MelbourneManc Posted July 20, 2014 Share Posted July 20, 2014 Hi all, I a little confused and worried with my visa situation and need your help. I'm currently working as a telecom drafter team lead for a well established company based in Melbourne, and my visa was approved in December 2012. However, according to my 457 visa, i was sponsored by our company owners (a top tier Australian construction company) and have just been informed that our division is getting sold. As the company owners mentioned the telecom sector is getting sold, I then spoke to the HR department. They suggested that as we will be getting separated and will have new owners soon, i may have to be re-sponsored for me to carry on working here. They did however say that if we are not sold by December, they can support me on the sponsor to residency visa. With HR not sure, i just need some clarification from some immigration experts. My questions, and i would really appreciate your help are... 1.If we are sold off before December this year, and do have new company owners, does this mean they cannot sponsor me to residency? 2.Does this mean i have to do another two years at the same company (with new owners) on another 457 visa? Or can the time i have spent here be transferred with the new owners name? If you could help me then it would be much appreciated. Link to comment Share on other sites More sharing options...
Alaska Posted July 20, 2014 Share Posted July 20, 2014 Just checking - are you definitely not eligible for the ENS 186 Direct Entry? It is only the transition stream of the 186 that you have to wait 2 years on. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 20, 2014 Share Posted July 20, 2014 Hi all, I a little confused and worried with my visa situation and need your help. I'm currently working as a telecom drafter team lead for a well established company based in Melbourne, and my visa was approved in December 2012. However, according to my 457 visa, i was sponsored by our company owners (a top tier Australian construction company) and have just been informed that our division is getting sold. As the company owners mentioned the telecom sector is getting sold, I then spoke to the HR department. They suggested that as we will be getting separated and will have new owners soon, i may have to be re-sponsored for me to carry on working here. They did however say that if we are not sold by December, they can support me on the sponsor to residency visa. With HR not sure, i just need some clarification from some immigration experts. My questions, and i would really appreciate your help are... 1.If we are sold off before December this year, and do have new company owners, does this mean they cannot sponsor me to residency? 2.Does this mean i have to do another two years at the same company (with new owners) on another 457 visa? Or can the time i have spent here be transferred with the new owners name? If you could help me then it would be much appreciated. To your questions, using your numbering. 1). Not 100pc sure on your terminology here but I am going to assume you are asking about being sponsored for the permanent visa here? Because all visas offer "residency" of course, just different types. So I do not see how your current company can sponsor you for the permanent visa when they have sold or are about to sell the business. This visa does assume that the sponsor has an ongoing requirement for the job. 2) There is no need to do two years with any employer before they sponsor you for the permanent visa, never has been. If the employer is willing and able they could sponsor through the direct entry stream. You would need a skills assessment for that though. If you want to go through the transition stream then there have been some very recent changes (as in last few weeks) regarding what happens when a company changes hands, that I believe will be favourable, but I don't know enough as they are so recent. Link to comment Share on other sites More sharing options...
MelbourneManc Posted July 20, 2014 Author Share Posted July 20, 2014 To your questions, using your numbering. 1). Not 100pc sure on your terminology here but I am going to assume you are asking about being sponsored for the permanent visa here? Because all visas offer "residency" of course, just different types. So I do not see how your current company can sponsor you for the permanent visa when they have sold or are about to sell the business. This visa does assume that the sponsor has an ongoing requirement for the job. 2) There is no need to do two years with any employer before they sponsor you for the permanent visa, never has been. If the employer is willing and able they could sponsor through the direct entry stream. You would need a skills assessment for that though. If you want to go through the transition stream then there have been some very recent changes (as in last few weeks) regarding what happens when a company changes hands, that I believe will be favourable, but I don't know enough as they are so recent. Hi Pumpkin thank you for the quick response. Unfortunately i don't pass the skills assessment by 5 points but you are correct, the company will be changing hands. As i don't pass the assessment i presume (should of mentioned that in my first post) the temporary residence transition streamis my only option? I feel a little better with the recent changes you just mentioned, and hopefully that is true. Hi Alaska. I'm not sure what this visa is or if i qualify? If i take this option do i have to pass my Australian Engineers CDR? As i am not a fully qualified engineer i presume i am unable to do the report? However, my current 457 visa occupation is shown as electrical engineering draftsman so don't know if it on the skilled occupation list? I'm trying my best to explain but if its still unclear then let me know. Once again, thanks for the quick response and hope to hear back from you soon. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 20, 2014 Share Posted July 20, 2014 Hi Pumpkin thank you for the quick response. Unfortunately i don't pass the skills assessment by 5 points but you are correct, the company will be changing hands. As i don't pass the assessment i presume (should of mentioned that in my first post) the temporary residence transition streamis my only option? I feel a little better with the recent changes you just mentioned, and hopefully that is true. Hi Alaska. I'm not sure what this visa is or if i qualify? If i take this option do i have to pass my Australian Engineers CDR? As i am not a fully qualified engineer i presume i am unable to do the report? However, my current 457 visa occupation is shown as electrical engineering draftsman so don't know if it on the skilled occupation list? I'm trying my best to explain but if its still unclear then let me know. Once again, thanks for the quick response and hope to hear back from you soon. The skills assessment is not a points based test. That is the skilled migration visa points test, it is quite separate to skills assessment. So the question is can you pass skills assessment, not the points test? Skills assessment is about whether you have the expected qualification for your occupation and in many cases work experience is required as well. Link to comment Share on other sites More sharing options...
wrussell Posted July 21, 2014 Share Posted July 21, 2014 Hi all, I a little confused and worried with my visa situation and need your help. I'm currently working as a telecom drafter team lead for a well established company based in Melbourne, and my visa was approved in December 2012. However, according to my 457 visa, i was sponsored by our company owners (a top tier Australian construction company) and have just been informed that our division is getting sold. As the company owners mentioned the telecom sector is getting sold, I then spoke to the HR department. They suggested that as we will be getting separated and will have new owners soon, i may have to be re-sponsored for me to carry on working here. They did however say that if we are not sold by December, they can support me on the sponsor to residency visa. With HR not sure, i just need some clarification from some immigration experts. My questions, and i would really appreciate your help are... 1.If we are sold off before December this year, and do have new company owners, does this mean they cannot sponsor me to residency? 2.Does this mean i have to do another two years at the same company (with new owners) on another 457 visa? Or can the time i have spent here be transferred with the new owners name? If you could help me then it would be much appreciated. The rules about this sort of situation have recently changed. I suggest you consult a registered migration agent. Link to comment Share on other sites More sharing options...
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