newtothis Posted August 4, 2016 Share Posted August 4, 2016 Hello Its some while since I posted on here and cant find my log in info so here I am starting as a newbie. Im sorry if this is long. We currently live in regional WA on a 457 visa (since March 2013) Hubby is a chef and the sponsor has three establishments, hubby is sponsored by what was the main business but was moved to a different establishment 2 years ago and they have now established a new company which owns the sponsoring business. He is head chef with the same bosses but he remains as sponsored and Salary going through the original business. Most other employees have been transferred to the new company. We questioned the move when it happened 2 years ago and was told by his employer that it was not an issue. When it was time to provide all our documents I received a call from the visa lawyer and he basically said that the sponsor sat under this new company as like an umbrella company and that it was best to just leave my husband at the original sponsoring company. This has left confusion and I have twice emailed to check on this with no reply. We had been advised in April and then May that lodgement was likely anytime and documents from the business were being finalised. On hearing nothing since we have asked for an update and been told that the company is currently looking in to the criteria for the business and that this could take a while. We have since emailed the owners to ask for clarification on this and to express our concern for the visa lodgement based on the lawyers response. Today the lawyer confirmed via email that the company does not meet criteria for the training benchmark and that they have provided the company with their options but that this could be costly and take some time. The owner has spoken to my husband and said that all employees including himself will move to the new company and has said that we can just transfer the 457 visa over as they own the original sponsoring company. We have no idea what to believe. The owners are very difficult to deal with and we feel unable to trust them. On top of the above my husband has spent the last 3.5 years treading on egg shells and working anywhere between 60-115 hours a week with holidays declined and no overtime pay at all. His commitment has been called in to question on many occasion, usually if he takes any holidays. we have believed that ultimately we have sacrificed our work/family balance to create a better life for us all here but feel now that regardless of how much we give to them, they will just use up what little energy we have left in all this. They are covering the legal fees whilst we pay for the actual visa, so therefore the lawyer works for them and today in a phone call my husband has been told that I have been 'snaking' around to the lawyer to find things out. they are also unhappy with the email asking for clarification and outlined our worries and concerns for our future and have said they will no longer deal with me and only my husband. We are worried, drained and upset and would really appreciate any help at all. We are looking in to getting RPL in order to get the relevant diploma to achieve a positive skill assessment and then we can maybe look down a different route...state sponsorship maybe?? Can we apply for any other visa without their backing? and can we do this whilst we are here? and can hubby work whilst we wait?! How long does RPL take? is this something that we can get on with now? We may approach the fairwork ombudsman to deal with the working conditions but are there any other companies that can advise anonymously. please help :sad::shocked::cry: Link to comment Share on other sites More sharing options...
Bungo Posted August 4, 2016 Share Posted August 4, 2016 Well there is quite a lot in there but it is getting a bit technical and hard to understand with all these different companies and him moving about (which I didn't think was allowed). Accordingly, I think it would be well worth you taking your own migration advice to clarify the legal situation for yourselves as it is. I think that that was a rather rude and unnecessary comment about you "snaking around". On the other hand, if I were a employer dealing with a visa for an employee I would expect that the conversations would be with the employe not the spouse, so in the interests of keeping things civil, I would suggest you back off and channel your feedback and questions through your husband. It doesn't look positive though overall though does it? I would certainly be looking into skilled migration now in your shoes and there is nothing the employer could do to stop you although as he has been there for three and a half years you are likely to need them for work experience verification. Chef is on the SOL so you wouldn't need state sponsorship but it does need a diploma. I do not know anything about RPLs and diplomas, however if you are having that consultation with a migration agent to establish current situation, I would also cover this off at the same time. I'd be tempted to try @wrussell who posts on here. I think it would be most unwise to engage Fairwork Australia. You are trying to get an employer sponsored visa off these people, reporting them isn't going to help. Even if you don't go that route, you are likely to still need them for references. Suck it up for now, it will be worth it in the end if you secure PR. As a bit of an aside, I always bang my head against the wall when people mention "better life" and "work / life balance" as though they are a given in Australia. It just isn't the case as you have seen. Good luck. Link to comment Share on other sites More sharing options...
newtothis Posted August 4, 2016 Author Share Posted August 4, 2016 Thank you for the reply. As you can imagine it is all very cloudy and messy in my head right now. I have always been the person that deals with the visa side of the relationship and despite the upset caused by their treatment of my hubby, I keep quiet and smile in all the right places to them. It certainly doesnt look positive at the moment and its gutting really appreciate your advice, thank you Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 5, 2016 Share Posted August 5, 2016 I think it is imperative and urgent that you speak to your own agent. Bungo has linked wrussel in his post and if you click on that you will get his details. He is a highly regarded agent. Link to comment Share on other sites More sharing options...
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