curryrice Posted December 3, 2014 Share Posted December 3, 2014 Hi all I need bit of lawful opinion here if you can help me. Recently i've got granted for 186 ENS and I was setting up my schedule to fly in Aus soon. To long story short, I will list up my journey like this. - 2012. Sep : signed contract with agency, signed sub-contract with headhunter in Aus who was introduced by the agency - 2012. Oct : Had a job interview with a company that the headhunter guy introduced. Heard I will be working in the company once my visa granted. During the interview, interviewer asked me when I can start working as well. - 2013. Dec: Found out that my nomination was jeopardized in Oct due to my agency's mistake. My nomination was disapporved but we plan to apply next monimation by withdraw - 2014. Feb: Re-applied nomination - 2014. Jul: Nomination approved - 2014. Aug: Applied for ENS visa - 2014. Nov: Visa granted Last week I talked with my agency and heard that the headhunter guy saying I cannot have a job in the company. It was not because it has been long time since I had job interview, but he totally changed the word that it was supposed to be from the first moment when I work on my visa. He said he explained this during my job interview, but I am 150% sure there was no such thing. I and employer talked when I can start working for them during the interview and I have no idea what the heck this headhunter guy is talking about. I and my agency both got furious about and I contacted with him directly. And claimed that this is totally wrong and he sounds like scheme. Then he got angry and shouted at me like " Hell, are you threatening me?" and HE hung up. Clearly I wanted to figure out if he was a crook but he just suddenly tried to stop talking to me. And this morning, he sent an email to my agency that he will cancel all my ENS including grant from immigration accusing that I was threatening him. From now on, he wants to talk through the lawyer. In my contract with him, I was supposed to pay him certain amount of money to find a job and put me through the interview and guide the company the sponposring process all the way. I have only last payment run that I need to pay him. But because of this issue I am holding my money transferring. Do you think that he and his lawyer can cancle my granted visa and everything? I am not afraid of losing my job that I was looking foward to working, but my ENS. I follwed decent process which is legally placed through job interview and sponsporing. I didn't threat him but asked him if it was all set up. And then he asked me back if I am threatening him. How do you think? If you are lawyer, what can possibly stop him or prevent any damange in my visa? Link to comment Share on other sites More sharing options...
lebourvellec Posted December 3, 2014 Share Posted December 3, 2014 Only DIBP can cancel a visa, not sure what position your visa is in as you have never started work for the company but, the sponsoring employer agreed during the nomination process that there would be a position for 2 years, which himself has gone back on. have you validated the visa yet? Link to comment Share on other sites More sharing options...
curryrice Posted December 3, 2014 Author Share Posted December 3, 2014 Thank you so much for your reply Lebourvellec. I am off-shore applicant so never worked for this compay so far. When you say validation, that means did I actually visit Australia and confirm my residenship? I received grant letter last Tues and it says the first entry date must be end of Feb so thought I can move to Aus around Jan. Link to comment Share on other sites More sharing options...
blossom Posted December 3, 2014 Share Posted December 3, 2014 I'm confused. Does the employer still want you working there? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 3, 2014 Share Posted December 3, 2014 I'm confused too, since there seem to be several middle-men in the process. As I understand it, you're working with an agency (is this migration agency?) who then works with a headhunter. The headhunter found you an employer and the employer has offered you a job. And it's now the headhunter who's threatening to cancel your visa? As Lebourvellec has said, only DIBP has the ability to cancel your visa. I assume you have an employment contract with the company? What does it say as far as start date is concerned? I'd suggest you contact the company directly to confirm the start date (during this conversation you can find out if there are any issues or confirm that they still expect you). While it certainly would be unfortunate if this job falls through, I'm not aware of any reason you can't continue with your plans to move here in January. Link to comment Share on other sites More sharing options...
curryrice Posted December 3, 2014 Author Share Posted December 3, 2014 I'm confused. Does the employer still want you working there? Apprently now my employer wants to get rid of me now, according to the situation. Link to comment Share on other sites More sharing options...
