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PR issues afterb being on 457


hubbert0403

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Prior to arriving in Aus, we were going through the PR process, but we were lucky enough that my husband was offered a position on a 457, they were paying for our move etc. We cancelled our PR as we were informed they would fast track our PR after just 1 year. 1 year came, told there was a hold for that year and were told it would be at the 2 year mark.

 

2 year mark has come only to be told they will not pay for our PR (going back on what was said initially).

 

With various other issues ranging from given promotion over a year ago and not been given new title, wage increase etc my husband has said he does not want to pay for our visa for a 2nd time (in effect).

 

We have some other options open to us, but we need to know, if we go home after the end of the 4 years is the company liable to pay for our return as they have not lived up to their end of the bargain.:confused:

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Flights only for those listed on the 457 visa. Shipping costs both ways are a bonus only which is usually negotiated with a reduction in salary...but unless that was in the signed contract they are not going to pay for it. Businesses can Renee on promises...as that is what they are just promises. Like you can promise to work for them for two years but instead apply for PR on your own or move to another 457 visa sponsor...promises are not worth anything.

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Promises can form part of the contract, even if not included in the signed contract of employment. To enforce the promise, you would need to at least have it in writing. (Emails can be sufficient). You will not be able to force the company to sponsor you for PR, but you may be able to recover from the company your financial loss (the cost of applying for PR). If the company agreed to pay for the cost of your return to your home country at the end of the 4 years, and this is in writing (emails can be sufficient), then you may be able to recover this from the company. It sounds however that what the company promised was that they would sponsor for PR, not that they would pay for the costs of you returning to your home country. That makes it more difficult (but not impossible) for you to seek to recover the costs of retuning home (apart from flights which they are required to pay for).

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We cancelled our PR as we were informed they would fast track our PR after just 1 year.

 

A fatal error and they could not have fast tracked an application, even if they had been so inclined.

 

May I suggest that you consult a registered migration agent for advice about the strategies open to you?

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