lisa2015 Posted December 25, 2017 Share Posted December 25, 2017 Hoping someone can assist please. I am nearing my 90 days being out of work and am expecting my visa to be cancelled early January. I had to return to the UK as my Dad was ill and so have been out of work longer than I wanted to be. I returned to Australia this month and had hoped to find a job before Christmas, but unfortunately not the case so I doubt I have a hope in hell now over Christmas shut down. My query is what happens, I've heard that I get contacted by post and e-mail and given a weeks notice to get out of the country. But I've also heard that some people aren't getting them at 90 days and one person didn't get theirs til 5 months. I can't seem to find information to confirm the weeks notice to leave the country etc, if we have to leave it would be nice to spend a few days visiting friends etc before we have to leave, but my husband is still in work, so I'm not wanting to make plans until we know for sure that our visas will be/are cancelled. Obviously if I don't get the cancellation at 90 days I may still have a chance of finding a job. At what stage do you get your cancellation (e.g. dead on the day, a week before etc)? And are they automatically generated or could there be a backlog because of Christmas/ New Year etc? It's so hard not being able to plan anything, we are moving around living in temporary accommodation so am scared in case I don't get an e-mail as don't want to be here illegally. My VEVO check is still in effect. Thanks for any information you can give. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 25, 2017 Share Posted December 25, 2017 First, the 90 day rule no longer exists. It is now 60 days. The department will contact you when it has received notice of the end of your employment. So, hopefully, your 60 days hasn't even begun yet. Though you do need to be careful that you don't miss the notification (have they got your correct address and email). Your employer is responsible for paying for your flight back to the uk along with any dependants named on the visa. But it is your responsibility to make the request. What you do, do not overstay - by even a day! 1 Quote Link to comment Share on other sites More sharing options...
barker Posted December 25, 2017 Share Posted December 25, 2017 (edited) 1 hour ago, VERYSTORMY said: First, the 90 day rule no longer exists. It is now 60 days. The department will contact you when it has received notice of the end of your employment. So, hopefully, your 60 days hasn't even begun yet. Though you do need to be careful that you don't miss the notification (have they got your correct address and email). Your employer is responsible for paying for your flight back to the uk along with any dependants named on the visa. But it is your responsibility to make the request. What you do, do not overstay - by even a day! Hi Lisa, I assume you are both referring to condition 8107. Your sponsor is obliged to inform the department within 28 days of your last day of employment, as for how long this takes them (DIBP) to action is really variable and I don't think anyone can tell you that with certainty. As far as how long you have to leave or find a new sponsor this depends on when your visa was granted (if on or after November 19, 2016) then it's 60 days. If it was granted prior to this date you still have up to 90 days to find a new sponsor, from when you are notified. Please find the information attached below. If you need clarification a RMA or immigration lawyer might be able to help you with alternatives, or you could find a new sponsor. DIBP is processing sponsor change requests as a matter of priority. (At least according to them) Regards migration-newsflash-au-457-visa-after-cessation-18-october-2016.pdf Edited December 25, 2017 by barker Quote Link to comment Share on other sites More sharing options...
lisa2015 Posted December 25, 2017 Author Share Posted December 25, 2017 Mine is 90 days as was prior to the change in 2016. I have different circumstances to normal - I went through a contingent labour company who sponsored me, not the company I worked for, therefore not sure if they have to pay for the return flights. My sponsorship company informed as soon as I finished work in October, however I never got any e-mails to recognise this. My address is incorrect and I haven’t updated it as I have literally been moving week to week since I got back as I will continue to do so staying in short term accommodation therefore a bit difficult to update my address. Since I haven’t received notification by e-mail yet (I will check my spam), does this mean my 90 days might not have even started despite finishing work in October? Thanks Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 25, 2017 Share Posted December 25, 2017 It is very difficult to say, but to be careful. A days overstay can cause issues down the line. The labour company will still be required to pay for flights - though only the cheapest available. It is a requirement to prevent people overstaying. Quote Link to comment Share on other sites More sharing options...
lisa2015 Posted December 25, 2017 Author Share Posted December 25, 2017 36 minutes ago, VERYSTORMY said: It is very difficult to say, but to be careful. A days overstay can cause issues down the line. The labour company will still be required to pay for flights - though only the cheapest available. It is a requirement to prevent people overstaying. Thanks Quote Link to comment Share on other sites More sharing options...
lisa2015 Posted December 25, 2017 Author Share Posted December 25, 2017 6 minutes ago, lisa2015 said: Thanks In terms of getting the cash off them would I have to book like a 60 hour flight via China or somewhere, or would they just reimburse the cash towards it (to that cost)? Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 26, 2017 Share Posted December 26, 2017 That is up to the company. Many will just book the flight for you. Others will ask you to book and reimburse Quote Link to comment Share on other sites More sharing options...
ali Posted December 26, 2017 Share Posted December 26, 2017 I think you have to put it in writing to them and they will tell you what to do - I found this on a website: Travel Costs The employer must pay the cost of return travel for 457 visa holders if properly requested. The request must be properly made - in particular it must: Be made by the Department of Immigration, the primary 457 holder (ie the sponsored employee) or by a secondary 457 holder (ie members of the employee's family unit) Specify the persons covered Specify the country of passport they wish to travel to Be made whilst person holds 457 The employer's obligation is to pay "Reasonable and necessary" costs only. Such costs would usually involve: Travel costs for both primary and secondary visa holders Travel to the point of departure from Australia Cost of return to the country of passport via economy class air travel The costs must be paid within 30 days of request Quote Link to comment Share on other sites More sharing options...
lisa2015 Posted January 2, 2018 Author Share Posted January 2, 2018 On 26/12/2017 at 16:52, VERYSTORMY said: That is up to the company. Many will just book the flight for you. Others will ask you to book and reimburse Thanks Quote Link to comment Share on other sites More sharing options...
lisa2015 Posted January 2, 2018 Author Share Posted January 2, 2018 On 26/12/2017 at 17:41, ali said: I think you have to put it in writing to them and they will tell you what to do - I found this on a website: Travel Costs The employer must pay the cost of return travel for 457 visa holders if properly requested. The request must be properly made - in particular it must: Be made by the Department of Immigration, the primary 457 holder (ie the sponsored employee) or by a secondary 457 holder (ie members of the employee's family unit) Specify the persons covered Specify the country of passport they wish to travel to Be made whilst person holds 457 The employer's obligation is to pay "Reasonable and necessary" costs only. Such costs would usually involve: Travel costs for both primary and secondary visa holders Travel to the point of departure from Australia Cost of return to the country of passport via economy class air travel The costs must be paid within 30 days of request Thank you Quote Link to comment Share on other sites More sharing options...
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