Guest resun Posted May 31, 2008 Share Posted May 31, 2008 G'day everyone ... One of my friend has got a great trouble regarding Sub-class 457 Visa. In May, 2007, via a Chinese local work agency, My friend got the offer from a HR company of Australia. The HR company promised she can work as a staff of that company temporarily until they helps her find an employer in Western Australia successfully. In December, 2007, my friend obtained the Sub-class 457 Visa. However, because the Commencement Date wasn't specified in the offer, so far that HR company hasn't give any information about her work. When she contacted the HR company and enquire that, they just replied her that she still needs to wait with patience because at the moment there is no suitable employer founded. But you can realise that almost half a year has passed since she got 457 Visa. So the proceed will be held off like that for such a long-term really makes her annoyed. Now she's still waiting in China. It is noted that to get this offer and visa, my friend had paid about 7,000 AUS dollars to the local Chinese work agency, which has a partnership with the HR company mention above. My friend had ever contacted the local work agency to ask if she can get a full-amount refund because of the current situation. But the rely from the local work agency is ......" You must admit it is yourself who decide to give up the offer and visa, rather than the fault of the work agency and the HR company ... Under this precondition, we can consider what proportion of refund we can give back to you. (It seems impossible for them to give the full-amount refund). In addtion, the Sub-class 457 Visa, which have been lodged to my friend, will have to be cancelled officially by DIAC." It is really unfair because it is obviously not the fault of my friend. It's really a complicated story. Hopefully I can make you guys understand. You can browse the offer online HERE. (For some reason, I have obliterated some sensitive details such as company name, salary amount ...... ). Could anyone who's experienced in this field please advise her how to deal with this situation? And can this offer like that be regarded valid in the legislative point of view? Please feel free give your constructive comments and advises. Thanks in advance. Resun Link to comment Share on other sites More sharing options...
suzy+1 Posted May 31, 2008 Share Posted May 31, 2008 This sounds really dodgy-are you sure its not a scam? An australian sponsoring company doesnt give you a temporary job whilst finding you a more permanent one- they have to prove to the australian government they have a job position that cannot be filled by someone in australia and then look outside australia for a suitable employee. They usually want people to start working as soon as possible after they have obtained their visa. I would phone the australian immigration department to check that the sponsoring 'company' exists. Link to comment Share on other sites More sharing options...
Guest yaiyt Posted May 31, 2008 Share Posted May 31, 2008 Hi, Suzy+1, thanks. I am the girl who is in the trapped situation. I am sure its not a scam. This company has sposored three girls. one of us has settled down and the second one will be sent back soon since the agency can not find a job for her. I am the third one who is asked to wait for more than half a year without any reasonable excuse. I am not sure wether they can recruit employee from oversea for other company like this. what I am concern is how can I get out this hopeless situation. Link to comment Share on other sites More sharing options...
suzy+1 Posted May 31, 2008 Share Posted May 31, 2008 Do you know these other girls personally? Best thing to do is to phone the australian immigration department and check with them, they are usually very helpful and if your sponsor is not living up to the argeement made then it is reportable to the immigration department. I would definalty NOT be signing the agency paperwork stating that it is you who has terminated the agreement. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 31, 2008 Share Posted May 31, 2008 Hello yaiyt and Resun Welcome to Poms in Oz. What exactly do you mean by "HR company", please? Do you mean a recruitment agency? I think they are called on-hire companies in Australia? I ask because sinnce 1st October 2007, recruitment companies have not been permitted to sponsor people for 457 visas themselves. Please see this article by Alan Collett of Go Matilda: Go Matilda - Your Gateway to Australia - News My guess is that the processing of yaiyt's 457 visa began before the legislation was changed and the new legislation probably doesn't affect visas that were already in the pipeline. I understand too (but not 100%) that Workforce Solutions are currently the only employment agency in Oz who are allowed to sponsor people for 457 visas themselves because they ahve signed a Labour Agreement with the Australian Government. Workforce Solutions are reputable. If they are yaiyt's Sponsors then I would not be unduly worried. Their website is here: Workforce Solutions Howwver as a matter of policy WS do not take people who do not have a positive skills assessment, so does yaitT have a positive skills assessment, please? If so, what is her nominated occupation, please? I have no idea what the financial deal with WS would bem but it might be worth contacting them direct to see whether they can help yaiyt. However, if they are not her Sponsors already, she would need a new 457 visa. The risk with discussing the situation with DIAC is that they might cancel the 457 visa before they invetigate how the HR company managed to sponsor yaiyt before they had a job lined up for her. It may prove to be a case of having to write off the $7,000 already spent in order to start again with a new sponsor and a new 457 visa unfortunately. Please shout if I can help any further. Best wishes Gill Link to comment Share on other sites More sharing options...
