457 Visa Tricky situation

[ZULU2000]

Hie guys,so 457 visa holder granted 2016.Worked for initial sponsor for 1 year then changed employers.Worked 2 years with current employer only to findout transfer of sponsorship was never doneas they were preparing nomination for 186 ENS, avisa holder did not notify immigration of change of jobs.

Any advise please,thank you inadvance.

[Marisawright]

So you've been working for another employer illegally all this time?  I'd say the visa holder is in big trouble and needs to hire a good migration agent immediately.

I can't see how the two years with the new employer counts towards a 186 if the 457 was never transferred.

Edited July 11, 2019 by Marisawright

[ZULU2000]

Yes so initoally employer for unkown reason did not withdraw their sponrship,then new employer new the need for spinsorshop transfer for some reason they have no answer as to why this wasnt done genuine technical error as this is a big government department that visa holder works for,So visa holder once got new contract assumed everything had been done.

So whatss the worst that could happen?only 7 months left on the 457?

[Marisawright]

39 minutes ago, ZULU2000 said:

So whatss the worst that could happen?only 7 months left on the 457?

I'm not an expert, but it seems to me that if you're no longer working for the first employer, then you could be accused of fraud for failing to notify immigration that you'd left that employer. You are now working for your new employer illegally because you do not have a visa that allows you to work for that employer.   So in theory, the worst that could happen is that you get deported and banned.

It seems incredible that a government department could get it so wrong, so perhaps there is more to the story than appears from what you've said.

Edited July 11, 2019 by Marisawright

[MaggieMay24]

I don't know if the visa holder needs to notify Immigration of the employer change since they would already be aware of a sponsorship change. 

If the sponsorship change was never done, I think you're in a bit of strife and I'd suggest you immediately contact a migration agent on this.  Unfortunately, it's your responsibility to ensure you only work for the employer who has nominated you, and if you never received confirmation that a sponsorship change has been approved, you should never have left your previous employer.

[Ausvisitor]

5 hours ago, MaggieMay24 said:

I don't know if the visa holder needs to notify Immigration of the employer change since they would already be aware of a sponsorship change. 

If the sponsorship change was never done, I think you're in a bit of strife and I'd suggest you immediately contact a migration agent on this.  Unfortunately, it's your responsibility to ensure you only work for the employer who has nominated you, and if you never received confirmation that a sponsorship change has been approved, you should never have left your previous employer.

Unfortunately MaggieMay is totally correct here; whilst you can't influence others doing their part of the process (lodging the sponsorship change papers) you could have followed the part you are responsible for - which is to only work for the employer that has sponsored you - you would have been made aware that the sponsor change had gone through, and it is your responsibility to make sure the new employer has the approval to sponsor you in hand before you do a minute of work for them.

Essentially you've been working illegally for 2 years.......

Don't try to solve this alone, you'll get tied up in knots, you need to take independent advice from an agent - don't rely on the company to do this properly for you either - they've already proven they can't

I would think that the best you can hope for is that the immigration dept forgives your mistake and grants you a sponsorship for the new employer, however as they can't retrospectively "permission" you for the 2 years you spent working without proper authority to do so, I suspect that the clock on applying to alter to permanent residency would reset to zero on award of the sponsored visa

[ZULU2000]

Thank you ,much appreciated.

[ZULU2000]

7 hours ago, Marisawright said:

I'm not an expert, but it seems to me that if you're no longer working for the first employer, then you could be accused of fraud for failing to notify immigration that you'd left that employer. You are now working for your new employer illegally because you do not have a visa that allows you to work for that employer.   So in theory, the worst that could happen is that you get deported and banned.

It seems incredible that a government department could get it so wrong, so perhaps there is more to the story than appears from what you've said.

The department is trying to establish how this transpired,but i guess this dsnt help the  visa holder at all as they breached their bit too.

[Marisawright]

32 minutes ago, ZULU2000 said:

The department is trying to establish how this transpired,but i guess this dsnt help the  visa holder at all as they breached their bit too.

It's  academic how it transpired really, what they need to do is focus on how to rectify it.