457 & liquidated company...

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Old Nov 8th 2010, 8:52 am
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Default 457 & liquidated company...

I am looking for some advice regarding my 457 visa which began in Jan2009 and is valid until Jan2013.
The company sponsoring me here in Aus went into administration last week then reopened a few days later under new ownership but I am concerned as to a few points.

I have been told by the new owners that this will not affect my visa though I would like to hear this from a more informed source as to whether a new sponsorship will be required.

What possible options I might have if the new company decide not to continue my employment or if I am not comfortable working with the new owners and decide to leave? Might I be able to apply for permanent residency or would I need to find a new sponsor?

I really want to stay here but am unsure if i will be able to stay with this company. Is the 856 visa an option for me??

Any advise is most welcome!

Thanks...
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Old Nov 8th 2010, 8:55 am
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Default Re: 457 & liquidated company...

If I were you I would be putting together a backup plan ASAP
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Old Nov 8th 2010, 8:59 am
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Default Re: 457 & liquidated company...

Originally Posted by man_called_Horse
If I were you I would be putting together a backup plan ASAP
uh-oh....
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Old Nov 8th 2010, 9:11 am
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Default Re: 457 & liquidated company...

Originally Posted by fitzroy1980
I am looking for some advice regarding my 457 visa which began in Jan2009 and is valid until Jan2013.
The company sponsoring me here in Aus went into administration last week then reopened a few days later under new ownership but I am concerned as to a few points.

I have been told by the new owners that this will not affect my visa though I would like to hear this from a more informed source as to whether a new sponsorship will be required.

What possible options I might have if the new company decide not to continue my employment or if I am not comfortable working with the new owners and decide to leave? Might I be able to apply for permanent residency or would I need to find a new sponsor?

I really want to stay here but am unsure if i will be able to stay with this company. Is the 856 visa an option for me??

Any advise is most welcome!

Thanks...
The legal entity that was your sponsor has now ceased to trade. You should check to see if your new owner is already a sponsor, otehrwise, they need to become one.
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Old Nov 8th 2010, 9:30 am
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Default Re: 457 & liquidated company...

I think you should probably get sone professional advice just to be on the safe side.

Sounds like you need to transfer your sponsorship to the new company first of all. Regarding PR what visa do you have in mind? You can't just apply for "PR" you have to applt for a specific visa that offers permanent residency. Assuming you don't qualify for a partner or family related PR visa then you need to either get a skilled migrant visa (which won't be quick and you cannot bridge to) or an employer sponsored PR visa like the 856, however if you are not sure of your future with the company then that probably rules that one out. You do need to talk to the company about your visa status though anyway.
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Old Nov 8th 2010, 10:11 am
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Default Re: 457 & liquidated company...

Hi fitzroy1980
Let me tell you my experience as i have been in the same situation like urs, i see also we have the same age.
I came to australis on a 457 visa that is also valid untill 2013, and when i felt that things were not going well after my company was sold to another i started looking for a new job but was not lucky. So I applied for a 175 visa as a backup plan and few months later i was made redundunt. I could not find another sponsorship in 28 days to i booked to leave australia on the hope that my 175 application will go quick as i already had a CO. well that was more than 6 months ago and iam still waiting for visa. I noticed that my employer did not cancel my 457 visa and dont know if they missed that.
For ur case I guess ur visa will stay valid untill 2013 or untill ur new employer ends ur contract, I guess the new owners retained the company trade name so they wont have to issue u a new visa.
Now for what i think u have to do:
1) check if ur employer can sponsor you for ENS so u will get a bridging visa and u wont care what happens to ur employer or ur contract.
2) if they wont sponsor u and u like to stay then apply for a 175 visa if u qualify for fast processing.
3) start looking for a new sponsor now, it will take long time to find one.
4)last SAVE MONEY, SAVE MONEY, SAVE MONEY
good luck
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Old Nov 8th 2010, 10:40 am
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Default Re: 457 & liquidated company...

Originally Posted by Saracen
Hi fitzroy1980
Let me tell you my experience as i have been in the same situation like urs, i see also we have the same age.
I came to australis on a 457 visa that is also valid untill 2013, and when i felt that things were not going well after my company was sold to another i started looking for a new job but was not lucky. So I applied for a 175 visa as a backup plan and few months later i was made redundunt. I could not find another sponsorship in 28 days to i booked to leave australia on the hope that my 175 application will go quick as i already had a CO. well that was more than 6 months ago and iam still waiting for visa. I noticed that my employer did not cancel my 457 visa and dont know if they missed that.
For ur case I guess ur visa will stay valid untill 2013 or untill ur new employer ends ur contract, I guess the new owners retained the company trade name so they wont have to issue u a new visa.
Now for what i think u have to do:
1) check if ur employer can sponsor you for ENS so u will get a bridging visa and u wont care what happens to ur employer or ur contract.
2) if they wont sponsor u and u like to stay then apply for a 175 visa if u qualify for fast processing.
3) start looking for a new sponsor now, it will take long time to find one.
4)last SAVE MONEY, SAVE MONEY, SAVE MONEY
good luck
Th company doesn't issue the visa, DIAC do that.
And as Jamie said above the priority is that the new company needs to sort out the issue of whether they are already approved as a sponsor and if not, then get themselves approved asap. I'd suggest a consultation with a registered agent asap as well.
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Old Nov 8th 2010, 9:59 pm
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Default Re: 457 & liquidated company...

Originally Posted by Pollyana
Th company doesn't issue the visa, DIAC do that.
And as Jamie said above the priority is that the new company needs to sort out the issue of whether they are already approved as a sponsor and if not, then get themselves approved asap. I'd suggest a consultation with a registered agent asap as well.
I did not say the company issues the visa. True when u are fired the company will inform DIAC that the contract ended, therefore DIAC will send u a letter saying that u have 28 days to leave the country. In my case something went wrong and DIAC did not tell me that my visa will be cancelled so for me 28 days after my last day of work i left the country.
2 days before leaving i actually went to DIAC office to check and they told me that my employer did not tell them the contract ended. Anyway i decided to go away for a holiday as i wait for my application instead of staying and getting into problems.
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Old Nov 9th 2010, 6:11 am
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Default Re: 457 & liquidated company...

[QUOTE=Saracen;8968591]Hi fitzroy1980
I guess the new owners retained the company trade name so they wont have to issue u a new visa.
[QUOTE]

It doesn't matter if the name doesn't change, in law the original company eventually ceases to exist when it is liquidated and struck off the company register.
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