curryrice Posted December 3, 2014 Author Share Posted December 3, 2014 I'm confused too, since there seem to be several middle-men in the process. As I understand it, you're working with an agency (is this migration agency?) who then works with a headhunter. The headhunter found you an employer and the employer has offered you a job. And it's now the headhunter who's threatening to cancel your visa? As Lebourvellec has said, only DIBP has the ability to cancel your visa. I assume you have an employment contract with the company? What does it say as far as start date is concerned? I'd suggest you contact the company directly to confirm the start date (during this conversation you can find out if there are any issues or confirm that they still expect you). While it certainly would be unfortunate if this job falls through, I'm not aware of any reason you can't continue with your plans to move here in January. Thank you MaggieMay, yes you are right but I feel like it is useless to contact with my employer because it is already clear that they don't want me now. Also I don't want to work for them either. And agency was immigration agent as you understood well. The point I made in this point is, if this headhunter guy can contact DIBP to cancel my visa. He said I and my agency will recieve the letter from his laywer about their action to cancel mine and I want to know whether it is a bluff or can possibly happen. Link to comment Share on other sites More sharing options...
blossom Posted December 3, 2014 Share Posted December 3, 2014 I was under the impression PR visas can be cancelled if circumstances change before you get to australia. Personally I would be phoning the actual employer and asking what's going on. Link to comment Share on other sites More sharing options...
Killara Posted December 3, 2014 Share Posted December 3, 2014 Hi allI need bit of lawful opinion here if you can help me. .... - 2012. Sep : signed contract with agency, signed sub-contract with headhunter in Aus who was introduced by the agency - 2012. Oct : Had a job interview with a company that the headhunter guy introduced. Heard I will be working in the company once my visa granted. During the interview, interviewer asked me when I can start working as well. - 2013. Dec: Found out that my nomination was jeopardized in Oct due to my agency's mistake. My nomination was disapporved but we plan to apply next monimation by withdraw - 2014. Feb: Re-applied nomination - 2014. Jul: Nomination approved - 2014. Aug: Applied for ENS visa - 2014. Nov: Visa granted Last week I talked with my agency and heard that the headhunter guy saying I cannot have a job in the company. .. I and employer talked when I can start working for them during the interview and I have no idea what the heck this headhunter guy is talking about. .. And this morning, he sent an email to my agency that he will cancel all my ENS including grant from immigration accusing that I was threatening him. From now on, he wants to talk through the lawyer. In my contract with him, I was supposed to pay him certain amount of money to find a job and put me through the interview and guide the company the sponposring process all the way. I have only last payment run that I need to pay him. But because of this issue I am holding my money transferring. .. How do you think? If you are lawyer, what can possibly stop him or prevent any damange in my visa? You have contracts with: (i) the agent, (ii) the headhunter, and (iii) the employer. These should be written contracts - the contracts with the employer would certainly have needed to have been a written contract for DIBP to grant your visa. The contract will specify in writing when the job is to commence. What the headhunter has to say about it is irrelevant - it is what is in the signed contract of employment. If you are looking for legal advice, you should consult a lawyer in person. A lawyer will not give you legal advice on a forum such as this. To start with, it would be necessary to see the actual contracts, and previous correspondence between you, and the agent, head hunter, and employer. For migration advice, you should consult a registered migration agent. I know you used an agent in the visa application process, however I would recommend that you obtain independent advice from another registered migration agent, particularly given the arrangement that was put in place between you, the agent you used, the headhunter and the employer. It sounds as though the agent you used is caught up in all of this, and has also made mistakes in the past on your application. That doesn't inspire confidence. What others have said about only DIBP being able to cancel visas is correct, not the headhunter or employer. However, that is not to say that there is nothing that the headhunter or employer could do that would put your visa in jeopardy. There is. They could contact DIBP and allege that you never intended to take up the employment for example. I would recommend that you contact a lawyer who can both represent you in your dealings with the agent, headhunter, and employer, as well as help you to avoid having your visa cancelled and represent you in dealings with DIBP if the question of visa cancelation arises. Link to comment Share on other sites More sharing options...
curryrice Posted December 3, 2014 Author Share Posted December 3, 2014 Killara, thank you so much and your explaination was very clear. Yes, firstly I am going to visit my agency tmr and discuss about appointing a lawyer. What a big lesson learnt, I never thought being in this mess and agony to settle in Aus. Link to comment Share on other sites More sharing options...
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