Guest yaiyt Posted June 1, 2008 Share Posted June 1, 2008 Suzy+1 and Gollywobbler Thanks for your guys. I know these girls personally. Gollywobbler know the 457 process well. In fact , my 457 visa was approved last Octobor but not December. Just as your guess, the application did before the legislation was changed. The recruitment agency promise that if they can not find a job for us, we will work for them. The offer for 457 application is issued by the recruitment agency. Unfortunately, they did not keep their words. The second girl worked for them for about 4 months and will be sent back since they can not transfer her sonporship and I am still in endless waiting. They do transfer their stress to us. I quited from my company half a year ago with their agreement. However, it sames that there is nobody working on this case. What I would like to know is if the offer can restrict their action? what I can do for this situaiton? Link to comment Share on other sites More sharing options...
Guest yaiyt Posted June 1, 2008 Share Posted June 1, 2008 Hi Golleywobbler I am afraid I can not understand what the setence below means "It may prove to be a case of having to write off the $7,000 already spent in order to start again with a new sponsor and a new 457 visa unfortunately" Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted June 2, 2008 Share Posted June 2, 2008 Hi again yaiyt I suspect that teh "contract of employment" is not enforeceable, for two reasons. Firstly, Resun says that no commencement date is stated iin it. Secondly it does not contain a jurisdiction clause. Since you were not in Australia at the time when the contact was made, I suspect that the courts in Australia would be unable to help because it does not state which country's laws govern the contract. Even if the court in Australia were minded to accept that the intention of both parties was clearly that the contract should be governed by Australiann law, the court would still be in difficulty because the contract does not say when the employment will commence. The court cannot import provisions that are not stated in the document. If you were in Australia, the company would be in serious trouble if they fail to pay you, regardless of whether or not they find any work for you to do. However I suspect that by keeping you outside Australia (annd by sending your friend home) they are able to get round that problem as well. If you report the situation to DIAC (which both the Chinese and the Australian work-agencies would deserve) there is a risk that DIAC might cancel your 457 visa first and then ask questions later. Somebody - presumably the Australian agency - has paid DIAC around $500 for your visa: Employer Sponsored Temporary Visa Charges What was the rest of the $7,000 supposed to be for and how much is the Chinese agency willing to give back if you purport to terminate this contract? The normal procedure with recruitment companies is that the employer pays them, not the worker. Threatening to report both companies to DIAC might not do any good because the Australian agency is no longer able to sponsor people for 457 visas anyway. It is a threat that probably wouldn't have any significant impact on their business. Realistically, I suspect you are going to find that it is unlikely that the company will find work for you in Australia. To be employed in Australia by any other company, you would need a new 457 visa. That might not be as easy to get as the last one because the actual employer (ie the company that you would be working for, not the recruitment agency) would have to sponsor you and also, you would ahve to pass the IELTS unless you have already passed that in connection with your current 457 visa? Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) Have you got another job in China? If not, I would get one because obviously you need income. You cannot wait around hoping that you might suddenly be summoned to Australia, I suspect. Also, would you want to go to Australia at all if all that would happen is that you would be sent back to China after a few months like your friend? So - what can we do to limit the damage? What is your ocupation and did you obtain a positive skills assessment in connection with the 457 visa, please? A-Z Occupations List - Australian Skills Recognition Information If you do not already have a positive skills assessment plus the right score in the IELTS, would you be able to obtain both? You would be in a much stronger position if you have both, my friend. I think you have been treated very badly, but I suspect that the most you are going to get is the partial refund that Resun described, to be honest. Best wishes Gill Link to comment Share on other sites More sharing options...
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