hedder902 Posted September 3, 2016 Share Posted September 3, 2016 Hi, I need urgent advice. I've been in Australia for just over 4 years, 3 of them working on a 457. As of April, I submitted the first part of my application for permanent residency, and this upcoming week I was going to submit the more expensive half, my application. My visa expires on Sept 19, so this would have allowed me to stay on the bridging visa until immigration said yes. 2 days ago, my boss let me go. He knew my situation and felt no remorse. I was pushed out of the job I have been working for 4 years months before having my perm. residency approved. I'm now at a loss. Had I known this was going to happen, I would have planned. I have been with my partner for over 2 years and we have been living together for almost 2. I believe I can apply for a partner defacto visa (if i can find $4000) in the next couple days. Would this allow me to stay after Sept 19 if my application has been submitted? Any help would be appreciated. I now have to find out how to cancel my P.R application and try and get my initial money back. Regards, Heather Link to comment Share on other sites More sharing options...
SOMV Posted September 3, 2016 Share Posted September 3, 2016 Hello Heather, The good news is that you can apply for a partner visa, assuming that you can meet the criteria, and since you have been living together for over 12 months, as long as you have proof of this this visa should not be an issue. The very very important thing is to get an application submitted before your current visa expires. In fact, as a matter of urgency, since given that your employment has ceased you are now technically in breach of your visa conditions!!! I think that your boss at least owes you so much so that he should not sack you until you have had a chance to submit your spouse visa application. You may want to remind him/her of the company's obligations under the 457 they you are having a discussion about this. For example, the company is actually supposed to pay for your flights out of Australia: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/457-visa-holders-workplace-rights-and-entitlements Please do check the 457 employer obligations out, and go re-negotiate this part of your employment. Surely the boss can allow you to stay put until the 19th, to give you a chance to lodge another visa application. If you do do manage to lodge a new visa application before the expiry of your current visa, then you will get a bridging visa which will allow you to stay while the partner visa is being processed. If you are not holding a substantive visa when you submit your partner applications you will have issues. I would definitely say, do not speak to the Department! If you feel you need to speak to someone to get further help, go and get advice from a migration agent in the area. Immediately, before you do anything else. Also you cannot actually "cancel" an existing application. You can certainly ask for it to be withdrawn, but again, you should see an agent before doing anything of the sort. You need to act quickly: a de facto application takes a while to prepare, it can certainly be submitted before the 19th, but there isn't that much time, and you want to get it in asap. Best of luck! Hi, I need urgent advice. I've been in Australia for just over 4 years, 3 of them working on a 457. As of April, I submitted the first part of my application for permanent residency, and this upcoming week I was going to submit the more expensive half, my application. My visa expires on Sept 19, so this would have allowed me to stay on the bridging visa until immigration said yes. 2 days ago, my boss let me go. He knew my situation and felt no remorse. I was pushed out of the job I have been working for 4 years months before having my perm. residency approved. I'm now at a loss. Had I known this was going to happen, I would have planned. I have been with my partner for over 2 years and we have been living together for almost 2. I believe I can apply for a partner defacto visa (if i can find $4000) in the next couple days. Would this allow me to stay after Sept 19 if my application has been submitted? Any help would be appreciated. I now have to find out how to cancel my P.R application and try and get my initial money back. Regards, Heather Link to comment Share on other sites More sharing options...
hedder902 Posted September 3, 2016 Author Share Posted September 3, 2016 Thank you SO much for your information. You have no idea how grateful I am. I feel helpless because it's Sunday, so I can't do anything but sit and stir with my own thoughts. I have emailed for a migration agent in my area to contact me back for a meeting. The only thing I'm scared about is that my partner and I do not have a joint bank account, we just pay our bills from our individual accounts. We can certainly open one, however it might look weird if it's a new account. I will definitely look into my employers obligations as sponsor as I'm sure he doesn't realise his responsibilities. I do believe I have grounds for unfair dismissal too however I cannot think of dealing with that until I confirm I am still legal in the country after the 19th. Bigger fish to fry as they say. Thank you again for your help. I hope I can retain my status here as I have already established a life, car loan and all! haha Regards, Heather Link to comment Share on other sites More sharing options...
