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457 employer change while 189 visa in progress


RFV88

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Hi everyone,

My employer is intending to sell their business while I'm on a 457 (issued 18 April 2016) and I currently have a 189 application in progress. I'm hoping some kind person might have some advice for me.

I applied for a 189 visa on 12 November 2018 and was issued with a (currently inactive) BV-A. My employer has informed me of their intention to sell their company before the end of the year, and my visa will have to be transferred as the company will be merge with another (change of ABN etc).

There are two potential scenarios:

The new employer transfers my current 457 visa to their business

  • Will this have any implications for my 189 visa application? What if, for example, my residency is approved prior to the 457 transfer finalisation? Will I lose my residency and be placed back on a 457?!

The new employer decides not to nominate me and my 457 is cancelled

  • Will I move onto the currently inactive BV-A or will that be cancelled too? 
  • If it is also cancelled, is there a way for me to continue to stay in Australia and work while the 189 application is in progress?
  • Are there any implications here for my citizenship eligibility?

Sorry - heaps of questions but this seems like a bit of a mine field so I'd appreciate any guidance.

Thanks in advance,

RV

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