Hi there. An Employer Nomination Scheme Visa (subclass 186) is a permanent residency visa that depends on having a specific nominated position. If the nominated position is no longer available (i.e. you have been made redundant), the visa application for permanent residency cannot proceed. If a new employer nominates you in the future, a new application for permanent residency must be lodged. For the Temporary Residence Transition stream under this visa, the minimum requirement of two years’ full-time work will start again.

Note that, under the Skilled Work Visa (subclass 457), you must find another employer to sponsor your 457 visa, apply for another kind of visa, or leave Australia within 90 days, or before your visa expires if it expires in less than 90 days. Once you find a new employer, you can re-apply for the Employer Nomination Scheme Visa (subclass 186).

If you are found to be in breach of the above conditions, you and your sponsor may face consequences, and the Department of Immigration and Border Protection would likely seek to cancel the visa. You should also be honest and open with any government official when making enquiries, as attempting to hide information often leads to visa cancellation as well as exclusion from returning to Australia for certain periods of time.

Suggested way forward

Since it is very important to abide by your visa conditions, you should contact the Department of Immigration and Border Protection (www.border.gov.au) to obtain more information about your rights and restrictions under the two visas. It is also worth speaking to an immigration lawyer about your options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.