alexstein

So ive been working for my current employer for 3 years and ive been eligible for PR through ENS since last October.

Unfortunately my boss for one reason or not has been slack in running through the ENS side of things due to a possble sale of the business happening.

As of last week it became apparent that the sale of the business is not happening and he is going to be pulling out of the deal.

Due to legal reasons he is having to ditch the old ABN within a few weeks as there may be a legal clam on the trading name by the other company who was taking over the current one.

As things are currently there is an existing ABN which will be trading and which i will be nominated and sponsored through. Hopefully its not viewed as a new start company. Ive been told the ABN is at least 2-3 years old. and essentially its the same company trading under a new ABN and name.

My question now is that he still wants to go down the PR route with me but im not too sure on my options.

I am eligible to apply for a de-facto visa as ive been living with the other half for coming on 2 years in June.

I am also eligible to apply for an onshore last remaining relative visa as all my immediate family are permanent residents.

What would the best way round be on this one?

Thanks,
A

verystormy

First, forget the remaining relative - it takes 16 years to process.

I would speak to a migration agent to get a proffessional opinion on what is th best route. Try Go Matilda

alexstein

Yeah last remaining isn't an options. When i spoke to Immi last week they quoted 13 years.

paddyo

Take the ENS route....once you have it you are PR and can do what you want. Worst case scenario is you leave after getting it and have to pay back some or all of the processing fee.

alexstein

Paddyo,

The issue that i have is that there is a matter of weeks till the current entity that i work under wont be my employer as my boss will have to close down the ABN. He will be re-nominating me under the new business thus i dont think that ENS is valid anymore as ill have to serve another year under the new business.

I am under the impression that once i am on the new 457 with the new entity i can then commence my partner (Defacto) visa.

paddyo

Check with a MARA agent because I was renominated, albeit with the same company, and did my ENS 8 months later. Even though the ABN may change, your role and actual employer hasn't...has it?

Bermudashorts

I think you are right to be worried, well to a point. It is my understanding that you can only go through the transition stream for the ENS visa if you are with the same company with the same ABN. You would need to start the two years again, not just one.

However there is nothing to stop you going through the direct entry stream, other than you probably need to get a skills assessment first, have you looked into that?

I don't understand your comment about the 457 and commencing with the partner visa, I don't see how they are related.

alexstein

If I were to apply for a defacto visa whilst my 457 is still with the old entity what would happen with the bridging visa if the new entity weren't able to nominate for the 457 (not meeting requirements as the business is too new)

Would I need a skills assessment if I'm on a 457 already? I was under the impression that your skills are assessed for this visa so to speak.

alexstein

Ill have a chat with the agent that my parents used for their CPV back in the UK.

Pollyana

If you apply for a de facto visa now you are still covered by the old 457. When the 457 expires or is cancelled (for whatever reason) you go onto a bridging visa until the de facto visa is finalised. No need for a new 457.

alexstein

Would I need to apply for work rights though since technically once my boss releases ownership of the current ABN I wont have a sponsor. He is looking for the easiest options for us in the long run and if at all possible wanted to minimise risks of the nomination under the new ABN failing.

Bermudashorts

Yes that is true, for the *transition stream*, but we have just concluded that you are probably not eligible for the transition stream because of the change in ABN - although do double check this with a migration agent, but it is what I think.

If you cannot go through the transition stream, then you need to go through the direct entry stream and for this stream a skills assessment is required other than for a few exceptions, like for ministers of religion for example.

Pollyana

A change to the Partner Visa rules in the last couple of years means that once you have applied for a Spouse visa you are allowed to work, you don't need to apply and prove hardship as before.

alexstein

Thanks Pollyana.

From the sounds of things I may only have a matter of days to get my app in...... It's skates on with the defacto app

alexstein

I have another question.

The way things are looking i should be able to get all documents and evidence apart from the UK and Australian Police checks and the Medicals by the end of the week.

Can myself and my partner apply for the visa so that I can still be eligible for the bridging visa whilst I am applying for the police checks?