Nil71 Posted July 21, 2018 Share Posted July 21, 2018 20 hours ago, Legend said: I have a question. If the owner sale the business and the new owner with different company name running the same place with same businessĀ will it affect the 187 DE visa application ? Would you mind to give me this ans please Thanks Only mater is trading name need to same as old one ABN NUMBER and company name change is ok not worried ok make sure trading name will is same ok Quote Link to comment Share on other sites More sharing options...
Legend Posted July 21, 2018 Share Posted July 21, 2018 55 minutes ago, Nil71 said: Only mater is trading name need to same as old one ABN NUMBER and company name change is ok not worried ok make sure trading name will is same ok Are you sure?Ā Quote Link to comment Share on other sites More sharing options...
Lalaaus Posted July 21, 2018 Share Posted July 21, 2018 On 18/07/2018 at 18:23, Siddu said: Congratulations mate what is your occupation? Restaurant managerĀ Quote Link to comment Share on other sites More sharing options...
Gazza13 Posted July 21, 2018 Share Posted July 21, 2018 (edited) On 17/04/2018 at 02:19, Prety said: Full time from two years Contact Migration SolutionsĀ in Adelaide, they can appeal the decision.Ā Edited July 21, 2018 by Gazza13 Quote Link to comment Share on other sites More sharing options...
Nadan Posted July 21, 2018 Share Posted July 21, 2018 HiĀ i am new to this forum iļ»æĀ waļ»ænt to share my detailsĀ i have applied as restaurant manager on 28 feb 2018 rcb ,nomination and visa...Ā Rcb approved in 2 days its now nearly been toļ»æĀ 5 month Qualifications: diploma in businessĀ experience: 2 years as manager with same restaurant. ļ»æĀ but from march rules has been change so i am bit worried that is diploma qualifications should be fine. ļ»æĀ and in same restaurant one of my friends applied on 2016 forĀ 457 visa as restaurant manager and he got approval as manager but owner want to apply as 18ļ»æ7 so he has to withdraw his application and on sameļ»ærestaurant i have applied as manager. Ā So that all my history. Plz give some suggestionļ»æļ»æ Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 22, 2018 Share Posted July 22, 2018 9 hours ago, Nadan said: HiĀ i am new to this forum iļ»æĀ waļ»ænt to share my detailsĀ i have applied as restaurant manager on 28 feb 2018 rcb ,nomination and visa...Ā Rcb approved in 2 days its now nearly been toļ»æĀ 5 month Qualifications: diploma in businessĀ experience: 2 years as manager with same restaurant. ļ»æĀ but from march rules has been change so i am bit worried that is diploma qualifications should be fine. ļ»æĀ and in same restaurant one of my friends applied on 2016 forĀ 457 visa as restaurant manager and he got approval as manager but owner want to apply as 18ļ»æ7 so he has to withdraw his application and on sameļ»ærestaurant i have applied as manager. Ā So that all my history. Plz give some suggestionļ»æļ»æ I hope someone who has been in a similar situation will be able to help you. They may need more details of your organisation such as how many employees, annual turn over, etc or you may better contact a registered migration agent.Ā Quote Link to comment Share on other sites More sharing options...
Iloveaus Posted July 22, 2018 Share Posted July 22, 2018 Lets have some good news this upcoming week Amen yarab 3 1 Quote Link to comment Share on other sites More sharing options...
R122 Posted July 23, 2018 Share Posted July 23, 2018 Hi all, Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant. Ā ThanksĀ 2 1 Quote Link to comment Share on other sites More sharing options...
Nil71 Posted July 23, 2018 Share Posted July 23, 2018 On 21/07/2018 at 15:55, Legend said: Are you sure?Ā Yes100% Quote Link to comment Share on other sites More sharing options...
Legend Posted July 23, 2018 Share Posted July 23, 2018 3 hours ago, Nil71 said: Yes100% Mate!! Would u mind to show me the source . Bkz everyone is saying different different things. Thanks Quote Link to comment Share on other sites More sharing options...
