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Company split - new legal name


Picachu

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The company I am employed with split into 2 entities in 2014 so am now legally employed by a different company. The location of the company, my role and my manager/team - never changed. The new company contains the same name as before but now has a different ending. My contract remained the same as before.

 

My manager’s reference states the old company name (as they are who I started with) but clearly states I am now employed by the new company. His contact details are also under the new company name.

 

The HR reference, is on the new company letterhead, but states I am still under the old company contract (this is the part that confuses me). My P60s for 2014 onwards are headed under the new company name, the ones prior to that are headed under the old company name.

 

I have received a positive ACS skills assessment which lists only the new company name, although part of the experience was with the old company.

 

In my EOI I have only mentioned the new company name. Should I be concerned or would I need to further clarify my case?

 

Thanks in advance!

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Hi Picachu -

 

Thanks for the note. No way to predict with accuracy whether DIBP will need further clarification of the different company work experience listings. I assume the ACS skills assessment listing shows dates for a combined work experience at both companies (but only the new company name). If the HR reference is clear about the split and the payslips are as well, that's likely to satisfy DIBP who primarily looks for evidence of payment at their stage and rarely delves into revisiting the subject of whether the work was relevant to your occupation (although I've seen this happening more and more) if the skills assessor has signed off on the work being skilled and relevant.

 

Main thing I would suggest is making sure that anyone that might be contacted at the current company will be ready to take a call (or site visit) from DIBP and will have the correct information to relay - DIBP is really getting busy with PIC 4020 fraudulent document/inaccurate information allegations re: work experience based on phone interviews with anonymous employees at the company who for one reason or another don't provide the same information as you've claimed in your visa application either about duties/tasks or about the duration of your employment, etc.

 

Best,

 

Mark Northam

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Hi Mark,

 

Thanks for responding. You are correct, my ACS skills assessment contains relevant work experience from both companies – but they list the new company name only.

 

If I may clarify, the company I worked for has split into 2 new companies (both with new legal names). The old company name is not in use anymore. However, my contract has remained under the old company name meaning all my payslips show the old employer details.

 

The HR reference is on company letterhead which displays the new company name. But it then states I am employed by the old company. My manager’s reference is also on company letterhead, showing the new name. It also states that I started working under the old company name and then changed to the new company.

 

There is no issue with DIBP contacting my employer for confirmation. I'm just a bit concerned because of the different names and I thought I could plan ahead to provide further evidence, if required. But from what you’re saying, it sounds as though they would be conducting their own investigation, which is fine by me – perhaps the company can explain all the legal complications better than me!

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