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iloveaussie

457 to 820 visa difficulties! HELP

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Hey guys,

I have posted something simular to this in the week, but still need advice

 

I am currently on a 457 visa and am being treated unfairly (underpaid, reduced to part time hours, working extra hours for free) I do understand the best way about this is to report them, however it will only leave me 90days to find another sponsor or lodge a visa and in them 90 days I will be unemployed as I know they will not up the hours and pay me back what they owe me, so for the meantime I am just sticking it out until I apply for my 820 partner visa (PR)

 

Now, when I am able to afford and lodge the visa (in the next 10weeks) I wanted to cancel my 457 and apply for a work rights bridging visa as I know the bridging visa I get will not allow me to leave the country or work...

 

SO MY QUESTION IS...

 

What if I report my current employer anonymously when I lodge my visa, and hope they let me go, therefore i have not cancelled the 457, they have.... will this be the better way to get a bridging vsa with work rights and be safe when i lodge the 820 visa, because i am also worried that im on this sticky bridging visa and if i get denied it could back fire

 

so i just want to know the best way to go about this, i am struggling to survive on these part time hours and it wont change (we are client based) and its so quiet, i want out but i don't want to suffer even more!

 

thank you :)

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Whether you report them or not or whether you instigate the 457 visa being cancelled or they do will not change your bridging visa situation. You are not going to get bridging visa A as a consolation prize because an employer has treated you badly. If your 457 visa is cancelled you are going to be on bridging visa E and will need to appeal for working rights.

 

Do you have evidence of your poor treatment with this employer, of your underpay etc? It will surely help you as I already explained in your other thread. The other issue with bridging visa E is that you will not be allowed to apply for travel rights, if you leave you leave for good, even if there is an emergency overseas, it is a long time to be in that situation. For this reason BVE is not great idea, any chance of you finding another sponsor to take over the 457 visa?

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I do understand what you are saying, I definitely don't expect a medal or prize because I have been treated unfairly.

yes I have payslips, end of day sheets on excel with my hours worked before the payslip shows I have been deducted 4 hours to work for free

There's 2 if us that's it's happening to.

yes even though I am saving an going to apply for a 820.

i look daily for any new jobs and contact employers myself, however it's a quiet time of year in this industry right now

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Well you have to weigh up the options before you which sadly do not include bridging visa A. Your options seem to be a) stick it out until you find a new sponsor to take over the 457 or b) leave your employer and apply for working rights on the bridging visa E. Also accept you cannot leave (return to rather) the country until the partner visa is granted.

 

Is that 4 hours a day you are being deducted?

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Thank you Rupert,

I am being deducted 4 hours per week to make up for the wage they are paying me per hour, i was previously working 5 days a week, now i am down to 4 days a week and still being deducted 4 hours, even if i work 2 days i still get the deduction. However from the start i was so over whelmed to finally find sponsorship i didn't argue it

 

Have you applied for a 820 partner visa? if so how long ago?

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I think you should get over 4 hours a week, it might help you feel better with your situatîon. It is perfectly normal to work a few more hours than contracted, I am contracted 37.5 hours a week and regularly work 50. My employer expects me to do whatever is required.

 

no I am not here on a partner visa.

Edited by Rupert

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I would understand that depending on the job, but when you are told you are specifically getting paid 4 hours less each week because you are not worth the pay, its annoying.

so what visa are you on?

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If I were in your position, I apply for the 820 when ready and continue looking for a new sponsor. From what I understand of the BVE, I'd need to be pretty damn desperate (and your situation wouldn't be near desperate for me) to go down that road.

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I would speak to some one like Alan from Go Matilda URGENTLY. You are in breach of your visa conditions which if that comes out may result in you having a future visa refused. You can not work part time on a 457. The fact you are means you are in breach. Get advice urgently.

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