iKris82 Posted December 11, 2013 Share Posted December 11, 2013 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 Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 11, 2013 Share Posted December 11, 2013 Hello iKris. My immediate reaction is that being remunerated from a company with a different ABN will be problematic insofar as your 186 application is concerned - it implies you are being paid by a different entity to the one which is approved to sponsor your 457 visa. Suggest you check with your HR people ASAP what they are doing about resolving your visa status - you need this to be resolved, otherwise you might be looking to them to facilitate a new 457 visa. Or is the Direct Entry stream of a 186 a possibility if the present application is unsuccessful? Best regards. Quote Link to comment Share on other sites More sharing options...
iKris82 Posted December 11, 2013 Author Share Posted December 11, 2013 Thanks for the reply Alan, HR have provided CO with additional information, I haven't been able to get much more info out of them but will push for some answers. From my understanding of the rules I cannot apply for a new 457 onshore as it has been over 28 days since my previous 457 expired. I also understand that I cannot apply for a de-facto as I no longer hold a substantiate visa (I have an Australian partner and 7 month old child). I'm reluctant to go offshore as my partner and child are my dependents. If the nomination is rejected then my current plan is to apply for 186 direct entry. The company will nominate me again, the only issue there is that I will need a skills assessment completed before I can apply, I've been told not to apply for 186 direct entry without skills assessment in my hand. I'm in the process of getting employment records for the skills assessment and should have those soon. My only issue with 186 direct entry is that skills assessment may not be returned before my 28 days notice are up so I will have to request an extension on bridging visa or request a new bridging visa hopefully on compassionate ground due to my dependents and intention to apply for direct entry. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted December 11, 2013 Share Posted December 11, 2013 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 Not an easy situation but you may still be able to get the nomination approved under the temporary transitional pathway if it can be shown that the two companies are associated entities under Section 50AAA of the Corporations Act. Quote Link to comment Share on other sites More sharing options...
iKris82 Posted December 11, 2013 Author Share Posted December 11, 2013 Thanks ABA, I think that may be what HR are trying to prove to immigration. I spoke to them and apparently they have written correspondence from immigration before the merger took place that any sponsorships would not have to be changed after the merger. I am a little unclear with the structures of the company so hopefully they are correct. Thanks for pointing me in the direction of section 50AAA Quote Link to comment Share on other sites More sharing options...
blossom Posted December 11, 2013 Share Posted December 11, 2013 As far as I know, a partner visa is just about the only one which can be applied for while on a bridging visa. Quote Link to comment Share on other sites More sharing options...
iKris82 Posted December 11, 2013 Author Share Posted December 11, 2013 Bit more info on company structure that I have been able to find out: Company A = Parent company Company B = my company / original 457 sponsors Company C = company that pays wages / has applied for 186 nomination All three companies have different ABNs Company A is the ultimate holding company of Company B & C The legal relationship between B and C can be summarised as follows: - staff performing work on behalf of company B are employed by company C - company C meets employment / obligations required for empliyees - each employee of company c acknowledges and agrees to their employment contract that obligations under their contract extend to all companies (A, B and C). Quote Link to comment Share on other sites More sharing options...
R@z Posted June 5, 2018 Share Posted June 5, 2018 Hi I am also in the same situation, my 186 application is in process and my sponsor merged into different organisation. My work and workplace didn't change and there are no changes in my work structure. I was wondering what was the outcome of your 186 application? Kindly share. Regards R@Z Quote Link to comment Share on other sites More sharing options...
iKris82 Posted June 5, 2018 Author Share Posted June 5, 2018 45 minutes ago, R@z said: Hi I am also in the same situation, my 186 application is in process and my sponsor merged into different organisation. My work and workplace didn't change and there are no changes in my work structure. I was wondering what was the outcome of your 186 application? Kindly share. Regards R@Z Hi R@z, My situation was a few years ago now so things may have changed since then, but it all worked out well in the end and I was granted my 186 visa. Immigration didn't seem to have any issues with my original company being bought out, I remember stressing about it for months but the visa was approved with no further information requested. I left it up to HR to handle it all so don't have many details of what was discussed, the little I remember is that there were several people within the company in my position and that as the merger occurred immigration provided information to the company that our then current visas were still ok and above board. My company was able to refer to this e-mail for my 186 application. It took about 5-6 months from my initial application to the visa being granted and that was quite stressful. The visa portal wasn't very helpful and didn't appear to get updated with any useful information. I remember checking the status every day and I spent a lot of time of the phone to immigration but got little information from them on the status, other than it was in the queue. Then one day I just got an e-mail in my inbox saying it was all approved. I hope that helps, try not to stress too much but I know that's easier said than done when you're waiting each day for approval. From my experience don't expect any useful updates on the status, you may just get an e-mail one day without notice that its been granted. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted June 5, 2018 Share Posted June 5, 2018 16 hours ago, R@z said: Hi I am also in the same situation, my 186 application is in process and my sponsor merged into different organisation. My work and workplace didn't change and there are no changes in my work structure. I was wondering what was the outcome of your 186 application? Kindly share. Regards R@Z It will depend on the structure of the merger and whether the business entity which nominated you continues to exists. You need to speak with your sponsor urgently to make sure all is still in order. Quote Link to comment Share on other sites More sharing options...
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