If your sponsoring company is being taken over or acquired, you might be wondering — what happens to your 482 visa? It is one of the most stressful situations a sponsored worker can face. The good news is, there are clear steps you can take. Let me walk you through what migration agents across Australia are advising in this exact scenario.
The Scenario: Your Employer Is Being Acquired
Here is a situation that comes up more often than you might think:
Your 482 nomination has been pending for several months with Company A. Then you find out that Company A is being acquired by an overseas company (Company C). The new company has registered with ASIC, but their ABN and ACN are not finalised yet. The transition is expected to be completed soon, and the new company is willing to take you on board for the 482.
So what are the options? Do you withdraw the nomination? Start a new Labour Market Testing (LMT)? Lodge a new Standard Business Sponsorship (SBS)?
Step 1: Let the Original Nomination Run Its Course
The first piece of advice from experienced migration agents is: do not rush to withdraw anything.
If your original 482 nomination application is complete and decision-ready, and it has been pending for several months already, it could be approved any time soon. The smart move is to stay put and let the original nomination proceed to approval.
Once the nomination is approved, you are in a much stronger position to take the next steps.
Step 2: Do a Nomination Transfer After the Takeover
Once the takeover is completed and everything is settled, the process involves:
- Apply for a new Standard Business Sponsorship (SBS) under the new company entity.
- Start the Nomination Transfer process to move your approved nomination from the old sponsor to the new one.
Good news — no new LMT required: You do not need to do new Labour Market Testing (LMT) if the change is a result of a business structure change and the visa holder’s position has not changed. This saves significant time and effort in the process.
What Happens After a Nomination Transfer Is Approved?
There are a few important things to know about how nomination transfers work in practice:
No new visa is issued. For a nomination transfer only, there is no new visa approval or grant. Your existing 482 visa remains valid.
You can start working immediately. Once the nomination transfer is approved, the visa holder can work in the new position straight away. You can also work out any contractual notice period with the previous employer if needed.
Your sponsor should give you a copy of the nomination approval letter. The nomination approval letter specifically states: “As the approved sponsor, it is essential that you provide the nominee with a copy of this letter and the attached nomination approval notice and a copy of the duty statement for the position.”
You can only work for the approved sponsor. After a nomination transfer is approved with the new employer, you can only work for that sponsor. To work for any other employer, a brand new nomination would be needed.
What If the Occupation Changes?
This is an important distinction. If the occupation listed in the new nomination is the same as the one on your original 482 visa, then a nomination transfer is sufficient — no new visa application is needed.
However, if the occupation is different, then the nomination approval alone will not be enough. In that case, you will also need to apply for a new subclass 482 visa.
What If the New Owner Will Not Sponsor You?
Sometimes an acquisition does not go as smoothly. In some cases, the new business owner may not want to continue sponsoring the visa holder.
If you already have an approved nomination and a visa application lodged, the Department is likely to still approve the visa. The new owner may not update the Department right away, so technically the approved nomination is still valid.
However, do not wait around. The applicant should seek a new nominator as soon as possible. Start looking for a new job and a new sponsor immediately — do not delay.
Quick Summary
- Nomination still pending? Let it proceed to approval — do not withdraw.
- Nomination approved, takeover complete? Apply for new SBS, then start Nomination Transfer.
- Same occupation with new employer? Nomination transfer only — no new visa needed.
- Different occupation? New nomination + new 482 visa application required.
- New owner will not sponsor? Visa may still be approved, but start looking for a new sponsor ASAP.
- LMT requirement? No new LMT if it is a business structure change and position is unchanged.
Need Help With Your 482 Visa Situation?
If your sponsoring company is going through a takeover or acquisition, it is important to get the right advice early. Every situation is different, and having a registered migration agent in your corner can make all the difference.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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