Australian0american Posted June 22, 2015 Share Posted June 22, 2015 Hello, I have just been nominated for my 457 visa and when the question of salary was displayed on the nomination, my employer put 56k to comply with the regulations. I asked if I was getting a raise (I only make 48k) and he laughed and said “there is no way I can’t afford that”. My dilemma – I want to tell him to pay me what is fair, however since my 457 is in the bridging phase I am afraid he will just cancel it. Any suggestions? Thanks Link to comment Share on other sites More sharing options...
Bungo Posted June 22, 2015 Share Posted June 22, 2015 Hello, I have just been nominated for my 457 visa and when the question of salary was displayed on the nomination, my employer put 56k to comply with the regulations. I asked if I was getting a raise (I only make 48k) and he laughed and said “there is no way I can’t afford that”. My dilemma – I want to tell him to pay me what is fair, however since my 457 is in the bridging phase I am afraid he will just cancel it. Any suggestions? Thanks You cannot force an employer to pay you what you want even if it is market rate. Even a citizen cannot force an employer to pay a market rate and some people will be paid below the accepted market rate. Generally the only thing you can do about this is negotiate or find a new employer. Your situation is of course trickier, you push it and there is a very good chance that the employer will pull out of sponsorship. On the other hand, keeping quiet means you are complicit in visa fraud and it might come back to bite you if you apply for a permanent visa down the line and your earnings and tax details are required. You are between a rock and a hard place I think. Any chance you can apply for a skilled migrant visa? Link to comment Share on other sites More sharing options...
flatpack Posted June 22, 2015 Share Posted June 22, 2015 Head down, arse up for the duration needed. It's crap but if he sacks you what you gonna do then? Link to comment Share on other sites More sharing options...
lightunderscore Posted June 22, 2015 Share Posted June 22, 2015 I think your employer may be breaching the law? Fair Work Ombudsman might be interested. But of course, down goes your visa IMHO! Link to comment Share on other sites More sharing options...
blossom Posted June 22, 2015 Share Posted June 22, 2015 It's even worse than that as immigration announced a while ago that they were linking to the tax office to ensure sponsored employees were being paid the correct rate. I'm assuming this is random checking, but still. Is be looking for another employer. Link to comment Share on other sites More sharing options...
Freckleface Posted June 22, 2015 Share Posted June 22, 2015 It's even worse than that as immigration announced a while ago that they were linking to the tax office to ensure sponsored employees were being paid the correct rate. I'm assuming this is random checking, but still. Is be looking for another employer. These types of checks can be automated now and I expect this is why the immigration and tax departments are linking up. This cross check is just one in a long list that have been put in place in recent years. To the OP - an employer who is willing to commit fraud isn't one I would want to be associated with. You would be better off looking for another sponsor before you get caught up in the fall out (when this deception comes to light). Link to comment Share on other sites More sharing options...
Raul Senise Posted June 22, 2015 Share Posted June 22, 2015 Hello, I have just been nominated for my 457 visa and when the question of salary was displayed on the nomination, my employer put 56k to comply with the regulations. I asked if I was getting a raise (I only make 48k) and he laughed and said “there is no way I can’t afford that”. My dilemma – I want to tell him to pay me what is fair, however since my 457 is in the bridging phase I am afraid he will just cancel it. Any suggestions? Thanks This is a serious issue you need to address. If the employer is monitored by Immigration they will be sanctioned as they are not paying you the salary nominated and not even paying you a salary which is above the TSMIT. It is not enough for them to specify a salary on the nomination, they must actually pay you this to comply. Even if they are not found out immediately, it will become an issue when you try to covert to PR after two years. Link to comment Share on other sites More sharing options...
adaminoz Posted June 22, 2015 Share Posted June 22, 2015 I have seen some evidence (although not conclusive) that this can be picked up electronically. Someone working for our company had their salary droppedbelow was it was supposed to be once on a 457. 3 months later a "random" tax office visit with Officers "suggesting" they rectified their compliance with their obligations, and were quite specific, within 30 days. Link to comment Share on other sites More sharing options...
Australian0american Posted June 23, 2015 Author Share Posted June 23, 2015 Thanks for the advice. It appears I am between a rock and a hard place. To make matters worse, my 417 expires in just over a month so looking for another company to sponsor me would be tricky. I also know a few other people at my work on a 457 are also not being paid up to the market rate and the now possibility of not getting my PR after 2 years is very concerning. Link to comment Share on other sites More sharing options...
wrussell Posted June 23, 2015 Share Posted June 23, 2015 A bald claim of $56k does not comply with the regulations. An employer must pay the 'Market Salary Rate' for the nominated occupation, which must be equal to or greater than the TSMIT (Temporary Skilled Migration Income Threshold ) and cannot be significantly different from the amount others in comparable positions are being paid. Submitting false evidence about the Market Salary Rate could be catastrophic. You might want to consider whether lodging a 457 application onshore and running the risk of an onshore visa refusal is in your best interests. This is not professional advice, only a commentary on your post. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 23, 2015 Share Posted June 23, 2015 Yes, you are indeed between a rock and a hard place. Is an independent visa an option? If I were in your shoes, I'd put a considerable effort into either working out another visa option or finding another employer. I'd suggest your co-workers on 457 visas do the same, and report this employer to DIBP so they aren't able to put more unfortunate applicants into your same shoes. Link to comment Share on other sites More sharing options...
adaminoz Posted June 23, 2015 Share Posted June 23, 2015 Can I suggest a practical option? Get your 457, then find a replacement sponsor. Even if you were to leave your employer you'd have 90 days then rather than the little time you have left now, and transferring a 457 is quicker than getting it in the first place Link to comment Share on other sites More sharing options...
Australian0american Posted June 23, 2015 Author Share Posted June 23, 2015 Can I suggest a practical option? Get your 457, then find a replacement sponsor. Even if you were to leave your employer you'd have 90 days then rather than the little time you have left now, and transferring a 457 is quicker than getting it in the first place Yes I think this may be a good option. Worst case I am out a few thousand dollars if my work asks me to pay pack the money for the visa, but it is better than working for 2 years and then having my PR rejected because they didn't pay me correctly. Thanks for all of the advice. I just wish there was a way to hold them accountable without loosing my visa in the process... Link to comment Share on other sites More sharing options...
wrussell Posted June 24, 2015 Share Posted June 24, 2015 May I suggest you consult a registered migration agent for advice about possible strategies? Link to comment Share on other sites More sharing options...
blossom Posted June 25, 2015 Share Posted June 25, 2015 Yes I think this may be a good option. Worst case I am out a few thousand dollars if my work asks me to pay pack the money for the visa, but it is better than working for 2 years and then having my PR rejected because they didn't pay me correctly. Thanks for all of the advice. I just wish there was a way to hold them accountable without loosing my visa in the process... Personally, if they tried to tell me I had to pay back visa charges I'd be telling them to take you to court as they have broken their contract with you, leaving you working illegally for them. Of course you have no option but to look for another employer. THEY have cost you. Link to comment Share on other sites More sharing options...
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