457 - a warning

[Rupert]

Thanks for all your comments. It has been a really difficult week - not least because we had everything prepared for the move - house about to be rented - kids out of school, both given up jobs. I am sure what they have done is illegal as we had signed a job offer. All the Skype interviews my husband had undertaken - the two medicals he'd gone for and the paperwork we'd filled in. What's more galling is they were playing for flights, shipping, temporary accommodation - the whole kabuddle and that has now gone too.

 

Do you think we could take some sort of legal action?

 

Once again thanks for your comments.

 

SeadogSal

 

It is not illegal to withdraw a job offer.

 

Companies cannot be forced to keep people on if they no longer need that position.

 

I would find out about notice pay entitlements, but there would only be a couple of weeks pay in there at best I would think, but it is something. Have you asked about notice pay yet?

 

Your offer was presumably conditional anyway, as the visa was not in place? If it had been refused you would be in an equally sticky situation re schools, jobs and I think it would be futile to push "legal action" on the basis of the huge inconvenience this has caused as they might say you were hasty in taking the steps you did before there was even a visa.

 

I can only imagine how tough this is, but you need to think about what is fully in your control and put your energy into what you can do to make your current situation better. Call school, get the kids back in. Call former employers, see if you can get back. This is gone, look for the next opportunity, there will be one.

[Big G]

Hi Seadogsal

 

Really sorry to read about what happened.

I hope you get another opportunity quickly.

 

I also have an offer of employment (based on a 457 and family etc) but I'm getting a bit worried now.

Verystormy & Rupert have already warned about this in another post.

 

Im going to look into permanent residency ASAP and see what's involved, however, I dont know if I can as my job isn't on the skills list, but that's for another thread.

Anyway, all the best and I hope you get sorted out.

 

G

[fensaddler]

Firstly, my heart goes out to the OP - just over two years ago that was us, so I can only imagine. We're here, as a family, on a 457 (so frankly the 'not suitable for families, too many risks, very silly' is a rather overblown generalisation). We used a reputable recruitment consultant who specialised in my industry and who took time to get to know us, and who knew the company and the individuals involved, so we felt secure that the people involved could be trusted. The same consultant has now placed me in my new company (I indicated I wanted to move on, so no ethical conflict). I can't possibly comment on the whole of the 457 market, but it got us over here, and employers have been fine. It was certainly more secure than the same industry in the UK, which was downsizing rapidly when I left. Having said that, being a 457 is not the greatest, not least because the visa class has been a political football playing to dog whistle racism (shamefully, by the Labor party, of all people), and we will be moving to PR ASAP. Current employers are lovely, and very supportive of this. I guess my advice would be that it can work, but be cautious and check out whether you can really trust the people you are relying on. In some industries (IT, are you listening?) there is a reputation for 457s being abused and treated as disposable cannon fodder, so caution is advisable. As in anything, do your homework, and check bona fides....

[Rupert]

Hi Seadogsal

 

Really sorry to read about what happened.

I hope you get another opportunity quickly.

 

I also have an offer of employment (based on a 457 and family etc) but I'm getting a bit worried now.

Verystormy & Rupert have already warned about this in another post.

 

Im going to look into permanent residency ASAP and see what's involved, however, I dont know if I can as my job isn't on the skills list, but that's for another thread.

Anyway, all the best and I hope you get sorted out.

 

G

 

Actually I do not warn about the 457 visa per se.

 

I warn about not understanding the visa. I warn people about not understanding that it does not automatically lead to permanent residence and I encourage people to understand how the visa works and to accept that they might have to move back to UK with very little notice if the job comes to an end. I encourage people to consider if they are happy with the terms and if they are not happy with those terms, to look into other visa options.

 

But I do not warn against the 457 visa full stop. It works for many people, in fact my very own sister had one for two years and it worked for her perfectly because she understood how it works, because she did not commit financial harikari to get here and as she only wanted to work here temporarily it perfectly suited her needs.

[Chortlepuss]

Actually I do not warn about the 457 visa per se.

 

I warn about not understanding the visa. I warn people about not understanding that it does not automatically lead to permanent residence and I encourage people to understand how the visa works and to accept that they might have to move back to UK with very little notice if the job comes to an end. I encourage people to consider if they are happy with the terms and if they are not happy with those terms, to look into other visa options.

 

But I do not warn against the 457 visa full stop. It works for many people, in fact my very own sister had one for two years and it worked for her perfectly because she understood how it works, because she did not commit financial harikari to get here and as she only wanted to work here temporarily it perfectly suited her needs.

 

When we came out in 2007 it was on a 457 visa. I was very concerned about the terms and conditions, particularly the 28 day requirement to leave but it was our only way into the country and we kept our house, didn't burn bridges etc on the basis that we would be in Oz for 2-4 years. Since then we have become citizens, but with worsening job prospects here, I am so pleased we managed the risk and have something to go back to. I think it is so wise to keep reminding people how temporary this visa is. I had a skill in demand (IT in healthcare settings) and had no way of anticipating that the demand would drop off. Before I came to Australia I had no experience of being out of work, so even if you have a skillset that's in high demand in the UK, you could find yourself unemployed here. Now we can manage our return rather than be forced back by shaky employment conditions.

[DuffieldDownunder]

The same thing happened to us at the start of the GFC.Costing me 500K by the time we moved, with the currency and house pricecollapse in the UK.

457s are a risk, but then coming as PR with no job andwatching your savings disappear is also a risk. At my age, 457 was the only wayto move here and it paid off. My plan b was rubbish so thanks be to <insert preferreddeity here> - the days of milk and honey are over for a while, 457 or PR,come with your eyes wide open and the rose tinted specs replaced with polarizedsunnies.

[fensaddler]

The same thing happened to us at the start of the GFC.Costing me 500K by the time we moved, with the currency and house pricecollapse in the UK.

457s are a risk, but then coming as PR with no job andwatching your savings disappear is also a risk. At my age, 457 was the only wayto move here and it paid off. My plan b was rubbish so thanks be to <insert preferreddeity here> - the days of milk and honey are over for a while, 457 or PR,come with your eyes wide open and the rose tinted specs replaced with polarizedsunnies.

 

 

Absolutely - the big upside of the 457 approach is that you come knowing you have a job. I would certainly not have wanted to come out here on PR with no job, and then watch my savings burn up as I hunted for one. I know a lot of people are fortunate to be able to come here on PR, having already got a job as well, and that is of course a better route. But if things are bad in the UK in your field, if you are older, if your skill is not on the PR shortlist, then 457 is a route to Aus, albeit like any scenario, with its attached risks. I can't say I enjoy having to get permission to move jobs, and having to report in to the government when I move house, nor do I like the way so many companies here (private healthcare for one) fleece 457 visa holders, but I'd still prefer to be here than back in the UK. That is not to ignore that many people get treated badly by unscrupulous employers - but neither is that just confined to 457s, as stories of bullying rife in healthcare attest.