alibaba23 Posted April 28, 2015 Share Posted April 28, 2015 Hi my name is Ali. I have been living in Australia for 3 years. Last July I began my 457 work visa as an Accommodation and hospitality manager. Unfortunately last week my employment was terminated due to financial difficulties in the business. I now have 90 days to find a new sponsor. I was approached by another business in the area and offered sponsorship. However they cannot qualify for the 457 visa as none of their annual earnings are used for training benchmarks (2% is required). They have previously sponsored under the RSMS visa, so I am pretty confident they can again. The business is in a regional area of Queensland and they do have difficulties keeping staff due to this. They have offered me a permanent position for 2 years. Has anybody heard of anybody moving from a 457 visa after 9 months to a new employer and transferring over to a RSMS visa?? When I received my 457 visa I was approved based on all my work experience and references. I have started studying a diploma of hospitality last September and am half way through my qualification, I am trying to complete my qualification asap as I am aware that one of the requirements for the RSMS is a qualification. I know immigration like you to have post qualification experience, however is it completely unheard of to qualify for the visa straight after receiving qualification? Any help and advice would be greatly appreciated. Cheers Link to comment Share on other sites More sharing options...
Bungo Posted April 28, 2015 Share Posted April 28, 2015 You are not moving from, or transferring or changing any visa. The previous 457 is completely irrelevant for a direct entry 187. If you and the employer can meet the criteria for the 187 then there is nothing to stop you applying. Link to comment Share on other sites More sharing options...
Raul Senise Posted April 28, 2015 Share Posted April 28, 2015 Hi my name is Ali. I have been living in Australia for 3 years. Last July I began my 457 work visa as an Accommodation and hospitality manager. Unfortunately last week my employment was terminated due to financial difficulties in the business. I now have 90 days to find a new sponsor. I was approached by another business in the area and offered sponsorship. However they cannot qualify for the 457 visa as none of their annual earnings are used for training benchmarks (2% is required). They have previously sponsored under the RSMS visa, so I am pretty confident they can again. The business is in a regional area of Queensland and they do have difficulties keeping staff due to this. They have offered me a permanent position for 2 years. Has anybody heard of anybody moving from a 457 visa after 9 months to a new employer and transferring over to a RSMS visa?? When I received my 457 visa I was approved based on all my work experience and references. I have started studying a diploma of hospitality last September and am half way through my qualification, I am trying to complete my qualification asap as I am aware that one of the requirements for the RSMS is a qualification. I know immigration like you to have post qualification experience, however is it completely unheard of to qualify for the visa straight after receiving qualification? Any help and advice would be greatly appreciated. Cheers The problem you face is that you can not work for the new employer until the 187 is approved. Link to comment Share on other sites More sharing options...
alibaba23 Posted April 29, 2015 Author Share Posted April 29, 2015 Thank you for your reply. I rang an immigration lawyer who mentioned I may be able to go on to a bridging visa until the decision is made from Immigration? Link to comment Share on other sites More sharing options...
alibaba23 Posted April 29, 2015 Author Share Posted April 29, 2015 thank you for your reply Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 29, 2015 Share Posted April 29, 2015 Thank you for your reply. I rang an immigration lawyer who mentioned I may be able to go on to a bridging visa until the decision is made from Immigration? It's true that you will get a Bridging visa if you apply for a 187 visa but it doesn't take effect until your 457 EXPIRES. While your 457 visa is still valid, you can work ONLY for the 457 employer until you are granted the 187. Link to comment Share on other sites More sharing options...
alibaba23 Posted April 29, 2015 Author Share Posted April 29, 2015 My visa does not expire until July 2018. However as my employment has been terminated I am on the 90 day countdown. Can a bridging visa not even come in to effect after the 90 day period? The fact that my employment ended for reasons out of my control ( change of business) and my services were no longer required? Link to comment Share on other sites More sharing options...
Raul Senise Posted April 29, 2015 Share Posted April 29, 2015 That's not how it works. If you stop working for your employer for more than 90 days your 457 will be cancelled (not expired) and the bridging visa would also be cancelled. You will then go onto a bridging visa E with no work rights. This is a complex area and I advise that you seek professional advice. Link to comment Share on other sites More sharing options...
alibaba23 Posted April 29, 2015 Author Share Posted April 29, 2015 Thank you. Yes I am meeting an immigration lawyer tomorrow. I was just seeking some outside advice in the meantime. Cheers Link to comment Share on other sites More sharing options...
Bungo Posted April 29, 2015 Share Posted April 29, 2015 Thank you. Yes I am meeting an immigration lawyer tomorrow. I was just seeking some outside advice in the meantime. Cheers If it is the same immigration agent that suggested a bridging visa was the answer, I wouldsuggest you find a different one that understands the complexities of your situation. Link to comment Share on other sites More sharing options...
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