Hello,
I need some advice for the 186 transition visa.
My 457 started in Sept 2008 with a previous employer. In August 2011 I changed company / sponsor and had just over two years left on my 457 (expired 8th Sept 2013). The easiest route to PR was the transition stream so me and my nominating company waited until end of August 2013 to apply, therefore meeting the 2 year criteria.
The application and nomination for 186 transition was submitted to immigration on 20 August 2013. A few days ago the CO contacted my company with further questions as they did not believe that the nomination for the 186 was the same company which had sponsored my 457.
My concern is that about not long after I started with my company they got bought out by a larger firm. We contacted immigration at the time asking if the nomination had to be transferred to the new company, they said no because my previous company was still trading under their original ABN and paying my wages. My company was setup as a business unit with the original ABN still in place.
Since then the company that bought us over have slowly been integrating us into the main business, just over a year ago they started paying my wages rather than my business unit, so a different ABN appeared on my payslips. A month before this occurred the main business asked for my 457 visa details but it does not appear that they took over the nomination / sponsor of my visa. They are a large worldwide company so the fact they did not take over my sponsorship suggests that there was no legal requirement to do so as my original business unit ABN and trading name still exist. I am trying to confirm this with HR but the people i previously dealt with have left the company and others are trying to track down the info.
Am i correct in thinking that the nomination for my 186 application will be refused because the change in ABN on my payslips, from what i've read online it may be classed as working for someone other than my sponsor and i would fail the 2 year criteria. Nothing else has changed, i've sat in the same chair at the same desk for over 2 years and my previous business units ABN still exists and is linked to the main business. My 457 has now expired so if the nomination is refused I will have limited options for remaining in Australia. I am not sure of the legal side of things when it comes to mergers, ABNs and buy-outs, i'm hoping that HR and the company legal team would have known what they were doing at the time of acquisition. As i said they are a major world wide firm and HR re-assures me that similar situations have happened before with other 457 visa holders. I am currently preparing for the worst and working on plan B.
Thank you