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changing jobs on a 457, sponsorship issues HELP!!!!


chrisk1700

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Sorry i forgot to write in my previous message that if he finds a sponsor then try to lodge his file asap but till then doesnt need to tell anyone otherwise he have to leave the country after 90days or apply for some other visa. Do you know that no public or government authorities can check on your personal details without your consent in Australia. Even a cop needs to ask for your consent if he want to search your content. So how can they check on your ATO account without your permission? You can go to ATo.gov.au and can link whatever account with ATO which are there on there website. I also got my account over there and linked Centerlink and Medicare with my ATO account. Nothing else.

We have had many people on here caught out buy working because the two computers are linked.
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Sorry i forgot to write in my previous message that if he finds a sponsor then try to lodge his file asap but till then doesnt need to tell anyone otherwise he have to leave the country after 90days or apply for some other visa. Do you know that no public or government authorities can check on your personal details without your consent in Australia. Even a cop needs to ask for your consent if he want to search your content. So how can they check on your ATO account without your permission? You can go to ATo.gov.au and can link whatever account with ATO which are there on there website. I also got my account over there and linked Centerlink and Medicare with my ATO account. Nothing else.

 

Read the following:

http://www.pomsinoz.com/forum/migration-issues/184037-ato-check-visa-holders-compliance.html#post1936195937

 

As it seems likely that you have posted under your real name, you should be aware that DIBP is known to monitor sites such as this one and to act on information found there.

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I havent done anything illegal so i am not afraid. I changed my employer yes. But at the same time i applied for my my new visa with the Immigration. So they know all my story already. The only thing i regret that i spent atleast $35000 with my applications. Coz so many employers and so many applications. Most of the employer they just dont care about you and make you work like slaves. I even DOB one of my employer to ATO and FAIRWORKS, for paying me less and working continuous without break for 16hrs a day. For me finding a new employer was very easy so i always informed the IMMI about my situation. Before my this RSMS application i applied my previous application and i was literally 1 or 2 weeks in getting my PR, but i told the immigration that i want to withdraw my appliaction coz i dont like the employer. This is my second time on RSMS. So my fake name or real name doesnt matter coz they are not going to give me my decision based on some public forum. So chill out!!!

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.

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If they give there decision based on this form then they should not ask or check my history and straight away give people there visas based from this site. My name doesnt matter coz literally havent done anything illegal or to breach any of my visa conditions. But if they really give there decision little bit based on a public form then they are stupid. And they people who believe the same are the followers.

 

 

Read the following:

http://www.pomsinoz.com/forum/migration-issues/184037-ato-check-visa-holders-compliance.html#post1936195937

 

As it seems likely that you have posted under your real name, you should be aware that DIBP is known to monitor sites such as this one and to act on information found there.

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Legislation aimed at protecting the rights of temporary overseas workers and to ensure Australian wages and conditions are not undermined is now being utilised. A key part of these laws is that they enable the Australian Taxation Office (ATO) to disclose information to the Department of Immigration and Citizenship.

 

The following taken from a couple of media sources - but not ATO or DIAC directly

 

The Australian Taxation Office (ATO), are now to commence a data-matching exercise expected to weed out potential fraud and other breaches. The ATO have said they will be provided with personal details across 27 different types of visa by the Department of Immigration and Citizenship (DIAC), including working holiday makers, skilled workers, students and diplomatic staff.

 

The 27 visa subclasses are: 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576 and 580.

 

Details collected "will be electronically matched and analysed with certain sections of ATO data holdings to identify potential fraud, and other non-compliance with lodgment and payment obligations under taxation law", ATO stated.

 

Information will include place of study for student visa holders, details of migration agents, overseas travel movements, and whether immigration visas remain valid. The program will check that tax returns and business activity statements are being correctly completed by company sponsors and the visa holders, indicating they are meeting obligations set out in the visa conditions.

 

People found to be breaching conditions will be sent a letter and given 28 days to resolve any discrepancies - after which the ATO will take administrative action.

