The Visa Overview
For a worker with a Skills in Demand (subclass 482) visa, you can work for an employer for up to 6 months, and it won’t present any major hitches, initially. However, there’s a clincher. If you are applying for a Bridging Visa and it’s being processed at the time that the business is sold, that’s when the issues will come up.
The Bridging Visa | Connecting the Gap
For those who haven’t gone through the process before, the Bridging Visa doesn’t have a separate application and there’s no visa application charge for a bridging visa. A BV, simply put, allows you to remain in Australia whilst a decision is made on your current visa. In this case, it’s your working subclass 482 visa.
Prying into the Problem
Why is the business being sold lead to potential problems to my employment?
Business Entity
The new business, even though it still retains the same name and industry of work, is a new entity as recognised by the Australian government. This means that the business will most likely have a new Australian Business Number (ABN) and Australian Company Number (ACN).
What does this mean for employees?
Transfer of Work
According to the Fair Work Act 2009, employees will continue their service with the new employer who, in turn, must acknowledge the employees’ and their entitlements.
To take a deeper dive, here’s an excerpt from the Fair Work Act 2009 – SECT 311. It reads:
- There is a transfer of business from an employer (the old employer) to another
employer (the new employer) if the following requirements are satisfied:
- The employment of an employee of the old employer has been terminated;
- Within 3 months after the termination, the employee becomes employed by the new employer;
- The work (the transferring work) the employee performs for the new employer is the same, or substantially the same, as the work the employee performed for the old employer;
- There is a connection between the old employer and the new employer as described in sections (3) to (6).
What this essentially means is that once the business is sold, your employment with your previous employer ends. Within a span of 3 months, you become part of the workforce of the new employer.
Why does applying for a Bridging Visa lead to potential problems to your employment?
In the Interim Status
This means that your previous visa is expiring and you’re still waiting for the outcome of your new application. The bridging visa application result is still uncertain and this can hugely impact your employment with the new employer. The Immigration’s decision is yet to be finalised, and it’s either you’ll be working for your new employer, or unfortunately, your work will stop altogether.
Navigating the New
What happens to your visa after the business has been sold?
New Sponsor, New Nomination
If your current application still hasn’t been approved, it’s highly likely you’ll need to reapply for a new 482 visa, and your new employer (and sponsor) will need to lodge a new subclass 482 nomination for you. We’re giving you a gentle heads up about this, it will take a lot of time and may cost you more money.
Important note: If you’re already on the 482 visa and not on a bridging visa, the new employer can link it to your visa. You don’t need to apply for a new one.
Finding Comfort amidst the Changes
We understand that these kinds of situations are not the things that anybody would want to have happen, but unfortunately, they do. We extend our sympathies to anyone going through this transitional period and we would love to help you take action on your circumstance. It’s not your fault, and there are solutions that are possible for you.
Interested in learning more about finding pathways to continue working in Aus? Book a consultation with one of our expert migration agents today!