Chathu Posted July 23, 2018 Share Posted July 23, 2018 On 20/07/2018 at 08:09, Mila said: Hi everyone,Ā I canāt believe that we have to wait about 24mths to get our PR, itās such a long time! I amĀ still in queue, applied in Feb/2017 as a Childcare teacher. My colleague got her PR granted with 15mths in Jan. Iām 17 mths waiting Anyone from Childcare here?Ā Thanks Itās too bad . Isnāt it . When we Applied the processing time was 14-15 months . So we thought that the time frame which Is applied for our visa . But as you say,itās not .so frustrating.Ā We applied sep 2017 . Child care in NTĀ 1 Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted July 23, 2018 Share Posted July 23, 2018 Hi all, Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant. Ā ThanksĀ Hi there,I applied nominations INR April 2017 and visa in September 2017.I would consider this as mid 2017.No results so far. Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted July 23, 2018 Share Posted July 23, 2018 Hello friends, Can you tell me -Ā : When we talk about the time frame of 24 months do they count from the nomination date or visa applied date?Ā : Also if the company writes a email to the department about the urgent need of employee will that help in faster process or not?Ā Thanks in advanceĀ Rajat BabbarĀ Ā Ā Ā Quote Link to comment Share on other sites More sharing options...
Nil71 Posted July 23, 2018 Share Posted July 23, 2018 5 hours ago, Legend said: Mate!! Would u mind to show me the source . Bkz everyone is saying different different things. Thanks Good afternoon Mr Yogesh, Ā Please find the extract from the DIBP policy advice manual. Employment with the same employer OverviewĀ In order to satisfy the 2 year requirement for the purposes of regulationĀ 5.19(3)(c)(i)(A), nominators must demonstrate that theĀ UC-457Ā visa holder has worked with the same employer for the whole period being considered. The term āemployerā refers to the entity/s that participates in the employer-employee relationship. An entity that changes structure, becoming a new discreet entity, may still be considered the same employer for theUC-457Ā visa holder provided they fall under the parameters outlined inĀ Scenario 3 ā more than one standard business sponsor. There are three scenarios that wouldĀ ordinarily satisfy this criterion: The nominator has been the sole standard business sponsor for the nominee, and the nominee has only worked directly for the nominator for the whole 2 year period being considered. The nominator has been the sole standard business sponsor for the nominee, and the nominee has worked for either a combination of the standard business sponsor and an associated entity/ies of the standard business sponsor or solely for an associated entity of the standard business sponsor (as allowed through theĀ UC-4578107Ā condition). The nominator has not been the sole standard business sponsor for the nominee in the period considered for the 2 year requirement, however the nominee can still be considered to have remained with the same employer. Although there may be other scenarios that satisfy this criterion, policy advice for each of the above scenarios is as follows. Scenario 1 ā one standard business sponsor, no other employers In the instance where the nominator has been the sole standard business sponsor for the nominee, and the nominee has not worked for any other entity at any stage of the 2 year period considered for the 2 year requirement, then this satisfies the āemployment with the same employerā criterion. Scenario 2 ā sole standard business sponsor, but work undertaken with associated entities This includes instances where the nominator has been the sole standard business sponsor for the nominee, but the nominee has undertaken work with other entities. A person holding aĀ UC-457Ā visa granted underĀ 457.223(4)Ā (standard business sponsorship) is permitted to work within the business activities of the entity that sponsored them or within the business activities of an entity related to the nominating entity under the provisions of s50AAA of the Corporations Act. This is based on conditionĀ 8107Ā condition, which would have been applied to theĀ UC-457Ā visa -Ā 8107(3)(a)Ā refers.. For more information on where two entities are associated,Ā refer toĀ Related and associated entities under the Corporations Act. Ā Scenario 3 ā more than one standard business sponsor There may be applications for the Temporary Residence Transition stream where the nominator has not been the nomineeās sole standard business sponsor during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that the nominee has actively performed the duties of the position for the required 2 years despite a change of their employer. This may occur in situations where the current standard business sponsor has undergone business restructure/takeover/sale/closure and may have changed their ABN/ACN/name, which required a new standard business sponsorship approval. That is, there must be some connection between the most recent standard business sponsor and any previous standard business sponsor/s of the nominee to be counted towards the 2 year requirement. When assessing this criterion for cases where there has been more than one standard business sponsor, delegates should consider the following three questions and, if they consider the answers to the three questions to be generally āyesā, may consider this criterion to be met: Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor? Does the nominee report to the same management structures? Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity? The policy intent is to accommodate for UC-457 visa holders that apply for Temporary Residence Transition stream that have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure. Example 1 Jasmine was sponsored for herĀ UC-457Ā visa in September 2012. In January 2013 her employer, Maximum Accounting Pty Ltd, was bought out by Smithās Professionals Pty Ltd. Smithās Professionals and Maximum Accounting are not associated entities. Smithās Professionals applied for and gained a standard business sponsorship for Jasmine and all otherĀ UC-457Ā visa holders who were sponsored by Maximum Accounting. Jasmine continued to work for Smithās Professionals in the same role, with the same duties and in the same workplace. Her reporting lines did not change, however her companyās ABN and name changed. In September 2014 Smithās Professionals lodged a Temporary Residence Transition stream application for Jasmine.Ā The period Jasmine worked for Maximum Accounting would be counted. This is on the basis that Jasmine continued in the same position, performed the same duties and reported to the same management structure with the new entity and that the new entity came about as a direct result of the takeover/sale of the former entity. Example 2 Mr X is nominated under an SBS by Mr AB as a cook in a restaurant that is operated by him as a sole trader, under the trading name of āCurry paradiseā. 6 months into the sponsorship, Mr AB decides to incorporate a company to operate the business, registers a company by the name of AB Pty Ltd and commences operating the business under that entity. The trading name is registered to the company and a sponsorship and nomination are approved. If AB Pty Ltd were to nominate Mr X under the Temporary Residence Transition stream, 15 months after the change in structure, the period Mr X worked for the sole proprietorship would be counted. This is on the basis that the sole proprietorship and the company may be considered to be the same employer of Mr X. Example 3 Mr Z is nominated under an SBS by LNM Pty Ltd for the position of accountant. Mr L is the sole shareholder in LNM Pty Ltd. 1 year later, Mr L decides to sell the business to C Corp Pty Ltd.- under the deal, Mr L is assigned 80% of the shares in C Corp. C Corp is approved as a business sponsor and nominates the position in which Mr Z is employed. 14 months later, C Corp nominates Mr Z under the Temporary Residence Transition stream. The period Mr Z worked for LNM Pty Ltd would be counted on the basis that the 2 entities qualify as the same employer of Mr Z. --Ā Ā 1 Quote Link to comment Share on other sites More sharing options...
sam777 Posted July 23, 2018 Share Posted July 23, 2018 Hi all, Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant. Ā ThanksĀ Not Mid but Nov 2017 Quote Link to comment Share on other sites More sharing options...
Kvv Posted July 23, 2018 Share Posted July 23, 2018 14 hours ago, R122 said: Hi all, Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant. Ā ThanksĀ Applied june 2017 , occupation Accomodation and Hospitality manager nec , haven't heard anything yet!! Quote Link to comment Share on other sites More sharing options...
sam777 Posted July 23, 2018 Share Posted July 23, 2018 Itās too bad . Isnāt it . When we Applied the processing time was 14-15 months . So we thought that the time frame which Is applied for our visa . But as you say,itās not .so frustrating.Ā We applied sep 2017 . Child care in NTĀ As I spoke to immigration last week. A guy said most of the cases open in 12 months of time like a Nomination. 75% cases , 15% cases takes little long and 10% cases are taking too long. It depends upon your application and your occupation. I hope that it might help you guys[emoji4][emoji4][emoji4] 1 1 Quote Link to comment Share on other sites More sharing options...
Stone Posted July 23, 2018 Share Posted July 23, 2018 Hi guys, Do the rsms sponsor need to pay for the employer nomination application fee?which is aboutĀ $560? Quote Link to comment Share on other sites More sharing options...
SineadK Posted July 23, 2018 Share Posted July 23, 2018 4 hours ago, Stone said: Hi guys, Do the rsms sponsor need to pay for the employer nomination application fee?which is aboutĀ $560? Ā 6 hours ago, sam777 said: Ā Ā Not Mid but Nov 2017 Ā Ā Aug 2017 Quote Link to comment Share on other sites More sharing options...
