chrisk1700 Posted January 27, 2015 Share Posted January 27, 2015 hi all, im hoping someone can help me out or point me in the right direction if possible. I know suggestions will be made to speak to my recruitment company but honestly im not convinced on some of the info they provide. Its all about the money with them. Long story cut very short, i came over, got sponsorship and then haved moved on from that company due to a break down in the relationship. NO, i wasnt prepared to stick it out with him some things just aren't worth the stress. i was there for roughly 2 years. Now, im aware i have to find a job within sponsorship within 90 days. iv found a job and have currently been working there on a trial basis, they are happy to sponsor me but they are not yet an approved sponsor, they want to see what im like before they commit, which i cant argue with. im advised the paperwork could be up to a year. BUT, today i recieve a 'courtesy' call from my recruitment company, whom i told id left my original job. he has informed me its illegal for me to work anywhere without having the sponsorship in place? is it really that black and white? am i only to find a job where the sponsorship is immeadiate??? and not even allowed to trial with someone with the view to sponsor me? now i know the situation im in is majorly my doing, and i accept any consequences that may require me to return to england. I believe in fate and it is what it is but is it really that black and white? im a skilled worker, doing a job that the country requires skilled workers for but when it comes to this situation they will happily let me walk away? its rather confuzzling! any advice or info will be greatly appreciated chris Link to comment Share on other sites More sharing options...
canadianaussie Posted January 27, 2015 Share Posted January 27, 2015 The recruitment agency is correct. You were/are here on a 457 visa. This is a temporary visa. When the conditions of this visa end (as they have in your case) you have 2 options. One is to return to the UK. The other is to find a new sponsor within 90 days of leaving your old job. If you can find a new sponsor then a new 457 visa can be applied for. However, you cannot work for them before the application for sponsorship is approved. And if you don't find a sponsor within 90 days - you're back to option #1. You're committing visa fraud at this point and risk deportation and a 3 year ban. Link to comment Share on other sites More sharing options...
Guest Chewitts Posted January 27, 2015 Share Posted January 27, 2015 Chris what is your job? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted January 27, 2015 Share Posted January 27, 2015 I would say you need to speak with a registered migration agent urgently. If you have worked for this company and they have paid you the Immi will know. Seek advice. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 27, 2015 Share Posted January 27, 2015 Yes, it is that black and white. Until your 457 has actually been transferred to a new sponsor, you cannot work for any other employer. You can't even work for another employer if they have applied for sponsorship and nomination approval. And if the potential sponsor is serious about sponsoring you and is willing to provide DIBP with the information they require, the paperwork for sponsorship approval won't take anything like a year. You should consult a good RMA ASAP before you dig yourself an even deeper hole. Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 27, 2015 Author Share Posted January 27, 2015 as it stands now il be booking a flight home sooner rather than later. Im a panel beater. as it stands i have ceased working with the current company until these issues are resolved. il be speaking to said recruitment agency in the morning. hopefully they will have people who are already eligible to sponsor. Link to comment Share on other sites More sharing options...
canadianaussie Posted January 27, 2015 Share Posted January 27, 2015 I think that sounds reasonable chrisk1700. Just make sure if you haven't been paid yet by your potential new employer that they DON'T pay you yet - the system is all linked between the ATO and immigration. Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 27, 2015 Author Share Posted January 27, 2015 they already have for 13 hours last week, pay day is again tomorrow. am i to advise they dont pay me tomorrow? sort it out via cash? or shall it not matter as theyve already paid me this way anyway? so whats the crack here then? am i now a wanted man? Link to comment Share on other sites More sharing options...
Raul Senise Posted January 27, 2015 Share Posted January 27, 2015 The other issue to consider is that if found out, your current employer could face hefty fines for employing you illegally. Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 27, 2015 Author Share Posted January 27, 2015 they never actually employed me, it was a trial and they just so happened to pay me into my bank account. Link to comment Share on other sites More sharing options...
blossom Posted January 27, 2015 Share Posted January 27, 2015 they never actually employed me, it was a trial and they just so happened to pay me into my bank account. You aren't even allowed to do an unpaid trial. If they are a legit employer and have deducted tax and paid super then immigration will know. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted January 27, 2015 Share Posted January 27, 2015 they never actually employed me, it was a trial and they just so happened to pay me into my bank account. I'm afraid if you are paid for work, trial or not you, you are employed. A registered migration agent should be your first port of call to put it right. Try Go Matilda (Alan Collett ) or WRussell who post on here. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 27, 2015 Share Posted January 27, 2015 they never actually employed me, it was a trial and they just so happened to pay me into my bank account. Otherwise known as employment. Link to comment Share on other sites More sharing options...
wrussell Posted January 27, 2015 Share Posted January 27, 2015 Now, im aware i have to find a job within sponsorship within 90 days. iv found a job and have currently been working there on a trial basis From what has been posted, you gave breached your 457 visa conditions by undertaking work that is usually remunerated (even if it was not) from an employer other than your nominator. You could have approached the DIBP for permission to undertake a short work trial. The last one I was involved in was granted 4 hours. May I suggest that you and your new employer seek professional advice without delay? Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 27, 2015 Author Share Posted January 27, 2015 just spoke with the migration agent, general feel is its game over for me here in australia. a shame, but by no means all bad, one door closes and another opens. many thanks for all of your advice. Link to comment Share on other sites More sharing options...
blossom Posted January 27, 2015 Share Posted January 27, 2015 just spoke with the migration agent, general feel is its game over for me here in australia. a shame, but by no means all bad, one door closes and another opens. many thanks for all of your advice. Is this a Mara registered migration agent or an employment agent? I'd be contacting one of the agents already mentioned. Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 27, 2015 Author Share Posted January 27, 2015 its southern cross personnel? Link to comment Share on other sites More sharing options...