 

The agency said it will be sharing any information regarding visa holders not following the rules with the DIAC, which could result in visa cancellation and removal from Australia

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This is the real information straight from the ATO website

Commissioner of Taxation

NOTICE OF A DATA MATCHING PROGRAM

 

The Australian Taxation Office (ATO) will request and collect names and addresses and other details of visa holders of Visa Subclasses 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580 between the period 01/01/2012 and 30/6/2014 inclusive from the Department of Immigration and Citizenship for the 2012, 2013 and 2014 income years.

 

These will be electronically matched and analysed with certain sections of ATO data holdings to identify potential fraud, and other non compliance with lodgment and payment obligations under taxation law. Records relating to approximately 1,000,000 individuals who were granted visas under the above subclasses will be matched. The ATO may also provide information to assist the Department of Immigration and Citizenship to maintain the integrity of the student and temporary working visa programs. The ATO is legally able to provide this information.

 

This program is called the Department of Immigration and Citizenship Temporary Working Visas Data Matching Program and it enables the ATO:

 

· to improve existing risk detection models and treatment systems

· to identify potentially new or widespread refund fraud methodologies and those entities controlling or exploiting those methodologies

· to investigate and take steps to mitigate threats of non-compliance and fraud; and

· to develop and implement administrative strategies to improve voluntary compliance and address the identified risks posed by temporary working visa holders and employer sponsors.

 

A document describing this program has been prepared in consultation with the Office of the Australian Information Commissioner. A copy of this document is available from:

 

Special Purpose Data Steward

Australian Taxation Office

PO Box 9977

Civic Square ACT 2608

 

Attention: Nigel Coldrick

Reference: Department of Immigration and Citizenship Temporary Working Visas Data

Matching Program

Read the following:

http://www.pomsinoz.com/forum/migration-issues/184037-ato-check-visa-holders-compliance.html#post1936195937

 

As it seems likely that you have posted under your real name, you should be aware that DIBP is known to monitor sites such as this one and to act on information found there.

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Amaar. You are digging yourself a hole. First stating that immigration department is not linked to any other database and you can get away with changing employees not letting them know, and then posting the actual statements from immigration and ATO proving that the databases are linked!

 

question...how does immigration know you have left a company ?

answer....when you stop getting salary deductions from tax in a number of consequetive pay periods......they know

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You mention a recruitment company - is it them that have sponsored you? I know when we were moving out there was a company that operated in this way - a labour hire agreement I think it was called. In which case your situation may be different. Who paid you? The recruitment agency or the employer directly?

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Guest aamirameera
Amaar. You are digging yourself a hole. First stating that immigration department is not linked to any other database and you can get away with changing employees not letting them know, and then posting the actual statements from immigration and ATO proving that the databases are linked!

 

question...how does immigration know you have left a company ?

answer....when you stop getting salary deductions from tax in a number of consequetive pay periods......they know

does it says linked?? Its says they asked that means they are not linked otherwise you dont need to ask for anything. And it also tells you the period they want information for. Hope now you understand.

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Guest aamirameera
Amaar. You are digging yourself a hole. First stating that immigration department is not linked to any other database and you can get away with changing employees not letting them know, and then posting the actual statements from immigration and ATO proving that the databases are linked!

 

question...how does immigration know you have left a company ?

answer....when you stop getting salary deductions from tax in a number of consequetive pay periods......they know

And one more thing go to ato.com.au and make your account over there and it will tell you which government bodies are connected with ATO and you can link your account as well.

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Guest Chewitts
And one more thing go to ato.com.au and make your account over there and it will tell you which government bodies are connected with ATO and you can link your account as well.

 

That is a different thing.......immigration dept is not something that you are able to "link" with the on you Mygov account like you can with Medicare, Centrelink, ATO, eHealth Record etc (why would you even need to?)

 

but out immigration have access to your ATO records

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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!!

Have a read of your first line. Right there you have said you broke your visa conditions.