Legend Posted July 23, 2018 Share Posted July 23, 2018 10 hours ago, Nil71 said: Good afternoon Mr Yogesh, Ā Please find the extract from the DIBP policy advice manual. Employment with the same employer OverviewĀ In order to satisfy the 2 year requirement for the purposes of regulationĀ 5.19(3)(c)(i)(A), nominators must demonstrate that theĀ UC-457Ā visa holder has worked with the same employer for the whole period being considered. The term āemployerā refers to the entity/s that participates in the employer-employee relationship. An entity that changes structure, becoming a new discreet entity, may still be considered the same employer for theUC-457Ā visa holder provided they fall under the parameters outlined inĀ Scenario 3 ā more than one standard business sponsor. There are three scenarios that wouldĀ ordinarily satisfy this criterion: The nominator has been the sole standard business sponsor for the nominee, and the nominee has only worked directly for the nominator for the whole 2 year period being considered. The nominator has been the sole standard business sponsor for the nominee, and the nominee has worked for either a combination of the standard business sponsor and an associated entity/ies of the standard business sponsor or solely for an associated entity of the standard business sponsor (as allowed through theĀ UC-4578107Ā condition). The nominator has not been the sole standard business sponsor for the nominee in the period considered for the 2 year requirement, however the nominee can still be considered to have remained with the same employer. Although there may be other scenarios that satisfy this criterion, policy advice for each of the above scenarios is as follows. Scenario 1 ā one standard business sponsor, no other employers In the instance where the nominator has been the sole standard business sponsor for the nominee, and the nominee has not worked for any other entity at any stage of the 2 year period considered for the 2 year requirement, then this satisfies the āemployment with the same employerā criterion. Scenario 2 ā sole standard business sponsor, but work undertaken with associated entities This includes instances where the nominator has been the sole standard business sponsor for the nominee, but the nominee has undertaken work with other entities. A person holding aĀ UC-457Ā visa granted underĀ 457.223(4)Ā (standard business sponsorship) is permitted to work within the business activities of the entity that sponsored them or within the business activities of an entity related to the nominating entity under the provisions of s50AAA of the Corporations Act. This is based on conditionĀ 8107Ā condition, which would have been applied to theĀ UC-457Ā visa -Ā 8107(3)(a)Ā refers.. For more information on where two entities are associated,Ā refer toĀ Related and associated entities under the Corporations Act. Ā Scenario 3 ā more than one standard business sponsor There may be applications for the Temporary Residence Transition stream where the nominator has not been the nomineeās sole standard business sponsor during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that the nominee has actively performed the duties of the position for the required 2 years despite a change of their employer. This may occur in situations where the current standard business sponsor has undergone business restructure/takeover/sale/closure and may have changed their ABN/ACN/name, which required a new standard business sponsorship approval. That is, there must be some connection between the most recent standard business sponsor and any previous standard business sponsor/s of the nominee to be counted towards the 2 year requirement. When assessing this criterion for cases where there has been more than one standard business sponsor, delegates should consider the following three questions and, if they consider the answers to the three questions to be generally āyesā, may consider this criterion to be met: Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor? Does the nominee report to the same management structures? Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity? The policy intent is to accommodate for UC-457 visa holders that apply for Temporary Residence Transition stream that have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure. Example 1 Jasmine was sponsored for herĀ UC-457Ā visa in September 2012. In January 2013 her employer, Maximum Accounting Pty Ltd, was bought out by Smithās Professionals Pty Ltd. Smithās Professionals and Maximum Accounting are not associated entities. Smithās Professionals applied for and gained a standard business sponsorship for Jasmine and all otherĀ UC-457Ā visa holders who were sponsored by Maximum Accounting. Jasmine continued to work for Smithās Professionals in the same role, with the same duties and in the same workplace. Her reporting lines did not change, however her companyās ABN and name changed. In September 2014 Smithās Professionals lodged a Temporary Residence Transition stream application for Jasmine.Ā The period Jasmine worked for Maximum Accounting would be counted. This is on the basis that Jasmine continued in the same position, performed the same duties and reported to the same management structure with the new entity and that the new entity came about as a direct result of the takeover/sale of the former entity. Example 2 Mr X is nominated under an SBS by Mr AB as a cook in a restaurant that is operated by him as a sole trader, under the trading name of āCurry paradiseā. 6 months into the sponsorship, Mr AB decides to incorporate a company to operate the business, registers a company by the name of AB Pty Ltd and commences operating the business under that entity. The trading name is registered to the company and a sponsorship and nomination are approved. If AB Pty Ltd were to nominate Mr X under the Temporary Residence Transition stream, 15 months after the change in structure, the period Mr X worked for the sole proprietorship would be counted. This is on the basis that the sole proprietorship and the company may be considered to be the same employer of Mr X. Example 3 Mr Z is nominated under an SBS by LNM Pty Ltd for the position of accountant. Mr L is the sole shareholder in LNM Pty Ltd. 1 year later, Mr L decides to sell the business to C Corp Pty Ltd.- under the deal, Mr L is assigned 80% of the shares in C Corp. C Corp is approved as a business sponsor and nominates the position in which Mr Z is employed. 14 months later, C Corp nominates Mr Z under the Temporary Residence Transition stream. The period Mr Z worked for LNM Pty Ltd would be counted on the basis that the 2 entities qualify as the same employer of Mr Z. --Ā Ā Thank you mate! I just read the whole things. It s very informative whereas most of us didn't know about that. But the whole thing is about 457 and Transition steam. I applied for 187 DE.Ā Quote Link to comment Share on other sites More sharing options...
