Lars Posted April 15, 2014 Share Posted April 15, 2014 Hi everyone, I've have a delicate problem and is somewhat stressed up and worried and need some advice and help please! I gonna try to cut the story short..: Last year I secured a job under my working holiday visa as a casual employee as a technician. After working for the company a few months they mentioned the possibilites of them sponsoring me under a RSMS 187 Visa. After reading up and gathering information in regards to visa costs, employment contract etc etc. I went ahead and submitted the visa application - which got accepted in the beginning of this month - YAY! Now to my concerns. Since the day my visa got accepted, its been a very different tone from the owners. I'm scared and not sure what the hell is going on. A few days after my visa got granted my manager on site changed my roster to reflect the 38 hours per week (up 4-5 hours) as per signed work contract as part of the visa application. The day after this roster change, the owner contacted my manager on site requesting to change my roster back to how it was, and that my 38 hours / permanent role with not start until 1st of may. Even if that in my contract it says that it would trade in effect one my visa 187 is granted. Slighty confused over this, I made a phone call to the owner in regards to above. She said this was advised by the account of the company due to "book keeping" reasons, advising me to call the regional manager and ask her for further info. I called the regional manager as well, which told me pretty much the same - implying that i should just "leave it". Which I did - i don't really mind waiting another month before getting my permanent role - I just found it strange at that point why what it is stated in the contract is not followed. Anyway. Now to the weird part. Yesterday I received a written warning (!) that I've "not been following the correct protocols" in regards to some work duties and that "despite talks (with the management) Im still neglecting this procedure". This is utter b******t and it feels like they are trying to find reasons to punish me, or even fire me Looking at the history at what have happened inside the company during the time I've worked for them, I should have known better and trusted my gut instinct to not take on a sponsorship with this company. During the past months they've fired numerous employees for no given reason. And it seems like their targets have been older employees (that cost to much), Australians (knows their rights) and replaced them with young ppl (preferably young backpackers) that work for the absolute minimum. Also, recently an employee with 187 visa got fired for no apparent reason. There's a lot more to the story in regards to what the company have done. What shall I do? I'm afraid that they will try to make up another warning to be able to fire me. Can I loose my 187 visa? What happens if they fire me? I can't afford any lawyer in case I'd need one, what can I do? Can I apply for another job? If I found another job within the same nominated role, can I change employer without implications? How does it work? Thanks for reading, I'm sorry for the bad grammar - I'm not a good writer lol! Link to comment Share on other sites More sharing options...
nicolac34 Posted April 15, 2014 Share Posted April 15, 2014 I see you posted a similar question before regarding your hours. I can't offer up any advise on the legalities of what they are doing, but in regards to your visa it shouldn't effect it as long as you can demonstrate you've made every effort to remain employed with them. They'd have to prove that you'd done something worth firing you over in the eyes of the law for immigration to take a serious look. Sounds like you're best off out of there anyway, at least this way you'd have a PR visa and be free to seek employment elsewhere. Link to comment Share on other sites More sharing options...
Rupert Posted April 15, 2014 Share Posted April 15, 2014 I couldn't follow the above story very well. But referring back to your other thread, I do think you were making a mountain out of a molehill. If the company don't have the extra 4-5 hours to give you, they don't have the hours to give you. I believe you were only being asked to wait a few more weeks for increased hours anyway. Perhaps you are coming across as being "difficult" and that is why the attitude to you has changed? I don't know how you are coming across, so I am not saying that is the explanation, just suggesting you self reflect. To your questions in same order: No, so long as you don't quit, I can see no risk to your visa. If they fire you, you look for another job. If they fire you and you feel it is unfair, there is Fairwork Australia, but you might not have been there long enough to make a claim anyway. Perhaps the best thing to do would be to move on and not start legal action. If you are fired then of course you may seek alternative work. But I do not recommend that you actively look to leave at the moment, you need to make every effort to make this work. Quitting because you were a few hours short for a couple of weeks would not leave you in a good position. As you are worried about how things are panning out though, start keeping a diary. As above, I would not recommend you look for another job at the moment, even if it is in the same role. Your visa is at risk if you do not complete (make every effort to complete) two years with your sponsoring employer. This is not like the 457 visa which can be transferred with no implications. Link to comment Share on other sites More sharing options...
Lars Posted April 15, 2014 Author Share Posted April 15, 2014 I couldn't follow the above story very well. But referring back to your other thread, I do think you were making a mountain out of a molehill. If the company don't have the extra 4-5 hours to give you, they don't have the hours to give you. I believe you were only being asked to wait a few more weeks for increased hours anyway. Perhaps you are coming across as being "difficult" and that is why the attitude to you has changed? I don't know how you are coming across, so I am not saying that is the explanation, just suggesting you self reflect. Thanks for your reply! I'm sorry if I didn't explain myself well enough - I'm not the best at typing/explaining When I comes to me asking the management why my contract haven't started, I did of course approach them very carefully just asking to make sure (in the case they genuinely just missed this part of my contract). I didn't make any "fuss' about it and accepted the answer and is happy about waiting another month until my increased hours-permanent role starts. To your questions in same order: No, so long as you don't quit, I can see no risk to your visa. If they fire you, you look for another job. Alright, I certainly don't want to cause any ripples on the water - Let alone quit the company! I don't mind the hours at all, I'm just worried (following the history of the company) that they will try to get rid of me as I would cost to much. I thing the root the the issue is that the company seems to have a decline in profit across all the 10+ shops. As above, I would not recommend you look for another job at the moment, even if it is in the same role. Your visa is at risk if you do not complete (make every effort to complete) two years with your sponsoring employer. This is not like the 457 visa which can be transferred with no implications. - See more at: http://www.pomsinoz.com/forum/migration-issues/209792-worried-about-my-187-visa-employer-help.html#post1936489333 Alright, the thought of starting to look for another job was just an idea in case of i get fired, shop closes down etc. - but if I can't change jobs without implicating my Visa - I will not do this of course. Link to comment Share on other sites More sharing options...
