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Facing redundancy on a 457 visa, what do we do?


melbournesunshine

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Any advice from all of you out there?! We came over here from the UK with husband's work September 2011, on a 457, sponsored by the company. This same company has now hit hard times and they're starting to announce redundancy packages. My OH has been told to 'expect the worst'! Another 3 months and we could be applying for PR which means we could both get jobs more easily, but right now I have been struggling to find work and OH has been told (by recruitment agencies) that he's unlikely to find another sponsor (457) and his best chance of finding work is to try to get PR.

If his current company are feeling nice, they may let us stay with the company to see us get PR, but then what? Could we manage to live here with maybe only one salary and scraping the barrel just to get through each day? In the UK without work, we know we could survive for a bit because our mortgage is relatively low whereas staying here, having paid for PR and then having to pay the rent ($500 a week) could be a serious strain on resources and really stressful.

We live in Melbourne and really enjoy it here - our two boys are AFL crazy and love their school, and all the sports on offer here and that makes me really concerned about returning to the UK. I know we used to do lots of sports there too, but the outside life here would be sorely missed by us all. We have no family here and we do miss our friends back in the UK, and the British humour but I feel I would be forever missing Melbourne if we left and I really want us to stay.

But would the stress be worth it? Or could we both get jobs more easily as Permanent Residents? Or does having PR make little impact on the number of job offers?

How can we stop being kicked out of the country? Me and OH both work in magazines/communications/publishing, an area I don't think is very forthcoming with the 457 visas right now! Personally, I'm getting nervous about the UK, just because I really appreciate the space here in Melbourne, the lovely community I belong to and the weather being warmer. Any suggestions about how we can find a solution without putting ourselves in a very stressful financial situation would be so much appreciated.

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I'm so sorry to hear your plight it's a horrendous position to be in. I'm no expert on visa's but from an Employers point of view it would make no sense I would think in carrying on with PR. if they have to make redundancies they would be advised to do it in the cheapest lest costliest way with the least amount if comeback. That would be to dismiss those that can't claim against them first ie Those without the permanent visa. If they gave you PR first then they open themselves up to unfair dismissal claims from you so it just wouldn't make sense for them, it's not them being unkind. Speak with an agent because you may be able to apply for the PR in your own right .Is your Husband Skilled I assume he must be. Good luck x

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It just makes me want to simultaneously weep and bang my head against the wall when I read stories like this. I will never understand why people move their families on a 457 visa when they really want to emigrate.

 

It sounds like it would be tricky to get PR through an employer sponsored visa at the moment, these visas are taking 6 to 9 months and if your company is letting people go, then this is not going to go unnoticed when your case comes up for review.

 

I can only suggest you look into skilled migration.

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Guest The Pom Queen

Really sorry to hear this, I really do hate the 457 visas and what happens in these situations. There have been a number of people in your position and its heartbreaking for the families involved.

Huge hugs :hug:

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Sorry to hear that! It's the nature of temporary visas unfortunately and it may be worth your while to return to UK to regroup as the company should be paying your expenses for relocation. Aus is just following UK footsteps economically and it will probably get worse before it gets better. Perhaps relook at the things you do in Vic and build them (and more generous holidays) into your UK lives and meanwhile start applying for jobs in both places and see what pops up! Like Rupert, uprooting families for temp visas makes me want to weep too! Good luck whichever way it goes!

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It is sad with so much time and effort invested. 457s have a place but are the least best option for folk wanting to remain when/if things go belly up. It seems the 28 day period to obtain another job is or hasn't been enforced to date. That makes for some extra breathing time.

If another job is not forthcoming or the present employer will not allow your OH to complete the extra time needed ( to be honest not sure how likely that would be) would returning and applying for a proper PR visa be too much of a call? Certainly be an expensive option but under circumstances all options may be worthy of consideration.

 

Your story could well assist others with the knowledge of the potential folly of 457s business is so keen to push.

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Not sure if im right here, but your return to the uk, if it should ever came to that, would have to be at the expense of the company as part of the 457. So they could either pay the $600 fee for PR or pay out $$$$$ to return you home.

 

You might want to contact immigration to find out where you stand.

 

Im sorry or your siuation. We came out on a 457 but quickly got PR simply by me throwing my dummy out the cot. The job I got wasnt reflective if what i was interviewed for and hubby couldnt get work.

PR did inprove our situation so i urge u to push for that.

 

What does hubby do? Is there chance of a different sponser?

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Not sure if im right here, but your return to the uk, if it should ever came to that, would have to be at the expense of the company as part of the 457. So they could either pay the $600 fee for PR or pay out $$$$$ to return you home.

 

You might want to contact immigration to find out where you stand.

 

 

Good point - the cost of return flights for 4 may be less than PR sponsorship. If you get employer sponsored PR, the obligation to repatriate is dropped - so cheaper for your employer - a long shot, but worth a punt!

