roadie3rd Posted January 2, 2013 Share Posted January 2, 2013 Hi all This may take a while to explain but bare with me. My family and I arrived in Perth on 1/12/11, I worked for the employer that brought me here on a 457 for a year pretty much to date, After leaving due to indifferences just before the xmas period i realised it could have been the wrong move. My final pay cheque was on the 15/12/12 which according to the 457 visa I have 28 days to sort something out. Which to my calculation is on 11/01/13. Then i have a further 28 days to notify immigration what im going to do (immigrations words). It also states that the company that brought me over is obligated to pay for our flights home. My first question is Do i have to notify said employer that i want tickets back to the UK by the 11/01/13? to be able to get the tickets home Over the xmas period until today i have been head hunted by 2 potential employers. The problem is one employer has said they can sponser me but will not say how much they can afford to pay me, i have an amount i can afford to stay in perth that i require but they is not sure he can afford it but wont say an amount. The other potential employer has said that my salary im asking for is fair and he may even be able to pay me more but he is unable to sponser me but they have said they may be able to pay for my PR application. But because ive only been in Australia for just over a year in a single employer, am i able to get PR? if so how? I have a degree in product design and work in the building services industry so i was wondering if i can get PR on that. Can someone please help and guide me on how i can resolve this and just get some advice. If you need any more information please ask Thanks Mark Quote Link to comment Share on other sites More sharing options...
Joebloggs Posted January 2, 2013 Share Posted January 2, 2013 Hi all This may take a while to explain but bare with me. My family and I arrived in Perth on 1/12/11, I worked for the employer that brought me here on a 457 for a year pretty much to date, After leaving due to indifferences just before the xmas period i realised it could have been the wrong move. My final pay cheque was on the 15/12/12 which according to the 457 visa I have 28 days to sort something out. Which to my calculation is on 11/01/13. Then i have a further 28 days to notify immigration what im going to do (immigrations words). It also states that the company that brought me over is obligated to pay for our flights home. My first question is Do i have to notify said employer that i want tickets back to the UK by the 11/01/13? to be able to get the tickets home Over the xmas period until today i have been head hunted by 2 potential employers. The problem is one employer has said they can sponser me but will not say how much they can afford to pay me, i have an amount i can afford to stay in perth that i require but they is not sure he can afford it but wont say an amount. The other potential employer has said that my salary im asking for is fair and he may even be able to pay me more but he is unable to sponser me but they have said they may be able to pay for my PR application. But because ive only been in Australia for just over a year in a single employer, am i able to get PR? if so how? I have a degree in product design and work in the building services industry so i was wondering if i can get PR on that. Can someone please help and guide me on how i can resolve this and just get some advice. If you need any more information please ask Thanks Mark Either you get sponsored on another 457 and start from scratch again, or you obtain a skills assessment* and if you qualify apply for PR if you meet the criteria with the hope of getting a bridging visa. * Really are you going to be able to get a skills assessment, lodge and EOI and if invited apply for PR within 28 days? (I guess probably not) Your best chance is 457 again and then reevaluate once you have stability. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 2, 2013 Share Posted January 2, 2013 (edited) As I understand it if you chose to terminate employment then your original employer may not have to pay for flights home, your contract didn't end, and they didn't make you redundant - a hazy area, you may have a fight on your hands with that. You can go for a pr visa at any time. The avenue that is currently closed to you is the ENS visa as you ar no longer employed. This means the general skilled visa is your only option. The trouble is that you are soon goin to be without a valid visa at all, and that must surely be your biggest priority right now. A pr visa is likely to take many months to obtain, likely more than six. So this is not an instant solution for the predicament you are currently in. You will need to have meds, police checks, skills assessments etc etc, you also need to have an occupation on the skills list, with the requsite work experience. I think you have two options really. Return to the UK and see if you can obtain pr through skilled migration, or get another employer fast and enter a new 457 application. If the employer can't do that then Ou have problems because the pr process will take months. I must say that I think it odd that if you have been headhunted that they won't commit to discussing finances. That prob should ring alarm bells that they are not as serious as they seem.... If you want really reliable and accurate advice though I think you should pay a visit to a registered migration agent, particularly as you are running very very short on time. Edited January 2, 2013 by Tickled Pink Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 2, 2013 Share Posted January 2, 2013 Either you get sponsored on another 457 and start from scratch again, or you obtain a skills assessment* and if you qualify apply for PR if you meet the criteria with the hope of getting a bridging visa. * Really are you going to be able to get a skills assessment, lodge and EOI and if invited apply for PR within 28 days? (I guess probably not) Your best chance is 457 again and then reevaluate once you have stability. I agree, with the time available the pr lodgement is going o be extremely difficult... Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 2, 2013 Share Posted January 2, 2013 Speak to a registered migration agent asap Quote Link to comment Share on other sites More sharing options...
blossom Posted January 2, 2013 Share Posted January 2, 2013 I was under the impression that you had to let immigration know as soon as you left your employer.... You might get in a bit of trouble there. But, they will extend the 28 days if they know you have interested employers. Why can't the other one sponsor you? Transferring over a 457 is easier than getting it in the first place. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 2, 2013 Share Posted January 2, 2013 I was under the impression that you had to let immigration know as soon as you left your employer.... You might get in a bit of trouble there. But, they will extend the 28 days if they know you have interested employers. Why can't the other one sponsor you? Transferring over a 457 is easier than getting it in the first place. Agree, I have never heard that one has 28 days to tell immigration, they should have been told much sooner, probably not going to help matters. As it is not going to be possible to get a PR visa within a few weeks, them I agree that OP should focus on getting another 457 visa. Quote Link to comment Share on other sites More sharing options...
roadie3rd Posted January 2, 2013 Author Share Posted January 2, 2013 Agree, I have never heard that one has 28 days to tell immigration, they should have been told much sooner, probably not going to help matters. As it is not going to be possible to get a PR visa within a few weeks, them I agree that OP should focus on getting another 457 visa. I called immigration just before i left employment and asked how long i had before i had to leave to country. They said that my employer had 10 days to lodge the fact i had left their employment, then i had 28 days from my last pay cheque, they then send a letter out after that 28 days saying that our visa had ended and we have 28 days to leave the country or if something is in the process of being completed like going through the process of being employed. This was over the phone from the immigration department so im not sure now after what everyone is saying it could be a case that we will be on our way home in the next couple of weeks Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 2, 2013 Share Posted January 2, 2013 I called immigration just before i left employment and asked how long i had before i had to leave to country.They said that my employer had 10 days to lodge the fact i had left their employment, then i had 28 days from my last pay cheque, they then send a letter out after that 28 days saying that our visa had ended and we have 28 days to leave the country or if something is in the process of being completed like going through the process of being employed. This was over the phone from the immigration department so im not sure now after what everyone is saying it could be a case that we will be on our way home in the next couple of weeks It was the bit where you said you had 28 days to tell immigration what you are planning to do that perhaps caused confusion. I think we had read it that you thought you could leave the employer and do nothing at all for 28 days. On second reading, perhaps you did not say this after all. Quote Link to comment Share on other sites More sharing options...
ali Posted January 2, 2013 Share Posted January 2, 2013 As you've now already left your last employer and received your last pay check from them I would assume their responsibilities as your 457 employer have ceased and you would be lucky to get payment for flights. Good luck with securing another sponsor Quote Link to comment Share on other sites More sharing options...
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