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RE: Discrimination against working holiday visa holders


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I am on a working holiday visa (417) and I have been to countless interviews here in Victoria. I do well at corporate interviews and they love me until I mention my visa situation. I tell them that I can work for 6 months and then if they like me they can sponsor me after that. I have noticed that soon after I'm either terminated with flimsy reasoning or not considered for the job after. Usually I get a vague letter that says I was not a fit for the position.. I can't help but feel that employers are discrimination against me because of my visa situation. I know this is illegal, yet I still here many managers say it to my face. They tell me I'm not worth training if I am to leave them after 6 months or it is too difficult to sponsor after 6 months. I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?

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I know it sounds frustrating but most people on working holiday visas don't apply for corporate jobs, they do hospitality and farm work. If you not interested in that it will be hard to find work. A suggestion I have is to look for a recruitment agency that places people on temp and contracts. That's probably the only way to get a corporate job. When I got here I had a 3 year visa and could work full time and they were afraid I would leave ... It took me almost a year to get a permanent role and I had to get temp work. Even know that I'm permanent resident they mention often about me leaving or going back ... Anyone can leave independent if they local or not.

Good luck.

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Of course they're discriminating against you because of your visa situation!

 

But what on earth makes you think it's illegal?

 

It's perfectly OK for them to knock you back because you're only available for six months. And for you to say 'oh just sponsor me afterwards' is also rather presumptuous. The job might not be valid for sponsorship and they might not have the funds, experience, time or inclination to sponsor anyone.

 

If you want to able to apply for permanent jobs, then get a permanent visa. :err:

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It is not illegal to reject someone with a 6 month visa for a permanent position but it could be illegal to offer you the position and sponsor you after 6 months if there are suitable Australian residents who could have fulfilled the position.

 

If you are not telling employers until interview about your visa situation you risk shooting yourself in the foot as they won't thank you for wasting their time.

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Yup, it sounds like you're not applying for the right jobs - you probably wouldnt have those issues if you opted for fruit picking or bar work. Theyre entitled to discriminate if you dont fit the profile they are looking for ie someone with permanent work rights in Aus, nothing illegal about it.

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Of course they're discriminating against you because of your visa situation!

 

But what on earth makes you think it's illegal?

 

It's perfectly OK for them to knock you back because you're only available for six months. And for you to say 'oh just sponsor me afterwards' is also rather presumptuous. The job might not be valid for sponsorship and they might not have the funds, experience, time or inclination to sponsor anyone.

 

If you want to able to apply for permanent jobs, then get a permanent visa. :err:

 

Discrimination based solely on visa status is illegal in Australia, look it up.

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Discrimination based solely on visa status is illegal in Australia, look it up.

 

Sorry, no it is not (my qualifacation LLB - bachelor of law with Hons)

 

that at is why most of the biggest corporates spcifacly ask visa status. You are on holiday and and nothing more.

 

If if you arrived in front of me at interview and had misled your visa status then you go in the big grey filing cabinet on the floor for misleading.

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I am on a working holiday visa (417) and I have been to countless interviews here in Victoria. I do well at corporate interviews and they love me until I mention my visa situation. I tell them that I can work for 6 months and then if they like me they can sponsor me after that. I have noticed that soon after I'm either terminated with flimsy reasoning or not considered for the job after. Usually I get a vague letter that says I was not a fit for the position.. I can't help but feel that employers are discrimination against me because of my visa situation. I know this is illegal, yet I still here many managers say it to my face. They tell me I'm not worth training if I am to leave them after 6 months or it is too difficult to sponsor after 6 months. I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?
With an attitude like yours, I wouldnt employ you either!
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You mention nothing about your age, qualifications or work experience. My daughter came on a WHV several years ago, well qualified, had plenty of experience in her field, and at age 30.She did get a good job and was then sponsored on a 457, so it can happen, but things are I think harder now.You can't blame an employer for preferring to employ someone with no restrictions on how long they can work for them, and you mention the need to be trained, so again the question is how well qualified are you for the roles you are applying for?My daughter didn't require any training.

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Discrimination based solely on visa status is illegal in Australia, look it up.

 

There is no discrimination occurring in your case according to Australian anti-discrimination-law as you're here on a 'holiday' visa and people with 'holiday' visas do 'holiday' jobs which are mentioned above! It's easy as that.

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I am on a working holiday visa (417) and I have been to countless interviews here in Victoria. I do well at corporate interviews and they love me until I mention my visa situation. I tell them that I can work for 6 months and then if they like me they can sponsor me after that. I have noticed that soon after I'm either terminated with flimsy reasoning or not considered for the job after. Usually I get a vague letter that says I was not a fit for the position.. I can't help but feel that employers are discrimination against me because of my visa situation. I know this is illegal, yet I still here many managers say it to my face. They tell me I'm not worth training if I am to leave them after 6 months or it is too difficult to sponsor after 6 months. I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?

 

Seriously? This has to be a wind-up post???!

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I am on a working holiday visa (417) and I have been to countless interviews here in Victoria. I do well at corporate interviews and they love me until I mention my visa situation. I tell them that I can work for 6 months and then if they like me they can sponsor me after that. I have noticed that soon after I'm either terminated with flimsy reasoning or not considered for the job after. Usually I get a vague letter that says I was not a fit for the position.. I can't help but feel that employers are discrimination against me because of my visa situation. I know this is illegal, yet I still here many managers say it to my face. They tell me I'm not worth training if I am to leave them after 6 months or it is too difficult to sponsor after 6 months. I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?

