Breached visa & forced to leave Oz after bad advice from migration agent

[TooEasy]

Hello everyone

I was let go from a job in November, 2017. The company was part of the world's largest advertising group, so not some tinpot ad agency. They have a company look after all migration affairs across all their many companies. They assured me that I would not have to leave the country after my 60-day window for finding a new sponsor expired. They also assured me that I could lodge an application for a new 457, with a new employer, without ever leaving the country—even after my 60-days had lapsed.

I then went on living in Australia and hunting for jobs. After months of searching, I finally got a job offer but it was later withdrawn because of complications and costs involved for a smaller agency. I then had two other interview processes, which were going very well, terminated because I had apparently breached my visa conditions and the companies could not hire me.

I have written evidence of the incorrect advice that was given to me by an agent representing my former employer. Living here without work has exhausted me financially and caused a great deal of stress and anxiety. I now have to pack up my life, sell my motorcycle, leave my girlfriend, and go home indefinitely.

Do I have any recourse for legal action? Is there any hope of claiming some kind of compensation?

Thank you
TooEasy

[AJSAJS]

I'm so sorry for you. There are lots of good Migration agents on this forum who may be able to help you. I will tag them in this. I sincerely hope you will be able to appeal this. Best of luck to you.

@Raul Senise @Richard Gregan @Alan Collett @wrussell

[Guest]

I am pretty sure there is a complaint procedure but as to if you have a leg to stand on or any right to compensation, I’m not going to even begin to guess.

I doubt another agent could help you if it’s a complaint you are wanting to make. 

[Guest The Pom Queen]

If you are wanting to take on your old company for incorrect advice then you will need to contact a lawyer, I’m not sure that the FWC could even help https://www.fwc.gov.au/

If you are wanting help to remain in Australia then please take @AJSAJS advice immediately and without delay. There may be a path available for you to remain.

[Marisawright]

There is a complaint procedure if the agent was MARA registered, but the outcome will be disciplinary action against the agent - it's not going to help you stay in Australia.    You might be able to sue them but you'd need to consult a lawyer.  

I'm curious, didn't you wonder why the 60-day window existed if it didn't have any effect?   

Your only hope is to contact an agent to see if you have any other visa options.   

Edited May 9, 2018 by Marisawright

[Raul Senise]

2 hours ago, TooEasy said:

Hello everyone

I was let go from a job in November, 2017. The company was part of the world's largest advertising group, so not some tinpot ad agency. They have a company look after all migration affairs across all their many companies. They assured me that I would not have to leave the country after my 60-day window for finding a new sponsor expired. They also assured me that I could lodge an application for a new 457, with a new employer, without ever leaving the country—even after my 60-days had lapsed.

I then went on living in Australia and hunting for jobs. After months of searching, I finally got a job offer but it was later withdrawn because of complications and costs involved for a smaller agency. I then had two other interview processes, which were going very well, terminated because I had apparently breached my visa conditions and the companies could not hire me.

I have written evidence of the incorrect advice that was given to me by an agent representing my former employer. Living here without work has exhausted me financially and caused a great deal of stress and anxiety. I now have to pack up my life, sell my motorcycle, leave my girlfriend, and go home indefinitely.

Do I have any recourse for legal action? Is there any hope of claiming some kind of compensation?

Thank you
TooEasy

Has your visa been cancelled or have you been sent a notice of intention to cancel letter?

[Guest]

OP, I had a look at your previous posts to try to get a better understanding of your situation.

TBH I am rather confused as you seemed pretty clear on the 60 day rule back in Nov last year. And what you posted after talking to this agent seemed pretty clear cut also. 

I think perhaps you really do need to consult on some legal advice before you do anything else, but as has been said, don't expect taking legal action or filing a complaint to mean you can remain in Aus. 

 

[Guest The Pom Queen]

43 minutes ago, Raul Senise said:

Has your visa been cancelled or have you been sent a notice of intention to cancel letter?

This was his post in November 2017 which may help you @Raul Senise I would say if 6 months as passed he is in a huge mess https://www.pomsinoz.com/topic/198142-advice-for-the-newly-unemployed-on-2-yr-457/?_report=1931

[TooEasy]

@The Pom Queen I'm no longer attempting to stay in the country on this visa. I legally can't be hired. So, I need to go overseas regardless of what happens (if I want to work in Aus again).

