Question
Luke is a Polish born, Canadian citizen who arrived in Australia in 2019 on a Student (Subclass 500) visa. Luke speaks English with a strong
Luke is a Polish born, Canadian citizen who arrived in Australia in 2019 on a Student (Subclass 500) visa. Luke speaks English with a strong Polish accent. Luke has not departed Australia since he first arrived on a Student (Subclass 500) visa.
In July 2021, a Sydney-based employer offered him a position as a Digital Advertising Coordinator. The employer was impressed by Luke's background in digital advertising in Canada, where he had amassed over five years of experience. Embracing this opportunity, Luke accepted the offer in July 2021, and started working at what was then known as Crazy Apes Advertising Pty Ltd, and has continued working in the original role, which has largely remained the same until today.
In February 2022, Luke secured a one-year Temporary Skill Shortage (Subclass 482) visa, sponsored by his employer for his role as a Digital Advertising Coordinator. Given that his employer had not previously sponsored an employee, they opted to initially provide sponsorship for one year, and were happy to extend his sponsorship and visa further if all went well. In December 2022 his employer decided to rebrand and transitioned from Crazy Apes Advertising to Gorilla Advertising Pty Ltd. Crazy Apes Advertising Pty Ltd ceased to operate then.
In January 2023, just before Luke's Subclass 482 visa was about to cease, Gorilla Advertising Pty Ltd simultaneously made an application for approval as a Standard Business Sponsor, and an associated nomination for Luke to work in the same position of Digital Advertising Coordinator. The business wanted to continue employing Luke in the role since the quality of his work had been exceptional.
Luke made another Temporary Skill Shortage (Subclass 482) visa application in January 2023 as soon as the new Standard Business Sponsorship application was made. He was in Australia at the time it was made, and was still holding the initial Subclass 482 visa, so he was granted a Bridging Visa A. That Bridging Visa A has now come into effect.
Luke is single, has no children or dependents, and has a clean bill of health. He has no criminal records in Australia or in any other country.
Luke has contacted your office seeking advice in relation to his options for Australian permanent residence. He has the support of his employer. He doesn't like the cold weather in Canada and he doesn't want to live there anymore. He contacts your office to book a consultation in person. In preparation for that consultation you review the Employer Nomination Scheme (Subclass 186) visa and associated legislation and policy, taking into consideration Luke's situation. Please use the Migration Act 1958, Migration Regulations 1994, and any other relevant policies when advising Luke.
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