate that they have remained the sole employer of the nominee, but have undergone a business change, which required a fresh standard business sponsorship." As always I'd recommend professional assistance for the nominating company and applicant in this circumstance. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 18, 2014 Share Posted July 18, 2014 As Pumpkin and Adam have said, this changed recently. If you're comfortable waiting until you complete 2 years with the new 457, then it's less complicated, but if you want to apply after 2 years from your original 457 I'd suggest you and your employer speak with a migration agent to make sure you have guidance through the process. Link to comment Share on other sites More sharing options...
Daffieduck Posted July 24, 2014 Share Posted July 24, 2014 Hi everyone! I hope that you can help us sort our worries. We are on 457 thru my husband whose being sponsored, but we heard talks in the office that the business will be sold to new management but will be retaining all employees. With this, the business will have new ABN. How will these affect our sponsorship? Do we need to be nominated again? Thank you all. Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 Hi everyone! I hope that you can help us sort our worries. We are on 457 thru my husband whose being sponsored, but we heard talks in the office that the business will be sold to new management but will be retaining all employees. With this, the business will have new ABN. How will these affect our sponsorship? Do we need to be nominated again? Thank you all. Hi Daffie, It depends upon the business structure. Legally you are allowed to work for your current sponsor or an associated entity of your sponsor as per section 50AAA of the Corporation Act 2001. However, the likelihood is the new company will need to apply for SBS approval and re-nominate 457 visa holders. Link to comment Share on other sites More sharing options...
Daffieduck Posted July 24, 2014 Share Posted July 24, 2014 Hi Daffie, It depends upon the business structure. Legally you are allowed to work for your current sponsor or an associated entity of your sponsor as per section 50AAA of the Corporation Act 2001. However, the likelihood is the new company will need to apply for SBS approval and re-nominate 457 visa holders. Hi Grey, Thank you. With the associated entity, what are the parameters? I believe you are right with the application as sponsor and re-nomination, however, will my husband can continue to work to the new management while the application as business sponsor and re-nomination are still being processed? Thank you. Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 The parameters are listed in section 50AAA of the Corporations Act 2001. The company accountant will be able to determine if they apply or not. Usually companies have a transition period where they continue working for the old sponsor while the new sponsor sets up SBS approval and nominates the 457 holders. The process only takes about 2 to 6 weeks. Link to comment Share on other sites More sharing options...
Daffieduck Posted July 25, 2014 Share Posted July 25, 2014 The parameters are listed in section 50AAA of the Corporations Act 2001. The company accountant will be able to determine if they apply or not. Usually companies have a transition period where they continue working for the old sponsor while the new sponsor sets up SBS approval and nominates the 457 holders. The process only takes about 2 to 6 weeks. Hi Adam, Thank you for these information. cheers! Link to comment Share on other sites More sharing options...
wrussell Posted July 25, 2014 Share Posted July 25, 2014 If you qualify and you know what you are doing, apply. Do not muck around for 2 years, or any other period. Link to comment Share on other sites More sharing options...
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