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.
To become an approved employer sponsor to take over a 482 visa holder, a business must:
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Apply to be a Standard Business Sponsor with the Department of Home Affairs
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Demonstrate legal operation and financial viability
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Agree to immigration and employment law duties
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Nominate the employee for an eligible skilled role and meet genuine need and market testing requirements
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Ensure all sponsorship obligations are maintained
This process usually takes several weeks to a few months, depending on the business’s readiness and completeness of documentation.
If you’re buying a business and wish to retain a visa holder, it’s essential to plan for these steps as visa sponsorship does not automatically transfer with business ownership.
Find more information here https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/becoming-a-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.
Does the employee keep their visa if the new owner doesn’t offer them employment?
The employee can keep their 482 visa after the business changes hands, even if the new owner does not wish to employ them; the visa is not automatically cancelled, and only the Department of Home Affairs can cancel a visa.
Key details:
- Visa retention: The visa holder keeps their 482 visa after employment ends, provided they do not breach visa conditions. The new owner cannot cancel the visa, and employment termination alone does not result in cancellation.
- Grace period: The visa holder now has up to 180 days at a time (and up to a cumulative 365 days over their visa) to find a new sponsor, switch to another visa, or leave Australia. During this grace period, they can lawfully remain in Australia and work for other employers, even outside their nominated occupation.
- Obligation to comply: If the visa holder cannot secure a new sponsor or visa by the end of this grace period, their visa may be cancelled by the Department.
- Next steps: The employee should actively seek a new sponsor, apply for a new visa, or prepare to depart before exceeding the permitted period.
Only the Department of Home Affairs can cancel, refuse, or grant visas—not the employer. Loss of sponsorship starts a time limit for the employee to make their next move.
Read More about this on The Fairwork Website here:
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/
