Guest AdelBlue Posted December 11, 2011 Share Posted December 11, 2011 Hi all, I've just registered here and am seeking urgent advice. I have been working in SA since November 2008 (457), changed employer in May 2011, applied for RSMS 857 in June 2011, and was granted the 857 in August 2011. My employer has decided not to continue my appointment beyond my 6 month probation period (Nov 2011). I had submitted a 'Request for Review of the Decision' with the employer (HR; re unjust reasons etc), which was rejected based on me being on a fixed-term contract. I have now received a letter from DIAC with a request to respond (by ~21 Dec 2011) as to why they should not cancel my visa. Has anyone got experience in preparing a response to such a letter from DIAC? I'd appreciate any advice. Many thanks in advance. Cheers. AdelBlue Quote Link to comment Share on other sites More sharing options...
_shel Posted December 11, 2011 Share Posted December 11, 2011 You need a registered migration agents advice ASAP! What on earth have you supposedly done so bad that you wont be going past the probation period? Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 11, 2011 Share Posted December 11, 2011 As an aside, how did DIAC establish that your employment was ending? Best regards. Quote Link to comment Share on other sites More sharing options...
Guest AdelBlue Posted December 11, 2011 Share Posted December 11, 2011 You need a registered migration agents advice ASAP! What on earth have you supposedly done so bad that you wont be going past the probation period? _shel That's a very good question. My boss essentially 'headhunted' me from my previous position due to my skills etc. Due to the nature of their position they also knew me personally for the entire duration of my previous position. Anyway, everything seemed to be going well until 10 days before the end of my probation period, which was the day I was told that this was the end. I then took an employment lawyer and an immigration lawyer. My lawyer has prepared a letter but I'm trying to gather further advice. Quote Link to comment Share on other sites More sharing options...
Guest AdelBlue Posted December 11, 2011 Share Posted December 11, 2011 _shel That's a very good question. My boss essentially 'headhunted' me from my previous position due to my skills etc. Due to the nature of their position they also knew me personally for the entire duration of my previous position. Anyway, everything seemed to be going well until 10 days before the end of my probation period, which was the day I was told that this was the end. I then took an employment lawyer and an immigration lawyer. My lawyer has prepared a letter but I'm trying to gather further advice. Ah, and essentially the reasons for not continuing were deadlines, that apparently I had not passed (which as per my documents were not even due yet) etc. Essentially much of the reasoning was fabricated and simply wrong, which is why I prepared a 'request for review' of the decision. Quote Link to comment Share on other sites More sharing options...
Guest AdelBlue Posted December 11, 2011 Share Posted December 11, 2011 As an aside, how did DIAC establish that your employment was ending? Best regards. Hi, DIAC was notified by my employer, who was under the impression that they had an obligation to let DIAC know. My immigration lawyer told that this was not their obligation. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 12, 2011 Share Posted December 12, 2011 If you have retained the services of an 'immigration lawyer' you should not expect gain much by seeking a second opinion on a public forum. If you insist, you might like to publish the reasons given by the DIAC in the notice of intention to cancel. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.