iwastakenbytheshadows Posted November 3, 2015 Share Posted November 3, 2015 Hi, I was was wondering if someone would be able to help... My husband is coming up to his 2 years on a 457 in a couple of weeks, but the original sponsor has sold their share of the company. He still works at the same location, same job title, same pay (nothing has changed). 1. How long does his employer have to notify border protection? 2. How long does it take to get the 457 changed to the trading name of the company? 3. Are we able to still apply for 186 in 3 weeks if it isn't changed by then? I would like to stick dynamite up there butts but perhaps it's not necessary? thanks in advance! Link to comment Share on other sites More sharing options...
Nemesis Posted November 3, 2015 Share Posted November 3, 2015 Hi, I was was wondering if someone would be able to help... My husband is coming up to his 2 years on a 457 in a couple of weeks, but the original sponsor has sold their share of the company. He still works at the same location, same job title, same pay (nothing has changed). 1. How long does his employer have to notify border protection? 2. How long does it take to get the 457 changed to the trading name of the company? 3. Are we able to still apply for 186 in 3 weeks if it isn't changed by then? I would like to stick dynamite up there butts but perhaps it's not necessary? thanks in advance! So he is no longer employed by the sponsor? Who is he employed by now? Who is his sponsor? If its not the same company as the original 457 hemay have problems - I'd be calling a registered agent. Link to comment Share on other sites More sharing options...
iwastakenbytheshadows Posted November 3, 2015 Author Share Posted November 3, 2015 I'm sorry your reply has confused me, I think I'm probably best going to an agent to try explain what I mean ?? Visa's confuse the hell out of me! Link to comment Share on other sites More sharing options...
Nemesis Posted November 3, 2015 Share Posted November 3, 2015 I'm sorry your reply has confused me, I think I'm probably best going to an agent to try explain what I mean ?? Visa's confuse the hell out of me! A 457 allows you to work for the sponsoring employer - is he still employed by that sponsor? If not who is he employed by? I think he may have problems if the person/compan named on the original sponsorship is no longer the person/company employing him. You said the sponsor has sold their share of the company = so he needs to make sure that his sponsorship is still good for the 457 before he goes any futher towards PR. Does the company named on the original nomination still exist? Link to comment Share on other sites More sharing options...
Raul Senise Posted November 3, 2015 Share Posted November 3, 2015 Hi, I was was wondering if someone would be able to help... My husband is coming up to his 2 years on a 457 in a couple of weeks, but the original sponsor has sold their share of the company. He still works at the same location, same job title, same pay (nothing has changed). 1. How long does his employer have to notify border protection? 2. How long does it take to get the 457 changed to the trading name of the company? 3. Are we able to still apply for 186 in 3 weeks if it isn't changed by then? I would like to stick dynamite up there butts but perhaps it's not necessary? thanks in advance! It will all depend on the situation and how the business has been restructured. Changing the trading name only is not a big issue, but changing the ABN number of the business can be. If the company has changed ABN then the new entity needs to apply to become a 457 sponsor and also lodge a nomination to transfer your visa to them. This should be done immediately as the work condition on your visa only allows you to work for the sponsoring entity. The time taken will depend on how quickly the new company can arrange the necessary paperwork and apply. Immigration processing times will vary but if done properly you are look at between 4 to 6 weeks. For the 186, you may still be able to claim the full two years with both entities, depending on the situation. You should consider obtaining Professional advice as the situation could easily become problematic if not handled properly. Link to comment Share on other sites More sharing options...
Joy Hay Posted November 4, 2015 Share Posted November 4, 2015 Hi, I was was wondering if someone would be able to help... My husband is coming up to his 2 years on a 457 in a couple of weeks, but the original sponsor has sold their share of the company. He still works at the same location, same job title, same pay (nothing has changed). 1. How long does his employer have to notify border protection? 2. How long does it take to get the 457 changed to the trading name of the company? 3. Are we able to still apply for 186 in 3 weeks if it isn't changed by then? I would like to stick dynamite up there butts but perhaps it's not necessary? thanks in advance! This law around related entities may come into play in your husband's case. As noted in the thread, working in the same job, same location, same pay can give him continuity of two years (for the purposes of eligibility for the Temporary Resident Transition stream) but great care needs to be taken around who will be the sponsoring entity for the 186 and which entity needs to meet the training benchmark. When looking at his two years on the 457 visa, also take into account any unpaid leave periods, the need for licencing or registration in the occupation (if required) and confirming that he has been paid as stated in his nomination. Joy Link to comment Share on other sites More sharing options...
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