457 Query - Employment References

[KTG1000]

Hi All,

I've been offered a job, subject to successful 457 visa issue.

Just reading the legislation from DIAC, it says they may require an employment reference to substantiate the time I've worked in the role i.e. to prove I am skilled in the occupation..

My issue is that I suspect that ex-employer will be less than helpful and is likely not to respond to me, DIAC or the migration agent. However, I do have my signed contract that confirms the start date, incremental other contracts for the same employer as I was awarded pay rises, and an exit letter from the company that confirms the date I left the business. I can also produce all payslips / P60's for the period that also confirms the employer.

Do you think these might suffice in the absence of a response from the company for a reference?

Many thanks,

[ukmovers]

I think legally they have to provide a letter saying your role and dates you were employed by them at the very least. That might be enough for DIAC. You should request it asap as it will delay things.

[KTG1000]

I think legally they have to provide a letter saying your role and dates you were employed by them at the very least. That might be enough for DIAC. You should request it asap as it will delay things.

Thanks for the reply.

To be frank, I don't want that ex-employer to have anything to do with me, and to know my business going forward - they are not nice people and took great offence when I wanted to leave their employment.

Even if DIAC wrote to them directly, I doubt they would reply. They would categorically not reply to me. I'm not sure who writes to take up the references, is it DIAC, the migration agent or me?

[Jordconcal]

Thanks for the reply.

To be frank, I don't want that ex-employer to have anything to do with me, and to know my business going forward - they are not nice people and took great offence when I wanted to leave their employment.

Even if DIAC wrote to them directly, I doubt they would reply. They would categorically not reply to me. I'm not sure who writes to take up the references, is it DIAC, the migration agent or me?

can you not get one from HR they legally have to give you a referance regardless of how you left the company

[KTG1000]

can you not get one from HR they legally have to give you a referance regardless of how you left the company

I should set the scene..

We are speaking of a small owner managed consultancy. I made them a lot of money over four years, and when I wanted to leave they made life extremely difficult, including their HR function. I do not want them to even be aware I'm trying to go out to Oz. I suspect they are bitter enough still to try and obstruct anything that I wanted.

[Hallfamily]

Did you have to hand your notice in before your visa is approved? I feel my OH will have the same problem as yourself, he has applied for a job last week and if by any chance he gets an interview and gets the job his boss would be very awkward.

[KTG1000]

[QUOTE=Hallfamily;1935823109]Did you have to hand your notice in before your visa is approved? I feel my OH will have the same problem as yourself, he has applied for a job last week and if by any chance he gets an interview and gets the job his boss would be very awkward.[/QUOTE

This was form a previous employer which I resigned from in early 2010..

However, I did speak with the migration agent who my new company in Oz have appointed today. He said that this is a common problem, and if you can supply your contract, a job description for your role, and an exit letter (and possibly all payslips/P60's) then it is likely to be overcome this way instead of a reference.

[Jessie123]

ok! As a HR guru will say that no employer is legally required to give a reference and given the issues stated in previous posts its possibly a good thing. The employer is, however, legally obliged to retain records for 7 years and is obliged to confirm basic information such as length of employment, position etc.

its a common fact that employers, in particular situations, cannot be relied upon to give honest and objective references. do not let this deter you, as advised gather as much info as you can, job description as a start but if you contributed towards strategic plans etc, evidence of this and your achievements, anything basically that supports you even a copy of the reports, plans, anything you produced. Dont be deterred, its actually quite common for employers to refuse to give a reference or even worse give a bad one, most dont because you are legally entitled to see the reference so by all means demand to see it, but most employers and particularly the gob]vernment and visa agency are aware. be honest with them and i belive they will have processes in place to deal with these situations.