If you are selling a business that employs workers on 482 visas, the transfer of these employees to the new owner is subject to a number of conditions and requirements.
Here are some of the steps you need to follow to transfer the employees:
- Obtain consent from the employees: Before transferring your employees, it is important to obtain their written consent. This can help to ensure a smooth transition and prevent any potential legal issues.
- Notify the Department of Home Affairs: The buyer of your business must notify the Department of Home Affairs of the change in business ownership and the transfer of the employees.
Find out more at the Department of Home Affairs.
- Transfer the sponsorship: The new business owner must apply to become the sponsor of the employees. This requires the submission of a nomination application and the payment of a fee. Once the sponsorship is approved, the employees’ visas will be transferred to the new sponsor.
- Ensure compliance with visa conditions: The new business owner must ensure that all visa conditions are met and that the employees continue to meet the requirements for the 482 visa. This includes ensuring that the employees are paid the correct salary and working in the nominated occupation.
- Provide evidence of compliance: The new business owner may be required to provide evidence of compliance with the visa conditions, such as payslips, tax records, and employment contracts.
It is important to note that the transfer of 482 visa holders is subject to the rules and regulations of the Department of Home Affairs, and failure to comply with these rules can result in penalties and the revocation of the visas.
It is recommended to seek the assistance of an immigration lawyer or migration agent to ensure that the transfer of the employees is carried out correctly and in accordance with the law.
Other Useful Links:
Temporary Skill Shortage visa (subclass 482) – Medium-term stream
https://www.pocketlegal.com.au/changing-employers-482-visa-nomination-transfer/
