187 Sponsor Selling Business

[Alexander]

Hello everybody,

 

First time posting here and wondering if anyone has experienced a similar situation.

My partner and I are currently on a BVA for a DE 187 application which we applied for in February this year.  However, the sponsoring Business is listing the business for sale.  We’re not sure how soon it will sell and if it will keep the same ABN, but obviously, we are concerned.  My partner (main applicant) has been approached by a different restaurant that is willing to sponsor her and start a new nomination for the same position as a restaurant manager.

After speaking with the Department, I was informed that two nominations can be lodged at the same time, however, as an applicant it can be tricky, as the 2nd employer would need to have completed the required advertising, received RCB approval and lodged a nomination before we could withdraw the 1st application and apply for the new application.

What mainly concerns us, is that if we were to apply for the new application on our current BVA we would be placed on a BVC. 

This is what is uncharted territory for me, as we would want to avoid going on a Bridging Visa C due to work rights (which can be appealed)  but most importantly the family hardship of not being able to leave the country for almost 2 years while waiting for a decision on the new application.

I think a workaround would be to apply for a tourist visa after withdrawing the initial 187 application and before applying for the new 187, but then we run the risk of receiving a No Further Stay condition on that 600 visa.

After explaining our situation to an agent at the DHA, he suggested contacting nsw.pse@border.gov.au and request priority processing for the initial 187.  He said don't mention the business being for sale, but have a reason to request the priority processing.  That seems like a long shot to me, and I wouldn't even know where to begin.

It all seems a bit too overwhelming, and while hiring a migration agent would be the next step, is it really worth it when 75% of DE applications are getting denied?

  

Also, does anyone have any experience with requesting a refund (form 1424) because of a situation out of the applicant's control, such as the nominating business selling?

Any words of wisdom would be appreciated.

 

Cheers,

Alexander

[jo3lthakid]

Hey guys

 I'm in a similar situation! How did it pan out??

[Isabela]

Hi Alexander, how did things work out? 

[Alexander]

On 12/03/2019 at 20:38, Isabela said:

Hi Alexander, how did things work out? 

 

On 10/03/2019 at 14:38, jo3lthakid said:

Hey guys

 I'm in a similar situation! How did it pan out??

 

Hey there,

 

Sorry for no reply, don't receive notifactions in my email when theres a response.

So long story short.  We withdrew the 187 app.

A migratin agent recommended to apply for a 482 before doing so.  This way we could avoid a Bridging Visa C and be on a substantive visa.

The 482 was approved very quickly (7 days). we aren't sure to why.  But that's what we are on now.  About 1 month into being on the 482, the original 187 nominatino was refused.  We got a hold of their reasoning, which was not a genuine need for the position.  Definitely appealable, but not in our case with the restaurant under a new ABN.  We didn't request a refund and just cut our loses.

Now we are intending to reapply with a new 187 in october before the November 2019 come into effect and the 187 visa closes.

 

Quite a process!