hakan34 Posted September 26, 2018 Share Posted September 26, 2018 Hey Guys, i have a question regarding 187 rsms direct entry. Ive been working for a cafe since last year september and lodged my application last year december rcb approved and my boss is selling the business to someone else and she is willing to takeover the cafe as it is only difference is that abn number. even the cafe trading name will be the same. she is also willing to continue my sponsorship and my position. to sum up that just to owner is changing with a new abn number. would that affect my application? please let me know if anyone has gone through similar situation before. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 26, 2018 Share Posted September 26, 2018 10 hours ago, hakan34 said: Hey Guys, i have a question regarding 187 rsms direct entry. Ive been working for a cafe since last year september and lodged my application last year december rcb approved and my boss is selling the business to someone else and she is willing to takeover the cafe as it is only difference is that abn number. even the cafe trading name will be the same. she is also willing to continue my sponsorship and my position. to sum up that just to owner is changing with a new abn number. would that affect my application? please let me know if anyone has gone through similar situation before. If the ABN number of the business is changing, this will be a serious problem for your application. If you used an Agent for your application advise them of the sale immediately. If you self lodged the application, obtain some professional advice urgently. Quote Link to comment Share on other sites More sharing options...
hakan34 Posted September 26, 2018 Author Share Posted September 26, 2018 This is what my migration agent sent. hope you are well. After careful review of your situation your agent has advised the below, Nominator changes their ABN or ACN Nominators can sometimes change ownership or business structures during the processing of a nomination or visa application which results in a new ABN or ACN. Nominators who obtain a new ABN or ACN are considered to be separate new entities, even if there are no practical differences, for example, the management and business practices remain unaffected. Where the ABN or ACN details specified on the nomination form change, a new nomination must be lodged and the business will need to be reassessed against Regulation 5.19(2)(a). Any associated visa application should be withdrawn and the nominee will need to make a new visa application. This is because the associated nomination will no longer be able to satisfy the visa time of decision criteria 856.221, that an approved nomination continues to satisfy all criteria for approval. A new visa application will be required as a new nomination must be lodged. I called the immigration this morning and explained the situation they said that i just need to fill up 1022 form and send it to nsw.pse@homeaffairs.gov.au They said there is no legislation about changing nba or ownership Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 26, 2018 Share Posted September 26, 2018 The information from your Migration Agent is correct. Be careful accepting advice from the Immigration call centre as they are not qualified to give such advice and are not liable for any of the information they provide. Quote Link to comment Share on other sites More sharing options...
hakan34 Posted September 26, 2018 Author Share Posted September 26, 2018 Does it mean that do i need to start from scratch or is there any other way? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 27, 2018 Share Posted September 27, 2018 You should be speaking with your migration agent as they know the specifics of your case. If they (and Raul has confirmed) that you need to start from scratch, then that's what you need to do. Do NOT take advice from the Immigration help line. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 27, 2018 Share Posted September 27, 2018 6 hours ago, hakan34 said: Does it mean that do i need to start from scratch or is there any other way? You have an Agent who knows all the details of your specific matter and is providing advice. If you don't trust your Agent's advice or would like a second opinion, then I suggest you pay a reputable Agent to review your matter and provide a written opinion. Trying to get advice on such a potentially complex issue, on a public forum or Immigration hotline, based on almost no information, is a recipe for disaster. Quote Link to comment Share on other sites More sharing options...
Dorina Posted February 23, 2019 Share Posted February 23, 2019 Hi Hakan34, I just saw your question. I think Im the same situation and very scared. We applied for 187 in 2017 december as a hairdressers and now I just got to know that my boss change the abn number and owner but he is still doing the business. May I ask what happened with your case and visa ? Thanks in advance Quote Link to comment Share on other sites More sharing options...
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