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beef

857 visa issues

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Hi All,

 

A brief history:

Back in Jan 2010 myself and my partner came to Australia on a WHV, we were offered 857 sponsorship in Dec 2010. Returned back in May 2011 to work for our current employer and to commence the application process and have been here for 3 years now, 18months of which have passed since our 857 visa has been granted.

 

Current issues:

Prior to going through our application process we were duly unaware of any possibility that the property we worked on would be sold. Now that it has been, we have become increasingly stressed with the prospect that our future here could be uncertain. We have reached a point in our lives that we require some sense of security and settlement; enabling us to start a family. This has pushed me to seek security elsewhere and I have found an employer in regional Victoria to continue doing the same job I am currently employed in.

 

Concerns:

As I am the secondary applicant on the visa will this have any detrimental effect for the status of both our visas?

Would personal considerations play a major role in securing our visa? Myself and my partner have lived and worked together 24/7 for the past four years, I know that would not be many peoples ideal scenario but we are the best of friends and are inseparable.

Situations and conflicts of interest in the workplace have questioned my ability to continue. For example, the straw that broke the camel’s back happened 6 weeks ago when I was made to needlessly slaughter 23 helpless calves on the property. I felt that this was both morally and ethically inept of reason when such a bulk of feed was available; shortly after I am positive that I was in shock and trauma, my hands were trembling, I felt sick and I also started back smoking after a break of over 12 months. I was truly disturbed that day and still question the reasoning.

 

As you can see, this is no clear cut scenario and there have been many other factors that I wish not to discuss.

 

I hope to receive some helpful advice on what to do next, we are due to leave on Friday.

 

Kind regards,

 

Beef

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I think you have grounds not to be obligated to the employer any more. Your visa is PR. But it may be worth seeking a quick call to Go Matilda for some proffessional advice

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As the secondary applicant, you are not tied in any way to the employer and you won't have any problem at all, particularly given that the new job is also in a regional area. Even the primary applicant can leave without problems in some circumstances. You should check out the following PIO thread - post #12 has the 'word' from the department:

http://www.pomsinoz.com/forum/migration-issues/117112-employer-breach-conditions-contract-paper-rsms-857-visa.html

Edited by Ozmaniac

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