baggo Posted February 8, 2017 Share Posted February 8, 2017 Hello I'd appreciate some advice on the following. I've done some research but these questions remain unanswered: Will be starting in March sponsored on 457 with 4 year contract I will not be eligible for any PR until passing an exam, expected April 2018 I have in my contract that I can take a 3 month unpaid leave (I am contractor so not paid by them anyway really) - we might need to return to UK for 3 months for obligations with my wife's employment If I take the 3 months unpaid leave and return to the UK during the 2 year period, does this count towards the 2 year minimum requirement prior to 186 ENS application? Can I be in the UK when the 186 ENS is lodged or must I lodge it in Australia? Does the 186 tie me to that employer. I know that it says I must have the intention to stay with them for two years but if circumstances change and I wish to leave (better conditions, worsening professional environment etc) is this OK? Can the sponsor for 186 remove their sponsorship if I were to leave them? Or is the 186 a 'safe' visa where as long as I comply with the 'intention' clause I am free to leave if in good faith I didn't intend to when making the 186 application? Can I apply for a 189 whilst on the 457 (after I pass exam and meet eligibility criteria)? Can I do this from the UK (during said 3 month return)? If the 189 is granted and my 457 is therefore revoked, can I continue on in the employment with the contract I had with my 457 sponsor? Is the employer/employee contract made void if the 457 is revoked even if a new eligible visa takes its place? Thanks for your time. B Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 8, 2017 Share Posted February 8, 2017 Your questions are too wide-ranging and complex for you to expect accurate answers on a public forum' Quote Link to comment Share on other sites More sharing options...
baggo Posted February 8, 2017 Author Share Posted February 8, 2017 OK, sorry. I thought they were reasonably specific. I assume you mean formal advice is necessary? B Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted February 9, 2017 Share Posted February 9, 2017 Hello I'd appreciate some advice on the following. I've done some research but these questions remain unanswered: Will be starting in March sponsored on 457 with 4 year contract I will not be eligible for any PR until passing an exam, expected April 2018 I have in my contract that I can take a 3 month unpaid leave (I am contractor so not paid by them anyway really) - we might need to return to UK for 3 months for obligations with my wife's employment You cannot be a contractor on a subclass 457. If I take the 3 months unpaid leave and return to the UK during the 2 year period, does this count towards the 2 year minimum requirement prior to 186 ENS application? No. Can I be in the UK when the 186 ENS is lodged or must I lodge it in Australia?Does the 186 tie me to that employer. I know that it says I must have the intention to stay with them for two years but if circumstances change and I wish to leave (better conditions, worsening professional environment etc) is this OK? Can the sponsor for 186 remove their sponsorship if I were to leave them? Or is the 186 a 'safe' visa where as long as I comply with the 'intention' clause I am free to leave if in good faith I didn't intend to when making the 186 application? Can I apply for a 189 whilst on the 457 (after I pass exam and meet eligibility criteria)? Can I do this from the UK (during said 3 month return)? If the 189 is granted and my 457 is therefore revoked, can I continue on in the employment with the contract I had with my 457 sponsor? Is the employer/employee contract made void if the 457 is revoked even if a new eligible visa takes its place? As Westley has stated, these questions are too wide ranging and your specific situation will determine how to best proceed. Your situation does not appear straight forward and trying to obtain answers relating to complex issues based on such scant information will most likely lead to problems. Do yourself a favour and obtain some professional advice based on your specific situation. Quote Link to comment Share on other sites More sharing options...
