The Good Looking One Posted July 9, 2017 Share Posted July 9, 2017 Not that I am wanting to preempt a negative outcome, but I thought it would be wise for me to explore my entitlements in the event that my 457 visa renewal application is refused and I have to depart. I would be very grateful if someone would be kind enough to tip me the wink on a couple of things..... Application submitted August 2016. Current 457 visa expired December 2016. Business will close if I am refused my visa. If I am refused I have 28 days to leave the country If I am made redundant before this (which is a possibility) I still only have 28 days to leave the country Can I arrange an extension to leaving the country on health grounds. I in recovery after post-op cancer surgery and have appointments throughout the next 6 weeks Can I take advantage of the BLUE sentence below now Can I take advantage of the RED sentence below I am totally worried about all of this and my employer (and his wife calling the shots) don't seem to be interested in any of it. My confidence level is quite low which is quite the opposite to my normal self......... Finally.....Are there any recommendations by forum members for an agent in the Geelong region?? Taken from: https://www.border.gov.au/Trav/Work/Work/workplace-rights Employer obligations for subclass 457 visa holders If you are a sponsored visa holder on a Temporary Work (Skilled) visa (subclass 457) visa, your employer has obligations under migration law, in addition to the protections all workers have under workplace law. Your sponsor must: provide you with equivalent terms and conditions of employment to those provided or would be provided to an Australian performing equivalent work in the same location ensure you work only in the occupation, program or activity for which you were nominated not recover, transfer or charge certain costs to you or another person (for example, recruitment costs, sponsorship/nomination fees, migration agent costs) if requested in writing, pay reasonable and necessary travel costs to allow you and your family members to leave Australia; tell the Department in writing when certain events occur (for example, changes to your sponsor’s address/contact details, if your employment with the sponsor ends, if your duties change) cooperate with inspectors from the Department or the Fair Work Ombudsman who are investigating whether your sponsor has complied with sponsorship obligations; keep records that show they are complying with their sponsorship obligations and provide those records and information to the Department if requested. Further detail about obligations a sponsor must meet is available on the Temporary Work (Skilled) visa (subclass 457) webpage under 'Sponsors' and 'Sponsor obligations'. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 9, 2017 Share Posted July 9, 2017 Have you spoken to an agent at all? If only about the medical situation - they may be able to sort something out there at least. Quote Link to comment Share on other sites More sharing options...
The Good Looking One Posted July 9, 2017 Author Share Posted July 9, 2017 Thanks for your reply Nope, not yet. All of this has come about in the last 10 days and I am still getting my head around it. I did ask in my post if anyone could recommend an Agent. And I assume from the Employer Obligations they will have to assist in the cost of this? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 9, 2017 Share Posted July 9, 2017 1 hour ago, The Good Looking One said: Thanks for your reply Nope, not yet. All of this has come about in the last 10 days and I am still getting my head around it. I did ask in my post if anyone could recommend an Agent. And I assume from the Employer Obligations they will have to assist in the cost of this? Not sure that the employer would have to pay for an agent, I think that would be down to you, but would be worthwhile so you know you are covering every base. Several agents post on here, a browse through previous threads should find some, they usually have their details in their signatures on posts. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 9, 2017 Share Posted July 9, 2017 The time frame is no longer 28 days, but is now 60 days. Yes, the employer must pay your costs to return home. However, this only includes the cheapest flights available for you and any family members on the visa back to your home country. It doesn't include things such as shipping. If you think there is a chance of the visa being refused, then you should contact a registered migration agent urgently. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 9, 2017 Share Posted July 9, 2017 20 hours ago, The Good Looking One said: Not that I am wanting to preempt a negative outcome, but I thought it would be wise for me to explore my entitlements in the event that my 457 visa renewal application is refused and I have to depart. I would be very grateful if someone would be kind enough to tip me the wink on a couple of things..... Application submitted August 2016. Current 457 visa expired December 2016. Business will close if I am refused my visa. If I am refused I have 28 days to leave the country If I am made redundant before this (which is a possibility) I still only have 28 days to leave the country Can I arrange an extension to leaving the country on health grounds. I in recovery after post-op cancer surgery and have appointments throughout the next 6 weeks Can I take advantage of the BLUE sentence below now Can I take advantage of the RED sentence below I am totally worried about all of this and my employer (and his wife calling the shots) don't seem to be interested in any of it. My confidence level is quite low which is quite the opposite to my normal self......... Finally.....Are there any recommendations by forum members for an agent in the Geelong region?? Taken from: https://www.border.gov.au/Trav/Work/Work/workplace-rights Employer obligations for subclass 457 visa holders If you are a sponsored visa holder on a Temporary Work (Skilled) visa (subclass 457) visa, your employer has obligations under migration law, in addition to the protections all workers have under workplace law. Your sponsor must: provide you with equivalent terms and conditions of employment to those provided or would be provided to an Australian performing equivalent work in the same location ensure you work only in the occupation, program or activity for which you were nominated not recover, transfer or charge certain costs to you or another person (for example, recruitment costs, sponsorship/nomination fees, migration agent costs) if requested in writing, pay reasonable and necessary travel costs to allow you and your family members to leave Australia; tell the Department in writing when certain events occur (for example, changes to your sponsor’s address/contact details, if your employment with the sponsor ends, if your duties change) cooperate with inspectors from the Department or the Fair Work Ombudsman who are investigating whether your sponsor has complied with sponsorship obligations; keep records that show they are complying with their sponsorship obligations and provide those records and information to the Department if requested. Further detail about obligations a sponsor must meet is available on the Temporary Work (Skilled) visa (subclass 457) webpage under 'Sponsors' and 'Sponsor obligations'. If you have to leave, the employer is responsible for the cost of your return travel, if you make the request in writing. A medical treatment visa may be an option, however, this will remove your employers obligation to pay for your return travel. 16 hours ago, VERYSTORMY said: The time frame is no longer 28 days, but is now 60 days. As they are already on a bridging visa, the 60 days do not apply. If the visa is refused they will only have 28 days to depart. Quote Link to comment Share on other sites More sharing options...
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