dragana Posted July 25, 2019 Share Posted July 25, 2019 Hi there, I am in the process of 186 permanent residence visa and my employer has informed me 2 weeks ago that the company is going under liquidation. I have been in the country since 2011 and this the third employer closing the company (so I have been on 3 different 457 visas so far). My company owner has started another company and is happy to take me with him and also I have been offered another job from another company. My question is: would anyone know if there is any way to keep my 186 application or do I have to start on new 457 and wait for the whole 2 years again? Has anyone had similar experience?! Thank you so much for answering!!! Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 25, 2019 Share Posted July 25, 2019 The 186 will not be able to continue. Have you looked at independent visas such as a 189 / 190? Quote Link to comment Share on other sites More sharing options...
dragana Posted July 25, 2019 Author Share Posted July 25, 2019 Thanks for the fast reply! I am 46, so I think I am not eligible for 189 or 190? Quote Link to comment Share on other sites More sharing options...
dragana Posted July 25, 2019 Author Share Posted July 25, 2019 if my 186 is canceled now and I start a new job on 457, can I apply again for 186 after 2 years waiting period? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 25, 2019 Share Posted July 25, 2019 (edited) 43 minutes ago, dragana said: Thanks for the fast reply! I am 46, so I think I am not eligible for 189 or 190? You are right, the age cut-off is now 45. I think you need to talk to a good agent to work out what you can do. If there is a way to stay on your existing 457, that would be the best thing, because then you can stay under the old rules and eventually apply for the 186. If you have to start again, you cannot have a 457 because it no longer exists. You will have to take a 482 visa, which has new rules. Under the new rules, you cannot apply for the 186 because you must be under 45. However, even if you can stay on the 457, your employer is not obliged to sponsor you for the 186. Unfortunately, too many employers offer a 457 and pretend they will sponsor you for the 186 but they don't mean it. It is just their way of getting you to work for less money. If he has liquidated his company and is just starting again, he may not be in a financial position to sponsor you in two years time, even if it is possible. Edited July 25, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
dragana Posted July 26, 2019 Author Share Posted July 26, 2019 Unfortunately, my existing 457 will expire soon and I will automatically go to bridging visa before the new employer finishes my 482. Would you know if there is any other way for me to manage and get PR after those 3 years on 482? I am asking because I need any extra information before speaking to my agent. We (my family and me) have been in Australia for nearly 8 years now; 3 different employers closed their business, exactly what you've said ' just their way of getting you to work for less money' and we've been stuck with 457 obligations for all these years... I can't believe the government has made it so difficult for skilled/good people to stay here? There must be something else we can do... I am a civil engineer by profession Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 26, 2019 Share Posted July 26, 2019 2 hours ago, dragana said: Unfortunately, my existing 457 will expire soon and I will automatically go to bridging visa before the new employer finishes my 482. Would you know if there is any other way for me to manage and get PR after those 3 years on 482? I am asking because I need any extra information before speaking to my agent. We (my family and me) have been in Australia for nearly 8 years now; 3 different employers closed their business, exactly what you've said ' just their way of getting you to work for less money' and we've been stuck with 457 obligations for all these years... I can't believe the government has made it so difficult for skilled/good people to stay here? There must be something else we can do... I am a civil engineer by profession As far as I know, there is no way for you to get PR if you are over 45. Why did you not apply for a 189 or 190 visa while you were still under the age limit? Quote Link to comment Share on other sites More sharing options...
dragana Posted July 26, 2019 Author Share Posted July 26, 2019 Because I was 45 already when the 2yrs have passed on 457 do you think we can appeal to immigration, would that help? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 26, 2019 Share Posted July 26, 2019 (edited) 22 minutes ago, dragana said: Because I was 45 already when the 2yrs have passed on 457 do you think we can appeal to immigration, would that help? You have been here 8 years. If you had enough qualifications and experience to apply for a 189 or 190 visa by yourself, you could have done that any time, you did not have to wait for the 186. You would've had to pay for it all yourself. But maybe you did not know that, or maybe your qualifications were not sufficient? Edited July 26, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
dragana Posted July 26, 2019 Author Share Posted July 26, 2019 we didn't... everyone was telling us we have to wait on 457 and 2 years to pass :( I am devasted... Quote Link to comment Share on other sites More sharing options...
Quoll Posted July 26, 2019 Share Posted July 26, 2019 Your employer is still liable to fund your return home on the 457, you need to be sure they will do this and not claim their liquidation status makes it impossible. Quote Link to comment Share on other sites More sharing options...
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