457 granted for 1.5 years only

[Klaudia]

Hi everyone,

 

Our visa was granted in February 2017 for only 1.5 years. We were very surprised but our agent explained that it is normal because business was treated as a new.

We sent to our migration agent a Support Letter which explain that business has been running for almost 15 years by brothers. Unfortunately, couple of weeks before we applied one of the brothers passed away forcing wife to Business owner to redeem his place. Business name was changed and a new ABN number was given however address, name and operations stay as per normal. 

Probably all financial documents from past years were sent to agent by employer.

My hubby worked there for 3 years at the time when we applied.

 

At the beginning I thought maybe all our paperworks weren't enough to prove it but at the moment I'm pretty sure it was the agent fault.

Unfortunately, I have no idea how to check it. Do you have any ideas how to do it? I wanna make sure everything was uploaded correctly.

 

Why am I thinking this way? 

Our visa expires shortly so I tried to contact our agent. Unfortunately without any results. They don't answer my calls and call me back. It's much more stuff which went wrong after our visa was granted so I've been acting very suspicious now. 

Yesterday I imported the application on Immi Gov. I found out the Agent didn't attached any support documents for the business. It make sense because in August we sent Support Letter to our agent and 2 months after we received questions from a case officer regarding business. Everything what he asked for was included in the support letter. 

 

The Agency charged us a lot and I need to check if they made a mistake or not. 

 

Thanks in advance 

Regards, 

Klaudia

 

[Samson]

So you applied and was granted a visa under the NEW ABN and NEW Company Name? 

If so, then I don't really think it matters how many years the company has been trading in a old name/abn if it had a new ABN and Name then it's surely classed as a new business, especially if one of the directors have changed. 

With that said above then 1.5 Years visa time is correct, Well I assume the CO at the time used their discretion for that duration. 

Also, You have known for the last 15 months your visa has only been valid for 1.5 years and now you want to hassle the MA for errors that may or may not have done over a year ago. I would personally think about moving forward than worrying about what happened in the past. 

Just my 2 cents.  

[Klaudia]

Thanks for your opinion.

That's correct Samson. Unfortunately,  the visa was granted under the new ABN and new name. However, MA had all old documents to upload and it looks like he didn't do it.

You're right. I should chase MA long time ago but when visa was granted I had a lot on my plate. 

My husband was diagnosed with UC and he was in very bad condition. It was such a hard time for us so visa was a last thing to think about it. 

I know it's the best thing but it's not easy to move forward. Belive me our case is so complicated because of this short visa.

 

 

 

[Samson]

I am sure someone with a bit more knowledge on this may pop in tomorrow and help further, however I don't see how uploading old documents that relate to a different company ABN & Name would have helped. - However I would love to be told otherwise. 

I sympathise with your husband's ill health, I hope one of the forums MA will pop in tomorrow and give you some more accurate advice rather then my own opinion

All the best, 

[Klaudia]

Thank you very much Samson.

I appreciate your opinion.

I thought it couldn't be a problem to prove the business is the same but I might be wrong.

Actually, only the part of the name changed but I reckon for CO it looked like a new name. However, structure, location and the rest stayed the same. Except ABN number.

Such a mess. Definitely,  we need more luck in Australia. 

We have been here for almost 5 years and will be so hard to move to Europe again. 

 

[imthedave]

10 hours ago, Klaudia said:

Hi everyone,

 

Our visa was granted in February 2017 for only 1.5 years. We were very surprised but our agent explained that it is normal because business was treated as a new.

We sent to our migration agent a Support Letter which explain that business has been running for almost 15 years by brothers. Unfortunately, couple of weeks before we applied one of the brothers passed away forcing wife to Business owner to redeem his place. Business name was changed and a new ABN number was given however address, name and operations stay as per normal. 

Probably all financial documents from past years were sent to agent by employer.

My hubby worked there for 3 years at the time when we applied.

 

At the beginning I thought maybe all our paperworks weren't enough to prove it but at the moment I'm pretty sure it was the agent fault.

Unfortunately, I have no idea how to check it. Do you have any ideas how to do it? I wanna make sure everything was uploaded correctly.

 

Why am I thinking this way? 

Our visa expires shortly so I tried to contact our agent. Unfortunately without any results. They don't answer my calls and call me back. It's much more stuff which went wrong after our visa was granted so I've been acting very suspicious now. 

Yesterday I imported the application on Immi Gov. I found out the Agent didn't attached any support documents for the business. It make sense because in August we sent Support Letter to our agent and 2 months after we received questions from a case officer regarding business. Everything what he asked for was included in the support letter. 