@snifter That's the thing. I was told one thing from one agent, then another thing from someone else. It was only later that I got this advice from the 'official' migration agents of my former employer. I was so happy to hear that I could stay in the country.

@Raul Senise My visa is still valid. I have checked via the VEVO app. I have not been sent any intention to cancel letters nor heard from immigration this whole time.

 

[Guest The Pom Queen]

3 minutes ago, TooEasy said:

@The Pom Queen I'm no longer attempting to stay in the country on this visa. I legally can't be hired. So, I need to go overseas regardless of what happens (if I want to work in Aus again).

@snifter That's the thing. I was told one thing from one agent, then another thing from someone else. It was only later that I got this advice from the 'official' migration agents of my former employer. I was so happy to hear that I could stay in the country.

@Raul Senise My visa is still valid. I have checked via the VEVO app. I have not been sent any intention to cancel letters nor heard from immigration this whole time.

 

I don’t understand how your visa is still valid if you haven’t been working for your sponsor for 6 months? Did you exit the country and come back on a different visa? It’s hard to provide you advice on the limited information. 

As mentioned you really do need the help of a registered Migration Agent before you do leave as you don’t want a 3 year ban which is what happened to another of our members on here. 

[TooEasy]

@The Pom Queen

I notified immigration as soon as I left my previous job. I then called them and they told me I could email them to present my case for an extention (due to the 60 days falling over Christmas, New Year, and January, when nobody is hiring), which I did in November. I never got a response.

I have checked my visa entitlement using the VEVO app recently and it's still valid.

I have not left the country since leaving my previous employer.

I recently called immigration and they simply advised me to leave the country as soon as possible. That was it.

Edited May 9, 2018 by TooEasy

[Nemesis]

You mentioned a girfriend. Are you living with her?Is a partner visa an option?

[TooEasy]

4 minutes ago, Nemesis said:

You mentioned a girfriend. Are you living with her?Is a partner visa an option?

We do live together, but she is from South America. Though she is graduating in December so I could look into whether I could go on her graduate visa.

[Marisawright]

45 minutes ago, TooEasy said:

We do live together, but she is from South America. Though she is graduating in December so I could look into whether I could go on her graduate visa.

I think it's time you arranged a private consult with one of the migrations agents here, because it sounds like you're seriously lacking in information on what your options are.

You came to Australia on a temporary visa.   Even if you'd completed the contract with that employer, you would've been going home at the end of it.

Now, you're saying your best plan is to go on your girlfriend's visa, which is also temporary.  So you'll both have to leave at the end of it.

These forums - and the newspapers - are full of people who came to Australia on a temp visa, then somehow managed to score another temp visa, and another one - and then ran out of visas.  

I know it's hard to go home now.  But ask yourself, how hard will it be, if you manage to stay another two or three or five years, and still get chucked out of the country at the end?  

The reality is that if you (or your girlfriend) don't have the qualifications and skills to qualify for a skilled visa, then you won't be allowed to stay permanently.  You don't get any extra points for managing to stay in Australia.

[Nemesis]

3 hours ago, TooEasy said:

We do live together, but she is from South America. Though she is graduating in December so I could look into whether I could go on her graduate visa.

Doesn't get you the right to stay though, I was hping she would be an ozzie

[MaggieMay24]

20 hours ago, TooEasy said:

@The Pom Queen

I notified immigration as soon as I left my previous job. I then called them and they told me I could email them to present my case for an extention (due to the 60 days falling over Christmas, New Year, and January, when nobody is hiring), which I did in November. I never got a response.

I have checked my visa entitlement using the VEVO app recently and it's still valid.

I have not left the country since leaving my previous employer.

I recently called immigration and they simply advised me to leave the country as soon as possible. That was it.

As illogical as it seems, you should stop contacting immigration for advice.  They are not qualified to provide advice (their job is to process applications) and often the information they give you is incorrect.

If your VEVO status shows your visa is still valid, then you should still have legal status to be in Australia.  Despite notifying DoHA that your employment has ended and the 60 days passing, until they actually cancel the visa it would remain in effect.  So if you were able to find another sponsor before immigration cancels your visa, then you could possibly accept a job and remain (just can't start working until the sponsorship is transferred). 

But since this can all be a tricky area, it would be a good idea to have a consultation with a migration agent (since Raul has already responded and is a well-respected migration agent on this forum, he may be a good starting point) to understand your current immigration status and what options you have.