wrussell Posted September 4, 2016 Share Posted September 4, 2016 Hi, I need urgent advice. I've been in Australia for just over 4 years, 3 of them working on a 457. As of April, I submitted the first part of my application for permanent residency, and this upcoming week I was going to submit the more expensive half, my application. My visa expires on Sept 19, so this would have allowed me to stay on the bridging visa until immigration said yes. 2 days ago, my boss let me go. He knew my situation and felt no remorse. I was pushed out of the job I have been working for 4 years months before having my perm. residency approved. I'm now at a loss. Had I known this was going to happen, I would have planned. I have been with my partner for over 2 years and we have been living together for almost 2. I believe I can apply for a partner defacto visa (if i can find $4000) in the next couple days. Would this allow me to stay after Sept 19 if my application has been submitted? Any help would be appreciated. I now have to find out how to cancel my P.R application and try and get my initial money back. Regards, Heather You will need more than $4000 to apply fro a partner visa. The current visa application charge is $6865. You almost certainly cannot obtain a refund by withdrawing your current application. If you go to my website: pinoyau.com and use the contact form, I will have a look at your case, if you wish. Link to comment Share on other sites More sharing options...
hedder902 Posted September 4, 2016 Author Share Posted September 4, 2016 You will need more than $4000 to apply fro a partner visa.The current visa application charge is $6865. You almost certainly cannot obtain a refund by withdrawing your current application. If you go to my website: pinoyau.com and use the contact form, I will have a look at your case, if you wish. Thank you. I have savings, but just need to figure out the remaining $4000'ish balance to make up the remaining amount. Thankfully the only part of the PR application that is in, is the first sponsorship part. Link to comment Share on other sites More sharing options...
ProudmuminUK Posted September 6, 2016 Share Posted September 6, 2016 Heather, I'm not an agent, but my daughter and son in law in a similar situation last week...I posted a week or so ago. I actually flew over as I was worried about the pregnancy (obviously this isn't similar to you!) anyway, there was a clear cut case of constructive dismissal and long story short, the company realised that we'd done our homework, and in short, they have kept my son in law on albeit in a different location but on all same t&c's and he has it in writing that they will continue to support him to PR, and they have retracted any reference to performance management. Google 457, harsh, unfair and unreasonable for starters, as there's a few cases that might help you discuss a compromise with your employer... I truly hope you get sorted out, it's an awful situation to be in - seeing it first hand in the last few days, I can imagine the stress you're feeling right now. I've just got back to the Uk today, knowing my daughter's blood pressure is now back to acceptable levels, and my son in law is still in work, with a little more security for now. Good luck x Link to comment Share on other sites More sharing options...
SOMV Posted September 6, 2016 Share Posted September 6, 2016 I am so glad to hear that it worked out for them! It sounded absurd to be pulling the rug out at the last minute. Heather all the very best, hope it is also a happy ending. Do let us know! Heather, I'm not an agent, but my daughter and son in law in a similar situation last week...I posted a week or so ago. I actually flew over as I was worried about the pregnancy (obviously this isn't similar to you!) anyway, there was a clear cut case of constructive dismissal and long story short, the company realised that we'd done our homework, and in short, they have kept my son in law on albeit in a different location but on all same t&c's and he has it in writing that they will continue to support him to PR, and they have retracted any reference to performance management. Google 457, harsh, unfair and unreasonable for starters, as there's a few cases that might help you discuss a compromise with your employer...I truly hope you get sorted out, it's an awful situation to be in - seeing it first hand in the last few days, I can imagine the stress you're feeling right now. I've just got back to the Uk today, knowing my daughter's blood pressure is now back to acceptable levels, and my son in law is still in work, with a little more security for now. Good luck x Link to comment Share on other sites More sharing options...
ProudmuminUK Posted September 7, 2016 Share Posted September 7, 2016 Thanks SOMV...seems it wasn't anything to do with SIL, it's just the way the company deals with their internal problems...sack an employee rather than looking at underlying causes. Sadly they did dismiss another manager in NSW the same week. There is definitely something wrong with the way employers treat those on 457 visas....there's a lot on the Internet. I don't want to hi jack Heather's post, just wanted to offer some support. Heather, even if you get your employer to keep you on until such time you secure your other visa, you might at least continue to get paid, and then leave on your own terms ( whilst sticking up two fingers!!) Link to comment Share on other sites More sharing options...
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