Lars

I couldn't follow the above story very well. But referring back to your other thread, I do think you were making a mountain out of a molehill. If the company don't have the extra 4-5 hours to give you, they don't have the hours to give you. I believe you were only being asked to wait a few more weeks for increased hours anyway. Perhaps you are coming across as being "difficult" and that is why the attitude to you has changed? I don't know how you are coming across, so I am not saying that is the explanation, just suggesting you self reflect.

Thanks for your reply! I'm sorry if I didn't explain myself well enough - I'm not the best at typing/explaining When I comes to me asking the management why my contract haven't started, I did of course approach them very carefully just asking to make sure (in the case they genuinely just missed this part of my contract). I didn't make any "fuss' about it and accepted the answer and is happy about waiting another month until my increased hours-permanent role starts.

To your questions in same order:

 

No, so long as you don't quit, I can see no risk to your visa.

 

If they fire you, you look for another job.

Alright, I certainly don't want to cause any ripples on the water - Let alone quit the company! I don't mind the hours at all, I'm just worried (following the history of the company) that they will try to get rid of me as I would cost to much. I thing the root the the issue is that the company seems to have a decline in profit across all the 10+ shops.

As above, I would not recommend you look for another job at the moment, even if it is in the same role. Your visa is at risk if you do not complete (make every effort to complete) two years with your sponsoring employer. This is not like the 457 visa which can be transferred with no implications. - See more at: http://www.pomsinoz.com/forum/migration-issues/209792-worried-about-my-187-visa-employer-help.html#post1936489333

Alright, the thought of starting to look for another job was just an idea in case of i get fired, shop closes down etc. - but if I can't change jobs without implicating my Visa - I will not do this of course.

Hi everyone,

I've have a delicate problem and is somewhat stressed up and worried and need some advice and help please!

I gonna try to cut the story short..:

Last year I secured a job under my working holiday visa as a casual employee as a technician. After working for the company a few months they mentioned the possibilites of them sponsoring me under a RSMS 187 Visa. After reading up and gathering information in regards to visa costs, employment contract etc etc. I went ahead and submitted the visa application - which got accepted in the beginning of this month - YAY!

Now to my concerns. Since the day my visa got accepted, its been a very different tone from the owners. I'm scared and not sure what the hell is going on. A few days after my visa got granted my manager on site changed my roster to reflect the 38 hours per week (up 4-5 hours) as per signed work contract as part of the visa application. The day after this roster change, the owner contacted my manager on site requesting to change my roster back to how it was, and that my 38 hours / permanent role with not start until 1st of may. Even if that in my contract it says that it would trade in effect one my visa 187 is granted.

Slighty confused over this, I made a phone call to the owner in regards to above. She said this was advised by the account of the company due to "book keeping" reasons, advising me to call the regional manager and ask her for further info. I called the regional manager as well, which told me pretty much the same - implying that i should just "leave it". Which I did - i don't really mind waiting another month before getting my permanent role - I just found it strange at that point why what it is stated in the contract is not followed.

Anyway. Now to the weird part. Yesterday I received a written warning (!) that I've "not been following the correct protocols" in regards to some work duties and that "despite talks (with the management) Im still neglecting this procedure".

This is utter b******t and it feels like they are trying to find reasons to punish me, or even fire me

Looking at the history at what have happened inside the company during the time I've worked for them, I should have known better and trusted my gut instinct to not take on a sponsorship with this company.

During the past months they've fired numerous employees for no given reason. And it seems like their targets have been older employees (that cost to much), Australians (knows their rights) and replaced them with young ppl (preferably young backpackers) that work for the absolute minimum. Also, recently an employee with 187 visa got fired for no apparent reason.

There's a lot more to the story in regards to what the company have done.

What shall I do? I'm afraid that they will try to make up another warning to be able to fire me.

Can I loose my 187 visa?

What happens if they fire me?

I can't afford any lawyer in case I'd need one, what can I do?

Can I apply for another job?

If I found another job within the same nominated role, can I change employer without implications? How does it work?

Thanks for reading, I'm sorry for the bad grammar - I'm not a good writer lol!

A company cannot be forced to provide hours to someone if they don't need those hours and no visa rule is going to change that. If you were unlucky you would be on a 457 visa and if they didn't need you to work full time hours they would have to let you go and cancel the visa. You are lucky however, because the 187 visa is permanent and so long as you make every effort to comply your visa is not going to be at risk.

Thanks for the quick reply Rupert.

The company will give 38 hours / permanent position - but not until May (after easter). I just find it strange that they won't do it straight away as per signed contract - shouldn't they be obliged to follow whats stated on the contract?

Hi everyone!

I've been working as an Technician for a company for about 6 months. A couple of months ago I send in my visa 187 sponsor application - which got accepted the 2nd of April (yay!). As a part of my visa application, I signed a work contract with the employer which states the following:

"Please accept this confirmation of our offer of permanent full time employment agreement with xxx Ltd. In this position, you will report to your manager and the Regional Manager (currently xxx xxx).

 

Start Date: This offer of employment comes into effect when subclass 187 visa is approved

 

 

Duration: This offer of employment is for a permanent full time, ongoing and weekly paid position for at least two years with no exclusion to extension under the General Retail Industry Award 2010."

 

Now to the question.. After my visa got accepted the 2nd April, my manager on site changed all the rosters to reflect the 38 hours per week which is the minimum requirement for this visa (up from 32 ish h/week. So far so good.

The day after the roster change, the owner contacted my manager on site advising her to not change my hours and until 1st of May.

I found this a bit strange and contacted the owner which couldn't give me any reason more than its "due to book keeping reasons advised by the accountant". The owner clearly didn't want to talk about it and advised me to call my regional manager, who game me a similar answer.

My question is, can they do this? I've signed a work contract where it clearly states that it would come to effect when my visa has been approved?

Thanks in advance!