Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members


..and much much more!

    Recommended Posts

    Hi all, 

    Any advice you could give on our current situation would be really appreciated, summary below: 

    • Worked for a construction company since April 2014 
    • After the 2 year period they agreed to start the process of PR (transition stream) 
    • The company strung us along for over a year saying they would start the process       
    • In April, they agreed to allow our migration agent complete their nomination and we paid $2500 to the agent to start the process
    • Start of June, my partner is terminated
      • He received an email in Jan to say he was "on a warning" from the construction manager 
      • He was never given any guidelines as to how to "improve" his performance 
      • During this time the construction manager was demoted and the current construction manager agreed to process our PR application

    Has anyone had any experience in dealing with the fairwork commission and whether we should seek legal advice about this?

     

    Any help would be really appreciated. 

    Share this post


    Link to post
    Share on other sites
    Moneycorp

    Moneycorp

    I would seek urgent legal advice and advice from a good migration agent as your 60 day clock is now ticking.

    Share this post


    Link to post
    Share on other sites

    Absolutely, talk to a registered migration agent! Remember, though, that your employer is responsible for paying for your fares back to UK, don't let them try and wriggle out of that.

    Share this post


    Link to post
    Share on other sites
    Quote

    we paid $2500 to the agent to start the process

    It is illegal for a visa appplicant to pay for costs associated with a nomination.

    Quote

    your employer is responsible for paying for your fares back to UK

    Only if a request is made BEFORE the 457 visa is cancelled.

     

    Quote

    Has anyone had any experience in dealing with the fairwork commission and whether we should seek legal advice about this?

    In my experience, if the ABN holder deregisters, the commission is deprived of jurisdiction.

    You might want to take legal advice about this  and about the benefit an application might bring an unemployed applicant with no work rights.


    Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

    Share this post


    Link to post
    Share on other sites

    Thanks for all the advice guys, i'll let you know the outcome once we have it. Lodging unfair dismissal application with Fairwork tomorrow. 

    Share this post


    Link to post
    Share on other sites

    Speak to a good migration agent urgently. Lodging with Fairwork may not stop the clock ticking on your 60 days but may take longer than 60 days to process. Also, Fairwork have more limited powers in the case of someone on a 457 as it is impossible for Fairwork to reinstate a visa.

    Share this post


    Link to post
    Share on other sites
    2 hours ago, Sinead84 said:

    Thanks for all the advice guys, i'll let you know the outcome once we have it. Lodging unfair dismissal application with Fairwork tomorrow. 

    I think you got some good hints from Wrussel, if you are committed to staying in OZ I think you need to contact them and get some expert advice, the 457 visa is definitely not what it used to be and at this stage i would prioritise whether you want to remain in OZ or not, focus on your now visa issues and don't get embroiled in an employer situation xxxx

    Share this post


    Link to post
    Share on other sites

    AND we have all heard the 'horrible' employer situation for 457 visa holders, it begs the question whether the government did the right thing...many will protest but looking objectively..........and knowing how expensive this country really is............

    Share this post


    Link to post
    Share on other sites

    We've decided to go home, the last year has been stressful visa wise a we've been eligible for permanent residency for a year now and with this firing its no longer an option with a new employer. That's the main reason we're going down the unfair dismissal route.  Thanks for all your advice guys.

    Share this post


    Link to post
    Share on other sites

    Create an account or sign in to comment

    You need to be a member in order to leave a comment

    Create an account

    Sign up for a new account in our community. It's easy!

    Register a new account

    Sign in

    Already have an account? Sign in here.

    Sign In Now


    • Similar Content

      • By CTM5198
        Hello  so I've recently lodged a citizenship application and one of the pages required me to fill out any possible future travel, with exact dates (which I assumed was for emergency/urgent travel that was deemed absolutely necessary). I've heard rumours of how "you're not allowed to leave Australia in the timeframe between your application lodgement and the response date (AKA the date when they organise the test)". I wanted to know if this was true? - The Department of Immigration site isn't too clear and only stipulates that you can't travel before your ceremony, as your PR will be cancelled thus requiring you to return to Aus on a RRV (correct me if I'm wrong). It's been over 4 years since I left England, I'm becoming very homesick and 10-14 months is an awfully long time. 
         
      • By ntiver
        Hi guys.
        I'm on a 457 (which expires Jan 2018), and my employer and I submitted our 186 application in July.  I would just like to know what options are open to me should either part of the application be refused (either my employer's sponsorship or my application)?
        There are a few questions regarding whether immigration will be satisfied that we meet the training requirement, as a lot of our training is provided free by our vendors, although as they are worldwide, we do incur significant travel expenditure to attend (greater than 1% of payroll) which I know can be counted towards the benchmark.
        If however we're refused, what are my options?  I only have about 6 weeks left on my 457 before the Bridging Visa kicks in.  Can I appeal against a refusal? What about other types of visa?  Can I get a study visa and go to uni instead?  What options are there which mean I can stay here?  I just can't bear the thought of having to leave my partner and family here in Australia and go back to the UK - I've been here for 3+ years and built a life here :-(
        Any help/advice would be greatly appreciated.
        Thanks
        Neil
        PS: Owing to age and education I can't reach enough points to qualify for a 189 visa, so that's not an option
      • By palmtrees
        Hi all,
        Just wondering if anyone on here has had their 457 visa priority processed recently and if so how long it took to be granted from the time the priority processing request was accepted?
        My partner has been sponsored by the business he works for and we submitted our 457 application back in the middle of May 17.
        We put in for a priority request just over a week ago due to circumstances that have made our application more urgent, we had the priority processing approved, but still haven't had the visa granted. Just looking for other people's experiences/ timelines.
        TIA 😊
      • By Stockton
        I recently got my 186 employer nomination direct entry granted. My contract through work on my 457 was u til 2019. I am wondering if this should now be made permanent or whether this is at the discretion of my work place whether they make permanent or not ? Any info would be appreciated. Thanks 
      • By ShaunR6883
        Hi guys
        Myself and my family have been on 457 visa's for almost 3 years. Last year I had to get my son a new passport from the UK as his old one was due to run out.
        We never informed the immigration department of the new passport as we assumed that the 457 visa details would transfer automatically.
        In March this year I applied for 186 sponsored visa's and I put my son's new passport details in.
        Have I done wrong in assuming that the 457 visa would automatically transfer onto the new one?
        I am worried now as I'm not sure how I would go about changing this. I still have his old passport.
        Can anyone help me? Thanks in advance.
        Regards
        Shaun
    ×