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Tazzy

ENS 186 TRT - change of business owners, same ABN

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Hi there, 

I'm after some advice please.  I have been sponsored on a 457 visa application since November 2016, and my employer and I have been intending to submit my application for PR via the ENS TRT 186 route for quite some time, however, this still hasn't happened.  I am currently employed in a small legal business and my two bosses were/are the directors of the company.  They are both leaving as they have been offered other jobs within the courts and their intention is to transfer ownership of the company to a different director of another law firm.  It the new directors intention to keep my firm running and operating as it currently is, with the same trading name, ABN, client files, only he will become the director, we will also move offices and be based at the office of his other law firm.  Would someone please advise whether this will impact my 186 visa application?  We wish to submit it ASAP.  I will continue to work on all of my current client files, I will be employed in the same position carrying out the same duties.  I will just have a different boss and change of location. 

The business is small with only 3 of us employed there, however, I am integral to the business as I manage the operation of each of the files, have built strong relationships with each client and know the business inside out, and have done for nearly four years.  

Thank you so much in advance. 

 

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As long as your position is on the long terms skills list, and you meet the other criteria (as do the business) it shouldn’t be a problem. Issues with the ABN are commonly when the business sponsors under the first ABN and then changes it after the nomination/visa is submitted. In such cases the nomination/visa have to be refused and re applied for. 
Make sure before you lodge anything that they won’t be changing the ABN. 
Otherwise the usual advice- use a Mara registered migration agent, not a lawyer etc.

Best of luck


Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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Thank you so much for your response.  My position is no longer on the list but I have been advised that it will be honoured under the grandfathering provision for 457 visa holders.  The new owners intend to keep the business running as it currently is with the same ABN so fingers crossed it all goes well.  Thanks again, I will definitely get advice from a RMA but I was just hoping someone could my mind at ease in the interim 🙂 

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That’s lucky they’ll honour the grandfathering arrangement for your position if it’s been removed. Was it a Mara RMA who gave you that advice? Given there’s a few potential issues here with the business/grandfathering etc as you’ve already said (and I would reiterate) definitely get a RMA to check everything is ok before proceeding. 
There are some good ones who post on here regularly. 


Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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