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The Australian Taxation Office (ATO), are now to commence a data-matching exercise expected to weed out potential fraud and other breaches. The ATO have said they will be provided with personal details across 27 different types of visa by the Department of Immigration and Citizenship (DIAC), including working holiday makers, skilled workers, students and diplomatic staff.

 

The 27 visa subclasses are: 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576 and 580

 

Information will include place of study for student visa holders, details of migration agents, overseas travel movements, and whether immigration visas remain valid. The program will check that tax returns and business activity statements are being correctly completed by company sponsors and the visa holders, indicating they are meeting obligations set out in the visa conditions.

 

People found to be breaching conditions will be sent a letter and given 28 days to resolve any discrepancies - after which the ATO will take administrative action.

 

The agency said it will be sharing any information regarding visa holders not following the rules with the DIAC, which could result in visa cancellation and removal from Australia

Have another read of what you yourself posted.

 

The op should ignore ever piece of advice you gave them. You could be in a lot of trouble already yourself (PR can be cancelled).

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wow, that escalated quickly................

 

 

i was sponsored by my employer, the recruitment company merely facilitated the move and received a fee from my former employer for doing so. my situation is now like this, im not working and will not be until my new employer has the paper work in place. im hoping for under 4 weeks but hey this is what it is. i wanna stay and this is what i have to do. IF i get chased up on my trail period that i did illegally then i shall deal with that as and when, hopefully new sponsor in place means everythings good and i hoping nothing flags up in the system. time will tell. im in a much better mindset than the other day and happy that i have the chance to stay in australia.

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wow, that escalated quickly................

 

 

i was sponsored by my employer, the recruitment company merely facilitated the move and received a fee from my former employer for doing so. my situation is now like this, im not working and will not be until my new employer has the paper work in place. im hoping for under 4 weeks but hey this is what it is. i wanna stay and this is what i have to do. IF i get chased up on my trail period that i did illegally then i shall deal with that as and when, hopefully new sponsor in place means everythings good and i hoping nothing flags up in the system. time will tell. im in a much better mindset than the other day and happy that i have the chance to stay in australia.

 

Definitely ignore the incredibly poor advice by Aamir Raza. You've done the right thing by stopping work until your nomination with your new employer is approved. In regards to your earlier question, you don't get a bridging visa since you are already on a valid visa that unfortunately says you cannot work for anyone except your nominating sponsor (the visa condition Aamir thinks he hasn't breached).

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Guest aamirameera
Have another read of what you yourself posted.

 

The op should ignore ever piece of advice you gave them. You could be in a lot of trouble already yourself (PR can be cancelled).

So whats that in that line? I got 90days and he got his SBS approved before that and i applied again.

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Guest aamirameera

All the moderators are coming in this thread one by one to answer me. How many of you yourself have experienced all these procedures? Look and listen one thing dont think that Immigration will give there decision on someones life by reading your site. And you should know that to find a person anywhere in Australia, you need his/her name and DOB. And whatever i say i just dont get those things from my pocket. Most of the things i have experienced in my life or read it on the proper websites. Not here to learn from this website or to teach anyone. Just here to share experience and to listen others experience coz its different in every1 life. So stop stereotype every1's life and situation as you have heard or read somewhere. Coz all you guys do is to scare people in every thread and make them nervous. And most of you dont even have clue of anything.

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Guest Chewitts
So whats that in that line? I got 90days and he got his SBS approved before that and i applied again.

 

aamirameera / Aamir Raza (Not sure who to address this two as you are posting under 2 different names?)

 

 

I think Blossom is referring to your statement

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.
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Guest aamirameera
Definitely ignore the incredibly poor advice by Aamir Raza. You've done the right thing by stopping work until your nomination with your new employer is approved. In regards to your earlier question, you don't get a bridging visa since you are already on a valid visa that unfortunately says you cannot work for anyone except your nominating sponsor (the visa condition Aamir thinks he hasn't breached).

