187 Nomination Approved but job terminated

[Arno]

Hi,

I have 187 nomination approved which indicates the company is willing to provide me a on-going employment.

But the ownership of company has recently changed. The new company struggled to apply for 457 approved sponsor because they are a US company which does not have much operation history in Australia. Due to this reason, they have to terminate my employment because they are unable to employ me as my 457 tied to my old company. 

I am thinking to continue applying 187 visa since my nomination has been approved. If the immigration has questions about my employment, I will tell them my side of the story to see if there is a chance of getting the 187 approval. Do you think the immigration will notice my current employment status at the time of processing my 187 application and do you think if there is a chance for the immigration to accept my reason as I am making my best effort to gain a visa so the new company can continue to employ me?

Thank you for your attention.

Regards,

Arno

[Arno]

Also if I am applying offshore, I will not be able to be employed by the new company. Should I do this so that it can be a reason why I am not working for the new company?

[VERYSTORMY]

No. Not only must you be employed, it is even a breach if you do not work for them for 2 years.

I would strongly suggest you speak to a migration agent as your current course of action is not only likely to lead to a refusal but a ban from any other visa.

Do remember that the tax system is correlated with the immigration system.

[Raul Senise]

17 hours ago, Arno said:

Hi,

I have 187 nomination approved which indicates the company is willing to provide me a on-going employment.

But the ownership of company has recently changed. The new company struggled to apply for 457 approved sponsor because they are a US company which does not have much operation history in Australia. Due to this reason, they have to terminate my employment because they are unable to employ me as my 457 tied to my old company. 

I am thinking to continue applying 187 visa since my nomination has been approved. If the immigration has questions about my employment, I will tell them my side of the story to see if there is a chance of getting the 187 approval. Do you think the immigration will notice my current employment status at the time of processing my 187 application and do you think if there is a chance for the immigration to accept my reason as I am making my best effort to gain a visa so the new company can continue to employ me?

Thank you for your attention.

Regards,

Arno

If the new company is operating under a new ABN/ACN then you need to start the whole process again.

There is no negotiating with the Immigration Department to tell them your side of the story. You either meet the criteria for the visa or you do not.

If the company that has your nomination approved still exists, the job is still available and you meet all other criteria, then the application may have a chance of success.

If however, the approved company no longer exists and there is no longer any job available, then the visa application will fail.

Do yourself a huge favour and obtain some professional advice to assess your situation against the Regulations.