 

The Agency charged us a lot and I need to check if they made a mistake or not. 

 

Thanks in advance 

Regards, 

Klaudia

 

Exactly the same thing happened to me a few years ago with my first 457.

The SBS sponsorship was only granted for 2 years and the 457 only granted for 18months. There was nothing that could be done because the business had to be operating for more than 2 years (have 2 full years financial statements)

It all worked out for me though. 6 months before the first one expired I applied for a renewal and the SBS came back for 5 years and the 457 for 4 years.

Ive since gone on and got my PR now so don’t worry, it’s normal and doesn’t mean there’s an issue other than they consider the business ‘new’. Whether you’re entitled to go on later for a 2 or 4 year 457 (or new visa type now) will depend on the position.

In my case it was a brand new company set up as a subsidiary branch of an overseas business 

[Klaudia]

10 hours ago, imthedave said:

Exactly the same thing happened to me a few years ago with my first 457.

The SBS sponsorship was only granted for 2 years and the 457 only granted for 18months. There was nothing that could be done because the business had to be operating for more than 2 years (have 2 full years financial statements)

It all worked out for me though. 6 months before the first one expired I applied for a renewal and the SBS came back for 5 years and the 457 for 4 years.

Ive since gone on and got my PR now so don’t worry, it’s normal and doesn’t mean there’s an issue other than they consider the business ‘new’. Whether you’re entitled to go on later for a 2 or 4 year 457 (or new visa type now) will depend on the position.

In my case it was a brand new company set up as a subsidiary branch of an overseas business 

Thank you for your message Imthedave.

So happy for you that you got your PR after all. 

I wish we could apply for a renewal but it's not that easy. My husband was diagnosed with UC, even really bad symptoms he managed to work full time, but his employer expected of him to work more because he "gave us 457 visa". Unfortunately treatment didn't work out and in the middle of March my husband was hospitalised. He had a proctocolectomy and he is recovering now. He might go back to work in July. I talked to my hubby employer and he is not willing to apply for a renewal. Another thing is, as far as I know he hasn't paid for sponsorship training.

The only option is to look for another sponsor but it is not easy, though.

 

[Quoll]

1 hour ago, Klaudia said:

Thank you for your message Imthedave.

So happy for you that you got your PR after all. 

I wish we could apply for a renewal but it's not that easy. My husband was diagnosed with UC, even really bad symptoms he managed to work full time, but his employer expected of him to work more because he "gave us 457 visa". Unfortunately treatment didn't work out and in the middle of March my husband was hospitalised. He had a proctocolectomy and he is recovering now. He might go back to work in July. I talked to my hubby employer and he is not willing to apply for a renewal. Another thing is, as far as I know he hasn't paid for sponsorship training.

The only option is to look for another sponsor but it is not easy, though.

 

He is obliged to pay for your fares back home though as your other, perhaps most realistic, option. 

[Raul Senise]

On 20/05/2018 at 15:48, Klaudia said:

Our visa was granted in February 2017 for only 1.5 years. We were very surprised but our agent explained that it is normal because business was treated as a new.

We sent to our migration agent a Support Letter which explain that business has been running for almost 15 years by brothers. Unfortunately, couple of weeks before we applied one of the brothers passed away forcing wife to Business owner to redeem his place. Business name was changed and a new ABN number was given however address, name and operations stay as per normal. 

Probably all financial documents from past years were sent to agent by employer.

My hubby worked there for 3 years at the time when we applied.

 

At the beginning I thought maybe all our paperworks weren't enough to prove it but at the moment I'm pretty sure it was the agent fault.

Unfortunately, I have no idea how to check it. Do you have any ideas how to do it? I wanna make sure everything was uploaded correctly.

 

Why am I thinking this way? 

Our visa expires shortly so I tried to contact our agent. Unfortunately without any results. They don't answer my calls and call me back. It's much more stuff which went wrong after our visa was granted so I've been acting very suspicious now. 

Yesterday I imported the application on Immi Gov. I found out the Agent didn't attached any support documents for the business. It make sense because in August we sent Support Letter to our agent and 2 months after we received questions from a case officer regarding business. Everything what he asked for was included in the support letter. 

 

The Agency charged us a lot and I need to check if they made a mistake or not. 

 

If the ABN number changed, then Department would have treated it like anew business, irrespective of how long they operated under the old ABN.

Back then, the visa would have only been granted for 1.5 years, irrespective of wheat documents were provided for the old business.