 

It is not illegal and it is not discriminatory. In fact I should hope you would not get prefernce above citizens or permanent residents. If you want to compete for these jobs then get the correct visa.

 

If you want an extended holiday and to work for a bit of pocket money, then the WHV is perfect.

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Discrimination based solely on visa status is illegal in Australia, look it up.

 

I would be very interested if you could refer us to this legislation with a link perhaps, because actually quite a few things in Australia work differently depending on visa status. Medicare, childcare benefits, driving licence rules, taxation, the list goes on ...

 

Anyway, you are being knocked back because you don't have appropriate working rights. If I am recruiting for a permanent job then I will turn down applicants who can not commit to the needs of the job. Be it you or any other candidate that wanders in and announces that they are only available for six months. I would also have no problem telling you this to your face. And quite frankly, if you didn't tell me about your visa status until interview stage I would be seriously hacked off but would make a mental note to check first in future.

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I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?

 

If they are, it's probably because they are as arrogant and ignorant of the visa situation as you are..............big deal!..............you have the money to "litigate people"...........therein lies the crux of the matter, that you think having a few bob entitles you to be "heard"..............what's probably even more likely to illustrate your problem, is just how did you come by the "money to litigate people"? don't answer as it's only a forum and anyone can claim anything..........but......attitudes, even thoise illustrated via typed words without body language, invariably speak volumes...........spoiled child comes to mind

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Whoah guys - bit harsh :unsure:

 

 

 

Stacey my love............not at all.................they can avail themselves of the same info as you have..............if they get criticised, then that isn't "harsh"...........it's merely illustrating that they are eithe totally inept or that they think the world (ie Oz ) owes 'em a living.................ie not inept but a spoilt petulant person who stamps their feet on PIO when they can't get their own way

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What an insult to the hundreds, if not thousands of people on this forum who have spent years ensuring the meet all the criteria for a PR skilled visa so they can stay in Australia, rather than taking the WHV route... Yes, you believe you are 'entitled' to just jump on a plane and take a job and stay permanently in Australia... Well no I bleeding hope it aint that easy for you.

 

Did I mention I have spent over 7 years retraining and getting experience so I can live and work in Australia???

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I do not think that anyone would look at you with sympathy in Aus. Aussies are upset that so many people are coming over on short term visas, holiday visas etc and taking jobs from local people. You talk so entitled and you are not. If you want to use the country for a holiday do the usual back packing jobs, if you want to live here permanently get a visa. Companies are inundated all the time with people wanting them to sponsor them however if there are Australians who can do the job they are not allowed to sponsor people from overseas.

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Discrimination based solely on visa status is illegal in Australia, look it up.

 

Your situation is not discrimination. You have applied for a job that unless it is stated is less than 6 months in duration is itself is not one you can legally do ON YOUR CURRENT VISA. If you were a spouse of someone on a 189 visa - and they did not give you the job on that fact - then that is illegal. You are not able to accept the job in the first place without getting another visa - that is why you are being flicked off.

 

Really if you did not indicate in your application your visa type and its restrictions then you had no rights to go to the interview - all it did was waste their time (and if they are a big corporate - your application will be kept on file with a big red mark on it).

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  • 4 weeks later...
I am on a working holiday visa (417) and I have been to countless interviews here in Victoria. I do well at corporate interviews and they love me until I mention my visa situation. I tell them that I can work for 6 months and then if they like me they can sponsor me after that. I have noticed that soon after I'm either terminated with flimsy reasoning or not considered for the job after. Usually I get a vague letter that says I was not a fit for the position.. I can't help but feel that employers are discrimination against me because of my visa situation. I know this is illegal, yet I still here many managers say it to my face. They tell me I'm not worth training if I am to leave them after 6 months or it is too difficult to sponsor after 6 months. I have the money to litigate people but I'm not sure how to go about it since people are not stupid enough to put it in writing or speak on record. Anyone else in this situation?

 

If you read the ts and cs of a working holiday visa it actually says that you are supposed to be in Australia to travel, and any work that you undertake should be to subsidise this. Granted, no one really uses it for that purpose anymore, but that is the reason behind the 6 month rule. You should definitely look into a permanent visa if you can - is your occupation on the skilled migration list? In my opinion (and it is only that, so not to be taken as gospel at all), companies are just not really willing to sponsor as many people as they used to be. I was here five years back and I got work straight away - this time I've been in and out of work with regular bouts of unemployment. I am a lawyer back in the UK and I've been working as a receptionist. We're waiting to hear about our 189 visa which I'm hoping is going to make me more employable, but it is very difficult to get work on a working holiday visa. I actually think that it's hard to get work anyway at the moment. Working with a temping agency I meet a lot of other temps that are Australian, and they have been in and out of work the same as I have, not able to get anything permanent.

 

I wouldn't think that what they are doing is illegal. Sponsoring employees is very costly, and recruitment costs are so high that they don't want to have to do it over and over every 6 months because people can't stay any longer. Explore your other options - and good luck :)

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So you have the money to take employers to the cleaners in a discrimination case? Then can I make a suggestion....you spend that money on having a holiday in Australia and forget about working while you're here! Leave the jobs for the skint backpackers who need the money more than you do.

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