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Forced into a promotion on 457 visa


steph5946

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Hi all,

 

just wondering if anyone on here knows a bit about 457 and employee rights while holding this visa.

i got sponsored a year ago and now my employer has placed me in a manager position which I do not want! Do I have any rights?

please help! Thanks

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i got sponsored a year ago and now my employer has placed me in a manager position which I do not want!

 

Also this new job role has alot more responsibilities and very little pay rise!

I just don't understand this - what is your real gripe here - is it that you just don't want the manager position or is it that you feel should should get more pay?

 

You're on a temporary visa so your bargaining/negotiating power is somewhat limited: your talent/experience has been recognised by the company and is being put to good use by them - surely this is a good thing for you?

 

If you start moaning now, you are just 'shooting yourself in the foot' by becoming the stereotypical 'whinging pom' - what happens when your 457 expires or you want to change jobs? What sort of reference do you think you'll get - "we tried to promote him, but he moaned and turned it down" - that'll speak volumes to any prospective new employers!!

 

We're all different, but if I were you, I'd just 'suck it up' and give it my best shot - if it doesn't work out, then have a word - if it does work out, you've made yourself more valuable to both your current and prospective new employers by showing that you can adapt to a new country, a new job and a new way of doing things...

 

Of course....if you think you are doing your current employer a favour by working for him, or that the world owes you a living...you might have a point, just not a very good one

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It doesn't matter what the op's reasons are, the company can not employe them in a different role to the sponsored on. Their visa could be at risk. I wouldn't be impressed either, and I wouldn't care less about sounding like a whinging Pom. And it sounds far better in an interview for a new job to be able say your last employer wanted to promote you but 'unfortunately' the visa would not allow it. It's all about perspective.

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I got a bit of a promotion in work whilst on a 457 and my HR wrote to immi explaining about it, reasons why, new pay etc and as it was in line with the description of 'community worker' which was what I was sponsored for it was all good. My work lodged my nomination for PR a few months later and it was accepted without any trouble. As long as its in line with the anzsco code it should be ok but definitely worth checking out in case. I called immi on a couple of occasions to get some clarity and got different answers so a letter from the employer is probably best.

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promotion is fine, but they will need to let immigration know by letter - get it pre approved as such, as for pay, they need to pay you the same as anyone else doing the same or similar job, they can't pay you less. Maybe you don't want it, but if you want PR, they will be sponsoring you and on a 457, they can pretty much let you go anytime

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