baggo Posted February 9, 2017 Author Share Posted February 9, 2017 Thanks all. Appreciate there is a limit to advice in this format and that something so important requires professional advice. This is just a fishing stage - my 457 is being processed and my brain is moving on to the next stage in fact finding mode. Is it easier to answer these questions: If on a 457 and a 189 is granted can one continue with same employer that sponsored 457 whilst on the new 189? If on a 190 if you or employer terminates contract does the 190 get cancelled in the same was a 189 does? Is there a grace period to allow you to find a new sponsor for the 190? I suppose I'm asking how secure is a 190 as compared to a 189? Sent from my SM-G930F using Tapatalk Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 9, 2017 Share Posted February 9, 2017 Thanks all. Appreciate there is a limit to advice in this format and that something so important requires professional advice. This is just a fishing stage - my 457 is being processed and my brain is moving on to the next stage in fact finding mode. Is it easier to answer these questions: If on a 457 and a 189 is granted can one continue with same employer that sponsored 457 whilst on the new 189? If on a 190 if you or employer terminates contract does the 190 get cancelled in the same was a 189 does? Is there a grace period to allow you to find a new sponsor for the 190? I suppose I'm asking how secure is a 190 as compared to a 189? Sent from my SM-G930F using Tapatalk The very fact that you think a 189 gets cancelled if you leave your employer suggests you need paid professional advice. Quote Link to comment Share on other sites More sharing options...
baggo Posted February 9, 2017 Author Share Posted February 9, 2017 Thank you. That was a typo the line should read 'in the same way a 457 does'. Sent from my SM-G930F using Tapatalk Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted February 9, 2017 Share Posted February 9, 2017 Thanks all. Appreciate there is a limit to advice in this format and that something so important requires professional advice. This is just a fishing stage - my 457 is being processed and my brain is moving on to the next stage in fact finding mode. As per my previous post, I would suggest that there are issues with your 457 as you can not work as a contractor on subclass 457. You should address this serious issue before thinking about anything else. If on a 457 and a 189 is granted can one continue with same employer that sponsored 457 whilst on the new 189? Yes. If on a 190 if you or employer terminates contract does the 190 get cancelled in the same was a 189 does? Is there a grace period to allow you to find a new sponsor for the 190?I suppose I'm asking how secure is a 190 as compared to a 189? As Nemesis has suggested, you should obtain professional advice, as this comment shows that you lack a basic understanding of the system. A subclass 190 is a State sponsored visa. Thank you. That was a typo the line should read 'in the same way a 457 does'. Sent from my SM-G930F using Tapatalk That does not help your comment, it still makes no sense. Quote Link to comment Share on other sites More sharing options...
baggo Posted February 9, 2017 Author Share Posted February 9, 2017 God you are all very touchy. It doesn't hurt to take a breath and be a bit more civil. I do appreciate people's time and energy in replying but it's not a point scoring system. I have a sponsor on the the approved sponsor list, it's a sole trader set up. My comment about the typo does make sense, I was asking if a 190 gets cancelled in the same way a 457 would. The fact I didn't know the answer or that a 190 is state sponsored and not employer sponsored does not mean my question doesn't make sense, just that I didn't have sufficient knowledge, hence the questions! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted February 9, 2017 Share Posted February 9, 2017 God you are all very touchy. It doesn't hurt to take a breath and be a bit more civil. I do appreciate people's time and energy in replying but it's not a point scoring system.I have a sponsor on the the approved sponsor list, it's a sole trader set up. My comment about the typo does make sense, I was asking if a 190 gets cancelled in the same way a 457 would. The fact I didn't know the answer or that a 190 is state sponsored and not employer sponsored does not mean my question doesn't make sense, just that I didn't have sufficient knowledge, hence the questions! I'm not sure why you think I was being touchy, I was just answering your questions. I think maybe you are being a bit touchy. I'm not trying to score points, I am just advising you of incorrect assumptions/statements you have made. If you do not want me (or others) to correct you, I'm not sure how I can help? The fact that your sponsor is approved or is a sole trader does not detract from the fact that you can not work as a contractor on a subclass 457 visa. You must be a direct employee. The responses are not being nasty but in your own best interest. If you have such a fundamental lack of understanding, then trying to get answers on a Public forum will most likely lead to problems for you in the future. We have seen it before (and will see it again). However, no, a subclass 190 can not be cancelled if you lose your job. Quote Link to comment Share on other sites More sharing options...
baggo Posted February 9, 2017 Author Share Posted February 9, 2017 OK, thank you. Quote Link to comment Share on other sites More sharing options...
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