457 visa - First year earned less than Guaranteed Annual Earnings

[Guest larajs0606]

Hi there

 

Could anybody help with a query regarding my partners 457 visa (I am defacto). We were granted our 457 visa / defacto last year. He is a landscaper and is paid hourly rather than a set monthly wage. On his visa being granted his his 'guaranteed annual earnings' was set at $60,000. He unfortunately earned nearer $40,000 due to lack of work in the very wet summer here in Sydney. He doesn't want to ask his employer to make up the difference as it's not because he was underpaid for work he did it was just that there were long periods where they could not work in the rain, and after when land was water logged so had to dry out first.

 

1) Do immigration monitor people's earnings? If so are we likely to have our visa cancelled?

2) If they don't generally monitor - I was doing our tax returns and to claim my partners Medicare Exemption Certificate he has to send a copy of his Visa where it clearly states what his minimum earnings should be - do ATO report to IMMI if they see people have earned less than they should on their visa?

 

We are very worried that we could loose our visas because the bad weather over the summer stopped him working!!! ... Please can someone shed some light on this as I can't seem to find anything online that states what happens if you earn less than the guaranteed earnings!

 

Thank you :-)

[noworriesmate]

Firstly, welcome to the forum, hopefully you will find plenty of help here.

 

In regards to your question, hopefully someone who knows the ins and outs of that particular visa will be along soon but in my mind I would think you should be fine as you haven't broken any visa conditions. If anything it would be your employer who might have questions raised if they wanted to sponsor other workers and had been shown not to fulfill their obligations.

 

As I say, hopefully someone who can answer for certain will put your mind at rest.

 

All the best

 

NWM

[surflen22]

Just to add to what NWM has said, Government agencies don't tend to talk to each other so the ATO and DIAC are unlikely to share any information unless its part of an investigation - which you'd obviously be aware of!

[Raul Senise]

Hi there

 

Could anybody help with a query regarding my partners 457 visa (I am defacto). We were granted our 457 visa / defacto last year. He is a landscaper and is paid hourly rather than a set monthly wage. On his visa being granted his his 'guaranteed annual earnings' was set at $60,000. He unfortunately earned nearer $40,000 due to lack of work in the very wet summer here in Sydney. He doesn't want to ask his employer to make up the difference as it's not because he was underpaid for work he did it was just that there were long periods where they could not work in the rain, and after when land was water logged so had to dry out first.

 

1) Do immigration monitor people's earnings? If so are we likely to have our visa cancelled?

2) If they don't generally monitor - I was doing our tax returns and to claim my partners Medicare Exemption Certificate he has to send a copy of his Visa where it clearly states what his minimum earnings should be - do ATO report to IMMI if they see people have earned less than they should on their visa?

 

We are very worried that we could loose our visas because the bad weather over the summer stopped him working!!! ... Please can someone shed some light on this as I can't seem to find anything online that states what happens if you earn less than the guaranteed earnings!

 

Thank you :-)

 

You are correct to be concerned.

 

1. DIAC can undertake Monitoring of a Business Sponsor at any time. One of the main things they look at during monitoring is if the sponsored 457 holder is being paid correctly. If they are not DIAC can take a number of actions, including fines to the sponsor, cancellation of their sponsorship, etc. The fact that your partner has not even been paid close to TSMIT is very concerning.

 

 

2. As part of increased Monitoring of 457 sponsors DIAC has advised that they can share information with other Departments such as the ATO.

 

 

The bad weather over summer should not affect the minimum amount your partner earns. As part of the application process, the sponsor would have nominated if the position was full time and how many hours per week would be worked. They can not simply vary this because it has been raining.

 

Hope this information helps, good luck.

[Guest larajs0606]

Thank you all for your comments. I guess I was right to be concerned. The situation is definitely not ideal!

 

Hopefully we won't be investigated and work has since picked up with the very dry winter, and if last year's exceptionally wet summer was a one off then weather shouldn't affect his work as landscape gardener again and he won't have the same problem again.

 

But should he/ his company be investigated and his company has their sponsorship rights taken away, would another company be able to take on his 457 visa?

 

We are very happy with our life here in Australia and would like to eventually gain permanent residency so would be extremely upset if we are forced to leave.

 

Thanks in advance for any more advice! :-)

[berto]

We are on a 457 and what I believe is that they have to pay a minimun of 60 k per year regardless whether or not your husband is working the hours, my husband works as a floor fitter and when it's been quiet his employer has made him do other jobs to make is hours up, the problem is what to do about it, if you made a complaine and he couldn't fulfil the contract you could end up loosing your job and then being sent back to the UK. You might be best to find someone else to sponsor you if hings don't improved,

good luck and hope things improve, it's not easy being on a 457, too many people can be taken advantage off as we have learnt.