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Not sure if im right here, but your return to the uk, if it should ever came to that, would have to be at the expense of the company as part of the 457. So they could either pay the $600 fee for PR or pay out $$$$$ to return you home.

 

You might want to contact immigration to find out where you stand.

 

Im sorry or your siuation. We came out on a 457 but quickly got PR simply by me throwing my dummy out the cot. The job I got wasnt reflective if what i was interviewed for and hubby couldnt get work.

PR did inprove our situation so i urge u to push for that.

 

What does hubby do? Is there chance of a different sponser?

 

You might not have read the bit about the company hitting hard times and announcing redundancies? The visa takes quite a long time to process so actually they would have to keep hm on and pay salary for a good six months and probably longer which is far more than a visa fee or flights home. The other thing if there is not a genuine need anticipated for three years, they would be lying and most companies do not want to get on the wrong side of immigration.

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Not sure if im right here, but your return to the uk, if it should ever came to that, would have to be at the expense of the company as part of the 457. So they could either pay the $600 fee for PR or pay out $$$$$ to return you home.

 

You might want to contact immigration to find out where you stand.

 

Im sorry or your siuation. We came out on a 457 but quickly got PR simply by me throwing my dummy out the cot. The job I got wasnt reflective if what i was interviewed for and hubby couldnt get work.

PR did inprove our situation so i urge u to push for that.

 

What does hubby do? Is there chance of a different sponser?

 

 

I am currently going for my 457 visa and i have been told that i have got to pay for my flight so am i right in thinking that they should contribute for my flight?, also is there anything else they should supply for me, and what should i contribute to the whole process?

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I am currently going for my 457 visa and i have been told that i have got to pay for my flight so am i right in thinking that they should contribute for my flight?, also is there anything else they should supply for me, and what should i contribute to the whole process?

 

They don't have to pay anything to get you here, you need to negotiate if you want your flights paid.

 

They have to stump up to remove you at the end.

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Dear All, THANK YOU so much for all of your replies - it really makes a difference to hear back from you all.

 

It just makes me want to simultaneously weep and bang my head against the wall when I read stories like this. I will never understand why people move their families on a 457 visa when they really want to emigrate.

 

 

Just for clarification, Rupert, we had no idea we would want to stay here, and emigrating was absolutely NOT on the cards. For starters, when our family arrived here not one of us had ever set foot in Oz, we just thought it would be a fun adventure - which it has been. But now the adventure looks as if its ending pretty soon (2.5 years early!), and we would all like a chance to stay.

However, if it doesn't work out for us here then we'll still have had a great time, and I feel we'll always be grateful for the opportunity to have visited Australia at all. But when I look to the future, particularly for my boys, I see a bright future for them here, so I feel we have to give staying a go, if we possibly can.

I agree with comments on the company holding onto us for much longer being unlikely because it doesn't benefit them financially, maybe I'm being a little too optimistic!

Once again, thanks for reading and responding, it's actually very reassuring to hear your thoughts and get your advice.

Edited by melbournesunshine
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Hi, we are in a similar situation , we came out 2 and a half yrs ago, on a 457, and now we are all settled and wanting to start the PR process, company now decides that profits need to be up and are now asking all regional employees to sell the same amount as city employees(husband is a audiometris) ... not really going to happen with the rebuilding of the towns we live in due to the cyclones and floods this year ! so now we are going to be first out of the door . Luckily we still have a house to go back to in the UK but I feel failed by the company really, we are not on the skills list and the company will not continue to sponsor whilst we do the PR process so looks like we are on borrowed time. Terrible shame , but there is zero we can do . I did wonder if they terminate the employment they have to stump up costs to send you home? Any migration agents know if that's the case?

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Hi, we are in a similar situation , we came out 2 and a half yrs ago, on a 457, and now we are all settled and wanting to start the PR process, company now decides that profits need to be up and are now asking all regional employees to sell the same amount as city employees(husband is a audiometris) ... not really going to happen with the rebuilding of the towns we live in due to the cyclones and floods this year ! so now we are going to be first out of the door . Luckily we still have a house to go back to in the UK but I feel failed by the company really, we are not on the skills list and the company will not continue to sponsor whilst we do the PR process so looks like we are on borrowed time. Terrible shame , but there is zero we can do . I did wonder if they terminate the employment they have to stump up costs to send you home? Any migration agents know if that's the case?

 

 

As I understand it, having gone through the sponsored PR process, if Ou are not on the skills list anymore this option would not have been open to you anyway...

 

I believe if the company makes you redundant on a 457 they are legally obliged to pay your airfare home, but not necessarily shipping - that comes down to goodwill.

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not sure this company is big on good will !! lol . am just having to squirrel away funds to be able to afford furniture etc when we return back to the UK... very hard . Came here thinking about living a dream and now its just a bit of a nightmare ! We have friends here who are going through PR now and they are on the skills list , some win ... some definitely don't.

