newtothis Posted August 4, 2016 Share Posted August 4, 2016 Hello, could you please help at all 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 (this isnt true at all). 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? Please if you are able to help us it would be a very big weight lifted to even know our options thank you Link to comment Share on other sites More sharing options...
ricco56 Posted August 15, 2016 Share Posted August 15, 2016 This has perhaps been dealt with in a separate thread. Arrangements between employer and employee (457 holder) are impacted by both Migration Law and Industrial Law and hence it is in your interest to discuss this particular situation with a Registered Migration Agent. Link to comment Share on other sites More sharing options...
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