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Guest paulf55

Redundancy on 857 visa - Help

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Guest paulf55

Hi All,

 

Due to change of direction of the company I work at, there is a possibility I may be made redundant.

 

Can anyone tell me where i stand with my visa and work rights? Can I get another job in the area whether it is related to the skill I was sponsored for or not?

 

I have been working here 1 year and 8 months, 6 of which have been under the 857 visa. We have settled here and my girlfriend is a director of a child care centre but the visa is in my name so if anything happens obviously she will lose her work rights too!

 

If anyone has gone through this before I would be very grateful if you could share your experience. If anyone knows of a good migration agent to talk to in the brisbane/sunshine coast area it would be appreciated if you could pass on their details.

 

Thanks in advance.

 

Paul

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Hi Paul,

 

I would speak to DIAC, but from what I've been told of the 857 visa you should be ok. The requirement is that you must have made every effort to continue working for your employer for the 2 years - if they make you redundant then that is not your fault and outside your control. It would be the Company that is in breach of the visa obligations as they committed to you having a job for 2 years, so there might be some consequences for them - but not for you.

 

You've got a PR visa, so if you are made redundant where there was nothing you can do, you can go and get a job somewhere else, I wouldn't think it would matter if it was what you were sponsored in or not as that job is no longer available to you.

 

But I'm sure a quick call to immigration would solve this problem for you.

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Do not speak to DIAC before you have formulated a strategy based on sound legal advice. Cheryl Bird who used to post on there is recommended and she is in Brisbane I believe. Think her company is called Oz Migration Agency.


Sandra Maxfield LLB (Hons), BA

www.eurekamigration.com; Lawyer admitted in Victoria, Australia & New York, USA. MARN 1066311

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Hi All,

 

Due to change of direction of the company I work at, there is a possibility I may be made redundant.

 

Can anyone tell me where i stand with my visa and work rights? Can I get another job in the area whether it is related to the skill I was sponsored for or not?

 

I have been working here 1 year and 8 months, 6 of which have been under the 857 visa. We have settled here and my girlfriend is a director of a child care centre but the visa is in my name so if anything happens obviously she will lose her work rights too!

 

If anyone has gone through this before I would be very grateful if you could share your experience. If anyone knows of a good migration agent to talk to in the brisbane/sunshine coast area it would be appreciated if you could pass on their details.

 

Thanks in advance.

 

Paul

 

Form what you posted I advise:

 

Subclass 857 is a permanent resident visa with no conditions imposed.

 

If you leave your employment you will not have a problem with you immigration status or your work rights.

 

You do not have to talk to the DIAC (and don't) a migration agent, or anyone else.

 

Your girlfriend cannot have a visa in your name, presumably she was a secondary applicant on your visa application. The advice above applies to secondary applicants.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest paulf55

Hi All,

 

Thanks for the responses. wrussell, my girlfriend is de facto on my visa and that is why she was worried. Pity you are not in Brisbane or I could visit you. I have seen a few responses in old (2010) posts about not contacting DIAC but I was unsure of why not to contact them. The employer will not contact DIAC as he is the one making the redundancies so I think I am ok to find work elsewhere.

 

Only question is if/when I move to another employer, do I tell them I am a permanent resident and not mention the 2year regional restriction or does that cease now that my employer has broken his contract?

 

I assume that I still have to stay regional in relation to working?

 

Thanks again for your replies, much appreciated.

 

Paul

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