That means in every other way he is in breach of his visa coz even if you stop working with your 1st sponsor that is also a breach coz your contract states that, that you have full time work with your employer for whatever many year . But if you leave the employer and start working with your new employer and you get 90days from the date you have notified the immigration to get find your new sponsor.

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Guest aamirameera
That is a different thing.......immigration dept is not something that you are able to "link" with the on you Mygov account like you can with Medicare, Centrelink, ATO, eHealth Record etc (why would you even need to?)

 

but out immigration have access to your ATO records

Send me any link from immigration website where in any law or clause it states that the regularly inspect the ATO. Dont tell me what you have litened from the people show me the proof coz i am kinda person who just dont believe people so easily. coz when they even have clauses beased on cancelation on RSMS, so that means they should have a clause somewhere in there website states that they are linked to eachother. Ok when you send me the link or that then i will apologize to you guys and will say i am sorry to all of you. And this moderator blossom likes every single thread which are against me, dont you have anything to say or just going to like every other post.

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Department of Immigration and Citizenship

 

https://www.ato.gov.au/General/How-we-check-compliance/In-detail/Data-matching/Data-exchanges/Our-data-exchanges-with-other-Australian-government-agencies/

 

Department of Immigration and Citizenship (DIAC) onshore compliance staff request address information for individuals who have been classified as 'illegal non-citizens', to assist in locating them. DIAC provides name and date of birth details to us and we use this to retrieve address details. We are authorised to communicate information to DIAC for the purpose of assisting in locating persons who are unlawfully in Australia, under Item 3 in Table 7 in subsection 355-65 of Schedule 1 to the TAA.

Some specific information about persons who are visa holders or sponsors can also be disclosed to DIAC for the specific purposes set out in table item 4 in the same table.

 

So if they both are linked then why IMMI cant check these kinda stuff them self by just going into the ATO database them self?? And they are authorized to communicate...

 

Send me any link from immigration website where in any law or clause it states that the regularly inspect the ATO. Dont tell me what you have litened from the people show me the proof coz i am kinda person who just dont believe people so easily. coz when they even have clauses beased on cancelation on RSMS, so that means they should have a clause somewhere in there website states that they are linked to eachother. Ok when you send me the link or that then i will apologize to you guys and will say i am sorry to all of you. And this moderator blossom likes every single thread which are against me, dont you have anything to say or just going to like every other post.
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Guest Chewitts
Send me any link from immigration website where in any law or clause it states that the regularly inspect the ATO. Dont tell me what you have litened from the people show me the proof coz i am kinda person who just dont believe people so easily. coz when they even have clauses beased on cancelation on RSMS, so that means they should have a clause somewhere in there website states that they are linked to eachother. Ok when you send me the link or that then i will apologize to you guys and will say i am sorry to all of you. And this moderator blossom likes every single thread which are against me, dont you have anything to say or just going to like every other post.

 

If you feel the need to have it in writing from immigration that they have no access to the ATO and you are so sure that they don't then send them a request to confirm that you are in the right.....obviously giving them your current application number.....

 

For anyone to not be clearly aware of the conditions of their visa is irresponsible but to continue to argue when they have be informed of their mistake is just crazy.....

 

Occasionally I wish forums had "report to immigration" buttons. I would assure you I'd be using it for you.

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If i am that wrong then IMMI should have deported me back a long time ago coz in my form 80 i have disclosed everything that with how many employers i have worked while i was on my 475 visa, there business names were disclosed as well. They already know everything. Before you speak something, go and investigate on it and have a better understanding of things.

 

If you feel the need to have it in writing from immigration that they have no access to the ATO and you are so sure that they don't then send them a request to confirm that you are in the right.....obviously giving them your current application number.....

 

For anyone to not be clearly aware of the conditions of their visa is irresponsible but to continue to argue when they have be informed of their mistake is just crazy.....

 

Occasionally I wish forums had "report to immigration" buttons. I would assure you I'd be using it for you.

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