blossom Posted April 15, 2014 Share Posted April 15, 2014 If I were you I would be writing your response trying to sound as reasonable as possible. The only time your visa is at risk if they get rid of you is if immigration believe you have tried to get sacked on purpose to avoid working there. At least of you respond in writing you can show immigration if you were even investigated. Good luck. Link to comment Share on other sites More sharing options...
Misspc Posted July 9, 2014 Share Posted July 9, 2014 Hi Lars sorry to hear about your visa and work issues. My husband has had a very similar problem and he has now been fired. We ( myself, husband and two boys) moved here for the new job from the UK last year and his employer told him two months in she made a mistake employing him but she would give him a chance to work from home. Work had slowed down and low and behold he was fired for not being a team player and not working with the company guidelines. This is total rubbish as with no job we as a family cannot survive and he would never be so silly as to put us in that position. But anyway we are now waiting to have our visa looked at and possibly cancelled all because his employer changed her mind! We are devastated and as he only received one weeks pay we are selling all our things to afford to stay while we find out what immigration want to do with us. We live in a small place and tried to get jobs but nothing has come up yet. I really hope you fare better than we have, it seems this is not unusual unfortunately . Link to comment Share on other sites More sharing options...
welshpod Posted July 15, 2014 Share Posted July 15, 2014 Hey Lars and Misspc, sorry to hear of your situations. if it helps the company I work for offered someone else a job/187 sponsorship before I arrived and her visa was issued not long after mine. She made arrangements to come over only to be told that there was no job available to her anymore, but because the visa was already issued she was able to work elswhere (I think she dodged a the bullet). so at least if they cant keep you on, your visa shouldn't be cancelled and if they sack you and you can show that it was not your fault then at least you can look for a new job. Only immigration can cancel a visa, so your employer cant use that as a threat either By the Way does anyone know if thre are there legitamate grounds for leaving your employer on the 187? Can you make a case to immigration for leaving your nominated position and do you have to ask them first before looking for a new job? I'm gutted that I came to the other side of the world and found mental employers, who treat all their staff abissmally and are completely sales driven to the point of being unethical- i've got an email where the boss states that we should look to squeeze every penny out of our patients. i'm at the point of jacking in it all in and hoping that immigration wont chuck us out. Its not what I had in mind when I signed up and i've got 12 months left. I just cant see a way through. Its a relief to know that i'm not the only one in a sticky situation, even if there is no solution but to tough it out Link to comment Share on other sites More sharing options...
Pumpkin Posted July 15, 2014 Share Posted July 15, 2014 Hi Larssorry to hear about your visa and work issues. My husband has had a very similar problem and he has now been fired. We ( myself, husband and two boys) moved here for the new job from the UK last year and his employer told him two months in she made a mistake employing him but she would give him a chance to work from home. Work had slowed down and low and behold he was fired for not being a team player and not working with the company guidelines. This is total rubbish as with no job we as a family cannot survive and he would never be so silly as to put us in that position. But anyway we are now waiting to have our visa looked at and possibly cancelled all because his employer changed her mind! We are devastated and as he only received one weeks pay we are selling all our things to afford to stay while we find out what immigration want to do with us. We live in a small place and tried to get jobs but nothing has come up yet. I really hope you fare better than we have, it seems this is not unusual unfortunately . Actually I think your problem is really quite different to the original post and would probably have been better in a new thread so people can focus on you and not the old post. In your case, so long as you can demonstrate that you did not get sacked on purpose, I don't believe you have anything to worry about visa wise. With this visa, the employer can end you ... but you cannot end with the employer, not without risking your visa anyway. Link to comment Share on other sites More sharing options...
Visa Posted September 3, 2016 Share Posted September 3, 2016 Don't stress guys, if you just got your RSMS pr visa and the employer don't need you around. Then you should be happy about it! You got no lock in contract PR and you can work elsewere or your find your dream job. For the RSMS visa, the employer has to guarantee the nominated position for at least two years. In you case, he is not complaying with that. All you have to do is genuine effort to stay with your employer, then you will be safe. If you leave the job or give a resign letter you will be in a vulnerable position. Talk to a MA, a professional one. Even a lawer. Good luck to you Link to comment Share on other sites More sharing options...
Visa Posted September 3, 2016 Share Posted September 3, 2016 We are not slaves, we got rights, use them! Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2016 Share Posted September 3, 2016 This post is over two years old. ;-) Link to comment Share on other sites More sharing options...
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