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not sure this company is big on good will !! lol . am just having to squirrel away funds to be able to afford furniture etc when we return back to the UK... very hard . Came here thinking about living a dream and now its just a bit of a nightmare ! We have friends here who are going through PR now and they are on the skills list , some win ... some definitely don't.

 

Its a hard one for you for sure... yes, you werent the first, and you aren't going to be th last that has the 'living the dream' epiphany... plenty on here do try to be realistic, and warn people it may not be like that, sadly most just don't want to hear it.

 

Hopefully though you adding your bit on here will help someone else consider the very real 'what ifs'.

 

Good luck with everything, I hope it all works out ok. At least it sounds as though you still currently have a job, so can maybe save a bit, and plan - look at possible flights etc. If you have boxes of things to ship back I can highly recommend seven seas, they were great getting our stuff here (flew and shipped numerous boxes of stuff) and they were a good price.

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Any advice from all of you out there?! We came over here from the UK with husband's work September 2011, on a 457, sponsored by the company. This same company has now hit hard times and they're starting to announce redundancy packages. My OH has been told to 'expect the worst'! Another 3 months and we could be applying for PR which means we could both get jobs more easily, but right now I have been struggling to find work and OH has been told (by recruitment agencies) that he's unlikely to find another sponsor (457) and his best chance of finding work is to try to get PR.

If his current company are feeling nice, they may let us stay with the company to see us get PR, but then what? Could we manage to live here with maybe only one salary and scraping the barrel just to get through each day? In the UK without work, we know we could survive for a bit because our mortgage is relatively low whereas staying here, having paid for PR and then having to pay the rent ($500 a week) could be a serious strain on resources and really stressful.

We live in Melbourne and really enjoy it here - our two boys are AFL crazy and love their school, and all the sports on offer here and that makes me really concerned about returning to the UK. I know we used to do lots of sports there too, but the outside life here would be sorely missed by us all. We have no family here and we do miss our friends back in the UK, and the British humour but I feel I would be forever missing Melbourne if we left and I really want us to stay.

But would the stress be worth it? Or could we both get jobs more easily as Permanent Residents? Or does having PR make little impact on the number of job offers?

How can we stop being kicked out of the country? Me and OH both work in magazines/communications/publishing, an area I don't think is very forthcoming with the 457 visas right now! Personally, I'm getting nervous about the UK, just because I really appreciate the space here in Melbourne, the lovely community I belong to and the weather being warmer. Any suggestions about how we can find a solution without putting ourselves in a very stressful financial situation would be so much appreciated.

 

So sorry to hear about your plight. My brother in law works in Melbourne on a 457 and has just been made redundant. It's means both him and his wife have to leave within 28 days. From the 1st July this 28 day ruling stretches to 3 months. My sis in law's company have offered her a 457 but it seems it won't go through in time before they have to leave.

 

If your husbands company hang on until after 1st July I believe you won't have to leave for 3 months which means that you may be able to qualify for a bridging visa until your PR application comes through.

 

It would be worth your while to visit your local DIMIA office........ good luck

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not sure this company is big on good will !! lol . am just having to squirrel away funds to be able to afford furniture etc when we return back to the UK... very hard . Came here thinking about living a dream and now its just a bit of a nightmare ! We have friends here who are going through PR now and they are on the skills list , some win ... some definitely don't.

 

That's what people need to realise though, a 457 is temporary - it is not an automatic right to PR.

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That's what people need to realise though, a 457 is temporary - it is not an automatic right to PR.

Your entitled to your opinion, but thats really not helpful.

 

As far as the PR process (as in the 856), it doesnt take that long. I know many people having gone through the process within a month. Mine took 2 weeks.

 

Have you thought of state sponsership? And have you contacted immigration yet?

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Your entitled to your opinion, but thats really not helpful.

 

 

 

Yes we are all entitled to opinions. But that was not an opinion, it was a fact and was incredibly helpful, if only more people understood this before they decided to uproot for a 457 visa. Certainly I think I would see fewer sad stories on the migration forum.

 

Your speed of processing is utterly irrelevant.

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The issue with going for the PR, is, and i am assuming it is the same as when i did my company sponsored PR a couple of years ago, that the employer has to commit to you being employed for 2 years after the grant.

 

So, getting a PR application in for company sponsored when you are facing redundancy is not an option.

 

If, i were in the OP's shoes, i would, simply take the redundancy and the pay out and flights

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we at least you have 90 days ( unless the made him redundant today ) as from monday it's 90 days..... Get them to fork out flights for at the end of the 90 days, so you at least have 3 months to find something, otherwise a bit of a going away break/holiday and try and make as much of it as possible and try and see all the things you would like to see before leaving Oz...

another possibility - If he's/your occupations are on the skills list use the redundancy money to apply for a skills visa

Best of luck!

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