Iloveaus Posted July 24, 2018 Share Posted July 24, 2018 10 hours ago, sam777 said: Ā As I spoke to immigration last week. A guy said most of the cases open in 12 months of time like a Nomination. 75% cases , 15% cases takes little long and 10% cases are taking too long. It depends upon your application and your occupation. I hope that it might help you guys Ā Hi fellow mate, Are you saying that 75% of the applications are openened within 12 months? Do you mean visa + nomination if applied together? I dont know if you have looked at the processing times but it says 21-24 months.. so there is still a chance that Ā good percentage of apps get processed out of the processing times? Can you please explain how it can depend on your position? Does that mean some position are processed before others? Were can IĀ check if my positionĀ hasĀ priority over other positions or less priority? Anyone that has any extra info on the matter please kindly advise. Many thanks Quote Link to comment Share on other sites More sharing options...
Deza Posted July 24, 2018 Share Posted July 24, 2018 On 20/07/2018 at 16:49, Legend said: I have a question. If the owner sale the business and the new owner with different company name running the same place with same businessĀ will it affect the 187 DE visa application ? Would you mind to give me this ans please Thanks Hi Legend,Ā i had the same scenario. I applied on 3rd JuneĀ 2016, my employer sold the business in Oct 2017. I was worried but my agent told me that ABN and BUSINESS NAMEĀ shouldn't be changed.Ā and if new owner changes the business name then he needs to apply for new ABN as well. and as soon as ABN change your application will be gone. doesn't matter how strong the business is. so new owner didn't change the name so the ABN.Ā Immi opened my file on 13 JuneĀ 2018 after 24 months and 13 days and they only ask for new Org chart, Job description and any other support letter which I can provide to back up my position. so I submit requested doc with total new staff and owner and chain of command etc on 3 July. 18 JulyĀ they ask for medical and AFP.Ā So my agent then explained to me, it's the business name who sponsor you not the owner. doesn't matter if owner sold the business or leave the business. as long as ABN and business name is the same when you applied until they opened the file.Ā so this is my exact scenario.Ā Hope it will clarify every thing.Ā Thank you 2 Quote Link to comment Share on other sites More sharing options...
Legend Posted July 24, 2018 Share Posted July 24, 2018 1 hour ago, Deza said: Hi Legend,Ā i had the same scenario. I applied on 3rd JuneĀ 2016, my employer sold the business in Oct 2017. I was worried but my agent told me that ABN and BUSINESS NAMEĀ shouldn't be changed.Ā and if new owner changes the business name then he needs to apply for new ABN as well. and as soon as ABN change your application will be gone. doesn't matter how strong the business is. so new owner didn't change the name so the ABN.Ā Immi opened my file on 13 JuneĀ 2018 after 24 months and 13 days and they only ask for new Org chart, Job description and any other support letter which I can provide to back up my position. so I submit requested doc with total new staff and owner and chain of command etc on 3 July. 18 JulyĀ they ask for medical and AFP.Ā So my agent then explained to me, it's the business name who sponsor you not the owner. doesn't matter if owner sold the business or leave the business. as long as ABN and business name is the same when you applied until they opened the file.Ā so this is my exact scenario.Ā Hope it will clarify every thing.Ā Thank you Thanks mate!! I understand what you want to say. But my situation is my owner is selling the business, not the company. The new owner may change the business name and put the business under his company name. But my owner assured me that they not gonna close the company and ABN as well. Can you please enlighten me according to this situation . Thanks Quote Link to comment Share on other sites More sharing options...
tephanie Posted July 24, 2018 Share Posted July 24, 2018 18 minutes ago, Legend said: Thanks mate!! I understand what you want to say. But my situation is my owner is selling the business, not the company. The new owner may change the business name and put the business under his company name. But my owner assured me that they not gonna close the company and ABN as well. Can you please enlighten me according to this situation . Thanks If you continue working for the company with same ABN then you should be alright, but if you going to work for the new business owner (that probably has its own ABN already)Ā then you gonna be in trouble, you need to ask more info to your boss regarding the terms of the sale and i suggest visit your MA. Hope all those changes don't affect your visa tho,,, ALL THE BEST Quote Link to comment Share on other sites More sharing options...
Thecook Posted July 24, 2018 Share Posted July 24, 2018 Is there any approvals for cook recently? Iāve been waiting since January 2017, still waiting for nomination and visa. Quote Link to comment Share on other sites More sharing options...
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