ENS Question

[nick]

Hi agents,

 

Basically the nominating employer has sold 40% of the business to two employees. The business name is still the same as the application and so is the nominated position however the partnership has created a new ABN number.

Employer has emailed immi to notify them of the change but no reply as of yet. If a new nomination is needed due to the new ABN is it possible to transfer the current visa application over to the new nomination application? Currently on a BVA as WHV expired so if a transfer of applications is not possible does this mean submitting the new application offshore is the only option?

 

Any advice on what to do is very much appreciated!

 

Thanks.

[George Lombard]

Hi Nick,

 

Employer should stop trying to do it on the cheap and pay for professional advice relative to the commercial realities of the industry, your occupation and current DIBP processing standards. Anything which doesn't take into account the very real changes inherent in the roadshow presentation mentioned earlier is ultimately a risk for you.

 

Cheers,

 

George Lombard

[Mark Northam]

Hi Nick -

 

George makes a very important point - the legislation and policy related to business that change ownership and/or ABN, etc regarding related companies, etc is complex and not something that can be answered with a quick note on an anonymous forum - the factors involved and the assessment of the business pre-sale and post-sale involves a very careful look at a number of aspects of the business and the owners of the business(es). The employer and/or you have thousands of dollars at stake on a nomination and visa application, which can all end up down the drain if the employer does not correctly navigate the myriad of regulations and DIBP policy that exist in this area. There is simply no shortcut for professional advice given the number of ways this can go wrong.

 

Best,

 

Mark Northam

[nick]

Thank you both for the response! Will either of you be able to have a consultation with either myself or my employer to help with amending the nomination? Or do you know of any other registered agents who have successful experience in situations like this who will be able to assist us further?

 

Thanks.

[George Lombard]

Hi Nick,

 

We advise employers from all over Australia, I'm sure that Mark does too.

 

Cheers,

 

George Lombard

[Mark Northam]

Hi Nick -

 

Would also be happy to see you at a consultation - complete details and booking link on our website listed in my signature. Key issue will be getting the employer on board with this as co-operation of an employer is vital in the nomination process.

 

Best,

 

Mark Northam