Employer won’t sign PR after 3.5years

[Footylad]

Hi, 

I am a British, 34 and I have been in Australia almost 9years, living in NSW. I have been sponsored with my company for 3.5years and it appears they will not sign my PR for reasons I do not know.

My old agent messed up my skills assessment as a Project Administrator and it got rejected so that Avenue is closed and I am now sponsored as a Contract Administrator.

My English wife has a small beauty business, we have 2 small children born here and want to stay but my employer is dictating my family’s future which is causing immense stress.

Does anyone know of special cases or what I can do? I am not skilled enough to go on the high level sceme. If I leave my job I do not believe I have any other option to get Residency.

 

I would of hoped after all my time here, kids born here , business, I support the community out of work they would be a special case.

I hate the fact I am not in control of my family’s future which is causing immense stress. 

My current visa expires next May 2019.

Any advice / suggestions would be greatly appreciated.

Thanks 

[Marisawright]

It's an awful situation to be in, but it illustrates all the problems with the temp visa system.  Your employer is not, and never was, under any obligation to sponsor you for PR.  If they made promises to get you to take the temp contract, they should be ashamed of themselves - but there's nothing you can do about it.  Besides, there could be lots of good reasons why they don't need to sponsor you now, and business is business.   Perhaps they've looked at the chances of getting PR for you, and decided it can't be done.  Have you looked at the requirements to see if you'd be eligible?  

 

[Footylad]

Thank you for your reply. 

 

Could you suggest reasons why a business would not sign it?  They have not looked into it either. I would be paying for the whole thing also. 

 

If they were to replace me they would have to pay someone more than my current wage. I have no intention of leaving the company and they no this.  They will have to take some action next year when my visa expires either way.

 

When you you ask about elegibility do you mean the business (training bench marks etc) or me personally? I am elegible for it through TNS as I’ve completed my 2 years.

 

Thanks for listening.

[VERYSTORMY]

I am afraid many companies have policies of not sponsoring PR. I have worked with a couple that introduced it and I only got mine a matter of weeks before they brought in a none sponsorship policy. There is nothing you can do about it. I do understand the stress as we had fallen into the same mind set of thinking we were emigrating on a 457 then two weeks after starting work to be told the entire team I was in was to be made redundant. I was lucky, but many were not.

You will not be treated as a special case in the eyes of immigration. They will simply point out which bit of the visa titled "temporary" didn't you understand. On the forum, we always stress to people on a temp visa to always assume you will be leaving at some point.

Have you looked to see if you are eligible for a independent or state sponsored visa such as a 189 or 190?

[Marisawright]

1 hour ago, VERYSTORMY said:

You will not be treated as a special case in the eyes of immigration. They will simply point out "which bit of the visa titled "temporary" didn't you understand"? On the forum, we always stress to people on a temp visa to always assume you will be leaving at some point.

This is the bottom line.  As VeryStormy says, a lot of people fall into the trap of believing that when they come out on a 457 they're "migrating".   They're not, they're coming on a temp contract and if they're very lucky, they might get sponsored for PR at the end of it.   Take a browse through these forums and you'll find an awful lot of people who've made the same mistake.

I've worked for several companies and not one of them would sponsor anyone for PR.  They wanted to reserve their PR applications for senior management only.  I don't know whether they knew for sure or not, but their belief was that if they applied too often for lower-level employees, there was more risk of getting refused when they had a really critical one.

[Raul Senise]

17 hours ago, Footylad said:

Thank you for your reply. 

 

Could you suggest reasons why a business would not sign it?  They have not looked into it either. I would be paying for the whole thing also. 

 

If they were to replace me they would have to pay someone more than my current wage. I have no intention of leaving the company and they no this.  They will have to take some action next year when my visa expires either way.

 

When you you ask about elegibility do you mean the business (training bench marks etc) or me personally? I am elegible for it through TNS as I’ve completed my 2 years.

 

Thanks for listening.

The reasons can vary:

• Many big companies have it as an internal company Policy;
• They may not have met their training obligations;
• They know that once your receive PR there is no visa condition compelling you to remain with them;
• They may have received bad advice or do not understand the requirements.

If possible, you should try and resolve this with them ASAP. If you lodge now, you can still pay for all costs. Once the new Skilling Australia Fund is introduced, they will have to pay this cost and can not pass it onto you.