457 to 186

[Nickos]

Hi guys,

Been a silent reader for a while now, and haven’t seen anyone in my situation yet.Applied for both Nomination and 186 Visa on 31 st Jan 2019... but meanwhile the business owner has decided to sell his business.... which is very stressful, as if business is sold, my agent told me that I will have to withdraw my application, and re-apply only if new owner is willing to go ahead (because of change of ABN)..and obviously i will loose all the money I’ve paid for ( over $12000 ) as its for 3 of us (not including medical etc).... .... has anyone of you heard something like this before?

 

thanks for your reply.....

 

Nomination and Visa applied :End of January 2019 (with all documents “medical/police check etc)

 

[Raul Senise]

Unfortunately, this scenario is not uncommon.

If the business is sold and the ABN number changes, the new entity (ABN) will need to first transfer your current 457 or 482 to them and then you will need to lodge a new subclass 186 nomination and visa application.

At the moment, the Regulations for the Employer Nomination pathway make no provisions for the sale of a business during processing.

[Nickos]

Hi Raul, thank you so much for your reply.... just a quick one that I keep thinking of.... what if I personally buy the business....?

[Raul Senise]

8 minutes ago, Nickos said:

Hi Raul, thank you so much for your reply.... just a quick one that I keep thinking of.... what if I personally buy the business....?

This could be problematic as you are likely to face "genuine position" issue when the business applies to sponsor you for a 482  or 186.