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Redundant while waiting for ens186 decision


mylowe

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I've been working for a meat works for 4 years on a 457, the company decided to nominate my family for the ens 186 which cost us almost $10,000. After 5 months of waiting for pr the company decided to make me redundant and withdraw there nomination giving me 28 days to find or leave Australia. I have been trying flat out to find a new company to nominate me with no luck. All this has put so much stress on us bc we don't want to leave.

 

Has this happened to anyone else and if so what was your out come.

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I've been working for a meat works for 4 years on a 457, the company decided to nominate my family for the ens 186 which cost us almost $10,000. After 5 months of waiting for pr the company decided to make me redundant and withdraw there nomination giving me 28 days to find or leave Australia. I have been trying flat out to find a new company to nominate me with no luck. All this has put so much stress on us bc we don't want to leave.

 

Has this happened to anyone else and if so what was your out come.

 

 

Very sorry to hear that, but yes at least it is 90 days.

 

As you want to stay permanently, I would be looking into moving away from employer sponsorship now and look into skilled migration so you won't be relying on anyone else. A new employer sponsor is probably not going to go straight for a permanent visa sponsorship anyway. Do you know much about this route? It is the 189 or 190 visas.

 

I doubt you have any legal recourse, but can you appeal to the company's better nature over refunding visa application fees? After four years you are hopefully getting a reasonable redundancy payout anyway which they could top up as a gesture of goodwill. What type of a company are they? If they are a larger one especially, then I definitely think it is worth the question.

 

As to has it happened before. Sigh. Yes many times, however those of us that try to alert people to these potential pitfalls in advance still get slated for doing so. I have seen it many times, outcomes probably 50:50 with half finding a new visa route (either a new 457 sponsor or for something like a partner visa) and the other half leaving. The latter group unlikely to stick around an immigration forum afterwards so you might not get too many personal accounts.

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Thanks for your replies it states on my bridging visa that it's 28days. With being a skilled meat worker it's not on the skilled select list so not sure if I can apply on a 189 or 190

 

So had your 457 already expired then? Hmm yes from your time line I can see it must have expired October last year. In that case yes I can understand you won't have 90 days. That would be for cancellation of a still active 457.

 

Your occupation must have been on the skills list even for a 457 visa though. And it will need to still be on the list if there is any hope of finding a sponsor or an independent visa. There are two lists, the SOL and CSOL, have you looked at both? Can you dig out any old paperwork and see what occupaiton code you were on for the 457.

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So had your 457 already expired then? Hmm yes from your time line I can see it must have expired October last year. In that case yes I can understand you won't have 90 days. That would be for cancellation of a still active 457.

 

Your occupation must have been on the skills list even for a 457 visa though. And it will need to still be on the list if there is any hope of finding a sponsor or an independent visa. There are two lists, the SOL and CSOL, have you looked at both? Can you dig out any old paperwork and see what occupaiton code you were on for the 457.

 

 

Sorry if if I offend I work on kill floors and boning rooms this type of work is not on the lists but does have a skill shortage the companies have to negotiate with the government for a labour agreement which makes things harder

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Sorry if if I offend I work on kill floors and boning rooms this type of work is not on the lists but does have a skill shortage the companies have to negotiate with the government for a labour agreement which makes things harder

 

I had a look on the lists, there was meat inspector on the CSOL but the other occupations with "meat" in the title were not on a list as you say. I don't know a lot about to about agreements as they are quite unusual.

 

I am unfortunately coming round to the view that you need to start mentally preparing yourself for a return. Of course you simultaneously continue to hunt for a labour agreement sponsor, but I would start to explore moving back as well and gradually getting your head around it.

 

I note your son is 17 or is he older now? If you ddi find another sponsor, it is another 457 visa and potentially you are in the same situation again down the line and his situation gets very tricky, even if it is not already.

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however those of us that try to alert people to these potential pitfalls in advance still get slated for doing so

 

Tell me about it. I advise 457 applicants to take early steps to qualify for PR, if they can - in case of a failure of business conditions or the employer not liking the shape of their head. Most ignore this advice and often find themselves with 90 days to depart Australia. If they apply for repatriation from the employer, they should do so - before the visa is cancelled.

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Hopefully you should get your return fares paid for by your employer if, as seems likely, you do have to leave. Sorry this has happened for you as you do seem to like it in Australia but you should prepare for the worst (whilst hoping for the best and ask that) and take what comes. 28 days is tight timing.

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Honestly i think at this point the best you can hope for is that your former employer pays for your fairs back to the UK. It's unlikely you'll get another sponsor in the 28 days. i'm so sorry this has happened to you. Many of us on here do try to point out the pitfalls of coming on a 457 visa and a usually shouted down as being negative nancy's etc. Yes it does work out for some but many have to go back in a sorry mess. Good luck to you and your family i do really feel for you all.

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