newtothis Posted August 17, 2016 Share Posted August 17, 2016 Hi It looks like our 457 can transfer to the new company without us having to do 2 years again. We are ready to lodge for our 186 but it has been suggested that we wait for six months as the business has only just been approved as a sponsor and it will strengthen our case if hubby has been with the new company for a few months first. Is this the case? Can a new business sponsor apply and meet criteria for the 186 straight away or is there minimum wait time? We are conscious that our 457 expires in march 17 and by waiting six months we are cutting it fine. I know we would then go on to a bridging visa but worried incase they dont meet criteria in six months time. can anyone advise please or point me in the right direction thank you Link to comment Share on other sites More sharing options...
wrussell Posted August 17, 2016 Share Posted August 17, 2016 Hi It looks like our 457 can transfer to the new company without us having to do 2 years again. We are ready to lodge for our 186 but it has been suggested that we wait for six months as the business has only just been approved as a sponsor and it will strengthen our case if hubby has been with the new company for a few months first. Is this the case? Can a new business sponsor apply and meet criteria for the 186 straight away or is there minimum wait time? We are conscious that our 457 expires in march 17 and by waiting six months we are cutting it fine. I know we would then go on to a bridging visa but worried incase they dont meet criteria in six months time. can anyone advise please or point me in the right direction thank you From what you have posted, it is not possible to offer a considered professional opinion and it seems likely that you have been misinformed. May I suggest that you consult a registered migration agent for advice about visa strategy? Link to comment Share on other sites More sharing options...
newtothis Posted August 17, 2016 Author Share Posted August 17, 2016 thank you, I am currently doing just that in hope to find our what our options are. I feel very lost. I have spent time researching for answers but finding misleading information. its not clear if the 457 via can even just carry on through the new larger business or if its a case of starting again. some sites say that if its the same company and position its fine to just transfer and not have to do the two years again, but others say 2 years start again. Link to comment Share on other sites More sharing options...
Bungo Posted August 17, 2016 Share Posted August 17, 2016 This is your third thread on this topic. As has already been explained, it really has gone beyond the general type of information sharing that the forum is good for. I am still dubious about whether you can change 457 sponsor but still use the transition stream myself. But if you have been told you can, well who by? If it was an agent, why do you not trust them? You mentioned contacting migration agents and filling in questionaires, but this does not feel like a questionaire scenario to me, it sounds like you need to sit down and have a good chat. Link to comment Share on other sites More sharing options...
newtothis Posted August 17, 2016 Author Share Posted August 17, 2016 thanks Bungo, my apologies. I didnt realise there was an issue with me asking advice and if its gone past a questionnaire scenario then maybe im just hoping that someone with experience here may offer an avenue I haven't approached. My initial post was very long and confusing and it was only last night that we were informed by the employer that by waiting six months our case was strengthened. I dont believe I have asked this before. I used this form a lot on our lead up to coming here and have only joined as a new member as i cant find my old log in information. Im pretty sure i would have asked many a quation on similar topics then and never felt I had to justify myself. Im just looking for advise. I thought thats what the site was here to do..offer advise and lend support. Link to comment Share on other sites More sharing options...
ricco56 Posted August 17, 2016 Share Posted August 17, 2016 From what you have posted, it is not possible to offer a considered professional opinion and it seems likely that you have been misinformed. May I suggest that you consult a registered migration agent for advice about visa strategy? I agree completely. There are some fundamental issues to be dealt with in regard to compliance with the existing 457 conditions. These need to be resolved before the transition to a 186/187 visa even becomes a possibility. The consequences for the 457 holder arising from lack of compliance (either accidental or intentional) are far too serious to be resolved in a public forum without all of the relevant information at hand. It is time for the original poster to seek a considered and confidential professional opinion (from a registered provider) based on all aspects of their specific case. Link to comment Share on other sites More sharing options...
newtothis Posted August 17, 2016 Author Share Posted August 17, 2016 Thank you We have managed to speak to immigration today to clarify the situation. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 17, 2016 Share Posted August 17, 2016 Thank youWe have managed to speak to immigration today to clarify the situation. Unfortunately DIBP is known too often to give incorrect or incomplete information. You'd be well-advised to speak with a registered migration agent who will go through your situation in detail and can offer a much better opinion of what your best strategy would be. Link to comment Share on other sites More sharing options...
newtothis Posted August 17, 2016 Author Share Posted August 17, 2016 ah thank you. I hadnt realised that. We are speaking to a couple of migration agents too so hopefully we can get the right answers somehow. Immigration did point me to their webpage criteria and advised that whilst they could offer facts on visas they actually were not allowed to advise. Further advice being taken, thank you Link to comment Share on other sites More sharing options...
Bungo Posted August 17, 2016 Share Posted August 17, 2016 thanks Bungo, my apologies. I didnt realise there was an issue with me asking advice and if its gone past a questionnaire scenario then maybe im just hoping that someone with experience here may offer an avenue I haven't approached. My initial post was very long and confusing and it was only last night that we were informed by the employer that by waiting six months our case was strengthened. I dont believe I have asked this before. I used this form a lot on our lead up to coming here and have only joined as a new member as i cant find my old log in information. Im pretty sure i would have asked many a quation on similar topics then and never felt I had to justify myself. Im just looking for advise. I thought thats what the site was here to do..offer advise and lend support. You are misunderstanding. I am not saying that you need to justify yourself, I am explaining that you are unlikely to find the help you are after on a forum. Indeed this is your third attempt and nobody has been able to assist so far. The chances of somebody popping along who has been in an identical situation are quite slim and the question around company restructures and taking over sponsorships is just not the kind of general knowledge an average poster would have. The majority of my post on PIO have been answering questions on migration, the majority of my 12,000 posts on another forum have been answering migration questions. Accordingly I have a pretty good feel for when the professionals need to be called in and when general comments from forum members are likely to help. My comment was a genuine one, in that I think professional advice is in your best interests. I am not saying that because I don't like you posting here (I just wouldn't read it if that were the case)! Link to comment Share on other sites More sharing options...
newtothis Posted August 18, 2016 Author Share Posted August 18, 2016 Thanks Bungo, I hadnt realised it was unlikely I would find answers on here or I wouldnt have posted!! And also my last post was a question I hadnt asked previously. We are dealing with professionals to figure this out but sometimes its just quick and easy to get an answer here. Thanks for the advise though, much appreciated Link to comment Share on other sites More sharing options...
rammygirl Posted August 19, 2016 Share Posted August 19, 2016 Don't forget to look at all possible options not just 186 visa. Link to comment Share on other sites More sharing options...
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