# 457 visa to 186. Sponsor might be going out of business



## ramboalice (Jun 2, 2010)

Hi everyone,

My fiance is currently on a 457 visa, which expires in June 2014. His boss has submitted the 186 nomination about 6 weeks ago. He hasn't heard anything yet from immigration, does it normally take this long?

My question is as follows. My fiance has been working for the same guy for 2 years as a chef. It hasn't been the easiest 2 years here, but we're so close to the finish line. The problem is my fiance suspects the buisness could be on it's knees and may not be around long enough for us to submit our 186 visa if the nomination is approved. What are our options if this happens? Can we still carry on with the visa application if the nom is approved and not tell immi? 

I've heard the 2 years worked "resets" if you leave your current 457 sponsor. My fiance can't face another 2 years slave labour. 

We are kind of scratching our heads here. I'd rather not have to ship out 

Any advice appreciated


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## espresso (Nov 2, 2012)

Hi ramboalice, 

unfortunately you have to be two years with the *same* employer on a 457 to qualify for the ENS via the _Temporary Residence Transition _stream. You can find more information in DIAC Booklet 5. If the business closes before the visa grant, you'll face the following problem: 



> In addition to the employer’s business being legally established, it must also be *actively operating*.


So, actually you are not "safe" after lodgement either. By the way, both he and his employer are obliged to inform DIAC of changes in circumstances and they can still cancel your visa afterwards if they find out that he withheld crucial information. I'm pretty sure that they'd be informed if the company closes down anyway. According to the client service charter, the target processing time for an ENS application is 5-8 months. 

I really feel for you situation, though. It must be frustrating for something like that to come up so close to PR. Have you checked the other options on SkillSelect? Maybe you could qualify as primary applicant for a 189/190/489 visa and include him in the application or the other way round. Your fiance should talk to his employer about the situation and make contingency plans.

Best of luck, 
Monika


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## ramboalice (Jun 2, 2010)

Hi Monika,

Thanks for the quick response!!

My fiance doesn't know for sure if the business is going bust, he's just speculating after witnessing a few things and it's made him think. 

Unfortunately, I have no skils in demand for a visa  so that option is a no go. 

Hopefully everything will be OK and the company survives :fingerscrossed:


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## FleurFace (Feb 29, 2016)

ramboalice said:


> Hi everyone,
> 
> My fiance is currently on a 457 visa, which expires in June 2014. His boss has submitted the 186 nomination about 6 weeks ago. He hasn't heard anything yet from immigration, does it normally take this long?
> 
> ...



Hi there. I know its been a while since you posted this but i am going through the same thing. Can you confirm the outcome?


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## Raj1985 (Nov 16, 2016)

*186*



ramboalice said:


> Hi everyone,
> 
> My fiance is currently on a 457 visa, which expires in June 2014. His boss has submitted the 186 nomination about 6 weeks ago. He hasn't heard anything yet from immigration, does it normally take this long?
> 
> ...


HI,
could you please help me to share your outcome.
Thank you


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## Raj1985 (Nov 16, 2016)

FleurFace said:


> Hi there. I know its been a while since you posted this but i am going through the same thing. Can you confirm the outcome?


HI Fler,
Could you please share your what is the outcome please,


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