457 Sponsorship | Change of Ownership

VisaOne
20 June, 2017

Changes of ownership for a business or changes to a business' structure due to acquisitions and mergers are common. This can result in new accounting structures, trading name changes and new Australian business numbers as a consequence to the change/s.

So what do you do if you have an existing 457 Business Sponsorship, or a 457 visa?

Below are some action points to follow if you are an employer or a 457 Visa holder.

BUSINESS SPONSOR:

  • For changes in trading name, you can complete a change of circumstances form and notify the Department of Immigration of the change (this includes changes to contact details, address or authorised officers)
  • For any ABN change, a new sponsorship application may be required
  • If a new sponsorship application is required, a new nomination will also be required to switch over each 457 visa holder that will be transferred and retained by the new entity

457 VISA HOLDER:

  • For changes in your employer's trading name only, there is no action to take
  • If your employer changes ownership or undergoes an acquisition/merger that results in a new ABN for your employer, you will need to ensure that your employer submits a new 457 nomination for your 457 visa to be transferred from the old entity, to the new one (of course your employer must also obtain a new 457 Business Sponsorship for the new entity)

 

If you require professional assistance with preparing a new 457 Sponsorship and/or a new 457 Nomination due to any changes of ownership or business structure, please email us at solutions@VisaOne.com.au.

If you have an urgent case matter which requires immediate assistance, please call us on 1300 61 99 77 (or +61 7 3181 5588).

*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.

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15 comments on “457 Sponsorship | Change of Ownership”

  1. Good Morning
    Please,My question is:

    I apply for 186 in May 2017 after I have been sponsored under 457 as restaurant manager for more than 2 years..
    my owner sold the restaurant but I was still working there for 2 more years with the new owner and same name of restaurant, but different ABN

    Now, my 186 permanent resident visa has been refused because of the new ABN change. We were never asker for more information to show that i was still working in the same position in the same restaurant ... after that I apply to Appeal It.. after I apply for an appeal, the restaurant that sponsered me closed...

    I'm still waiting for 15 months... my question is: as the resturant is now closed will that effect the appeal or does go back to that time when visa was refused?

    I look forward tohearing from you very soon

    Many thanks

    Reply

  2. I found new employer and they submitted the visa transfer on 11 oct 2018. As per current trend what is the average time immigration team will review/approve the transfer? Also the sponsorship will change the expiry date of VISA ?

    Reply

  3. Hi.
    I have already 457 Visa. I applied 2017 January.
    But now my boss changing company name and ABN.
    What's happening about my Visa?

    Reply

    1. Hi Zurab,
      We have received your enquiry. One of our visa experts will be in touch with you via email. 🙂

      Reply

  4. Hi there,

    My 18mnt 457 Visa is up in June. I am getting pressurised by an immigration agent through my work to submit another 457 application by tomorrow. I am not willing to do so without getting advice from a 3rd party. My occupantion has not been taken off the list - cant i just wait till May and apply for the new TSS Medium Term visa then?

    Regards,

    Reply

  5. HI, I've applied a 457 short term visa, and I'm on a Bridging visa now.
    My boss told me that he is selling the company.
    What happens to my visa if the sells the business before the visa is granted or refused?

    THank you

    Reply

  6. Good day, I am in the process of purchasing a business as the current director has decided to retire. He employs one member of staff as supervisor/manager of the Aircon business which was transferred from a sole trader to a Pty Ltd company in June 2017 at this stage the employee was transferred to a new 457 visa but only for 18 months as the business (new) was lss than 1 year old! it had previously been operating for 20 years and the employee on a 457 has been in his employ for 5+ years. What I am after is;
    1. Do I need to transfer as the sponsor/nominator and;
    2. Will the employee have to re-apply for a new 457 (noting changes due in march 2018) even if the ABN remains the same
    3. Does he have any right to appeal his 457 noting 5+ years employed with the same sponsor however no option of PR due to the change of business types?
    Any help greatly appreciated.

    Reply

  7. Hello everyone, it's been four months since I started working for my employer under Visa 186, I have already paid all immigration fees and almost finished paying my immigration officer.
    Today my immigration officer announces that my employer is changing his ABN and telling me that all the Sponsorship procedure must be start again with the fees for immigration application and for the immigration agency. A lot after already paying more than $ 14,000 I should have to pay between $ 9,000 and $ 10,000. What should I do? Thanks for your help.

    Reply

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