Guest Chewitts Posted January 27, 2015 Share Posted January 27, 2015 That's an employment agency you need to see a registered migration agent.......you wouldn't take health advice from a plumber would you?....same thing! Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 28, 2015 Share Posted January 28, 2015 A recruitment company cannot help you, they won't know nearly enough about immigration. I'd suggest you immediately contact a reputable migration agent (some were named in earlier posts, and WRussell has posted helpful information you should consider). Perhaps it's possible to salvage the situation, and I'd think certainly worth speaking with a migration agent before getting on a plane. Link to comment Share on other sites More sharing options...
chrisk1700 Posted January 29, 2015 Author Share Posted January 29, 2015 had a turn of fourtune, iv found a company willing to sponsor, and who are already set up and ready to sponsor immediately. question is now, whilst im waiting for the paperwork to process can i get a bridging visa? to allow me to work whilst the visa is being approved for sponsorship? waiting on a call from the migration agent that my new employer is using to tell me whats what, just wondered if it where possible while im waiting on him? Link to comment Share on other sites More sharing options...
Aamir Raza Posted January 29, 2015 Share Posted January 29, 2015 Hey, I was on 457 visa for a year. After few months with him i left becoz he was a D**K. And started working with a employer who was not even approved. Its just that if you still got some time left on your 457 visa, the best thing is to search for a new sponsor and dont tell IMMI about it. All the MA will tell you everything according to law and will scare you alot. But till the time IMMI doesnt know that you left and your employer doesnt complaint then you are safe. Just find the right employer and try to get sponsor somewhere else. And tell your MA to shut the F**k up and dont tell IMMI anything till you put your new file in. I changed 3 employers on my 457 and now lodged RSMS while i was on 457. Hopefully you will be alright!! hi all, im hoping someone can help me out or point me in the right direction if possible. I know suggestions will be made to speak to my recruitment company but honestly im not convinced on some of the info they provide. Its all about the money with them. Long story cut very short, i came over, got sponsorship and then haved moved on from that company due to a break down in the relationship. NO, i wasnt prepared to stick it out with him some things just aren't worth the stress. i was there for roughly 2 years. Now, im aware i have to find a job within sponsorship within 90 days. iv found a job and have currently been working there on a trial basis, they are happy to sponsor me but they are not yet an approved sponsor, they want to see what im like before they commit, which i cant argue with. im advised the paperwork could be up to a year. BUT, today i recieve a 'courtesy' call from my recruitment company, whom i told id left my original job. he has informed me its illegal for me to work anywhere without having the sponsorship in place? is it really that black and white? am i only to find a job where the sponsorship is immeadiate??? and not even allowed to trial with someone with the view to sponsor me? now i know the situation im in is majorly my doing, and i accept any consequences that may require me to return to england. I believe in fate and it is what it is but is it really that black and white? im a skilled worker, doing a job that the country requires skilled workers for but when it comes to this situation they will happily let me walk away? its rather confuzzling! any advice or info will be greatly appreciated chris Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 29, 2015 Share Posted January 29, 2015 Hey, I was on 457 visa for a year. After few months with him i left becoz he was a D**K. And started working with a employer who was not even approved. Its just that if you still got some time left on your 457 visa, the best thing is to search for a new sponsor and dont tell IMMI about it. All the MA will tell you everything according to law and will scare you alot. But till the time IMMI doesnt know that you left and your employer doesnt complaint then you are safe. Just find the right employer and try to get sponsor somewhere else. And tell your MA to shut the F**k up and dont tell IMMI anything till you put your new file in. I changed 3 employers on my 457 and now lodged RSMS while i was on 457. Hopefully you will be alright!! Theworst advice vice I have ever seen online. Do you know that the immi database is linked to the ATO? It may not have been spotted yet, but if it is in future then kiss good bye to your RSMS. You should also hope that isn't your real name as these boards are monitored by immi. Link to comment Share on other sites More sharing options...
Aamir Raza Posted January 29, 2015 Share Posted January 29, 2015 this is the real worlds advice to save his ass. I am not doing anything illegal here. IMMI database in not linked to any database otherwise all the kids here on student visa will have to go back within a month entering here as they all work more then 40hrs/week. BTW i am on my bridging visa right now. My 457 visa time has gone. I just gave him the advice, its his wish to take it or not. Thats why is a public forum. Theworst advice vice I have ever seen online. Do you know that the immi database is linked to the ATO? It may not have been spotted yet, but if it is in future then kiss good bye to your RSMS. You should also hope that isn't your real name as these boards are monitored by immi. Link to comment Share on other sites More sharing options...
scattley Posted January 29, 2015 Share Posted January 29, 2015 this is the real worlds advice to save his ass. I am not doing anything illegal here. IMMI database in not linked to any database otherwise all the kids here on student visa will have to go back within a month entering here as they all work more then 40hrs/week. BTW i am on my bridging visa right now. My 457 visa time has gone. I just gave him the advice, its his wish to take it or not. Thats why is a public forum. You cannot tell through ATO how many hours you work only the salary.....and as uni students are lowly paid, even 2x the salary does not raise any flags.....the ATO CAN TELL if you start working for another employer and that is what will flag when you apply for another visa or definitely comes up when they do the more thorough search for citizenship. I have seen ex students be caught out once they had a 457 and they applied for PR for abusing their student visa conditions. It happens more often than you might think and unless you are a citizen..it can still happen to you. All it takes is someone who knows your story to report you and you could find your current visa cancelled. i echo theprevious poster....I hope you are not using your real name here. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 29, 2015 Share Posted January 29, 2015 We have had many people on here caught out buy working because the two computers are linked. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.