Blinkyblimey1973 Posted November 15, 2018 Share Posted November 15, 2018 I'm kind of clutching at straws out of desperation. But I'm hoping that someone may have some sort of insight to my situation. I came to Australia on a 457 visa working in construction,at two years the company that I were employed by nominated me for permanent residency. Unfortunately the firm went under yesterday. I've got 18 months left on my 457 & my son is Australian. Could anyone please offer advice. Thanks in advance. Quote Link to comment Share on other sites More sharing options...
Quoll Posted November 15, 2018 Share Posted November 15, 2018 57 minutes ago, Blinkyblimey1973 said: I'm kind of clutching at straws out of desperation. But I'm hoping that someone may have some sort of insight to my situation. I came to Australia on a 457 visa working in construction,at two years the company that I were employed by nominated me for permanent residency. Unfortunately the firm went under yesterday. I've got 18 months left on my 457 & my son is Australian. Could anyone please offer advice. Thanks in advance. I would guess that you have 60 days to leave the country. Usually employers are required to pay fares home but as your employers have gone bankrupt I've no idea how they can be up for paying your fares. Have to put in a claim with the liquidators probably. Is your son's mother Australian? Are you in a relationship still? Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted November 15, 2018 Share Posted November 15, 2018 It would be worth having a discussion with a registered migration agent to see what options you might have. Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 15, 2018 Author Share Posted November 15, 2018 Unfortunately we separated a few months ago. Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 15, 2018 Author Share Posted November 15, 2018 In regards to recouping monies owed to be by company I was told that I'll have to claim it through a government scheme. But after looking into this it transpires that I'm not eligible. Quote Link to comment Share on other sites More sharing options...
calNgary Posted November 16, 2018 Share Posted November 16, 2018 If you dont want to go back ,try to find a company to take the sponsorship over, many people have done this in the past. Get out and door knock to sell yourself. Cal x Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 16, 2018 Author Share Posted November 16, 2018 The Ozzie government have really tightened up the rules for people in my situation. But the one thing that I'm sure of is that I'll not lay down & just let this happen Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 16, 2018 Share Posted November 16, 2018 8 hours ago, Blinkyblimey1973 said: Unfortunately we separated a few months ago. If your partner is Australian I'd be making a lot of attempts to get back together....... Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 17, 2018 Author Share Posted November 17, 2018 (edited) My understanding of the spousal visa route is that immigration want to see solid evidence of a long term relationship. We were a couple/family for over three years & we've been separated for eight months. My ex has offered to marry me in the event I can't find another sponsor. Do you have any insight into the marriage route? Edited November 17, 2018 by Blinkyblimey1973 Quote Link to comment Share on other sites More sharing options...
ali Posted November 17, 2018 Share Posted November 17, 2018 32 minutes ago, Blinkyblimey1973 said: My understanding of the spousal visa route is that immigration want to see solid evidence of a long term relationship. We were a couple/family for over three years & we've been separated for eight months. My ex has offered to marry me in the event I can't find another sponsor. Do you have any insight into the marriage route? Marriage in itself isn't enough to get you a visa. 1 Quote Link to comment Share on other sites More sharing options...
CaptainR Posted November 17, 2018 Share Posted November 17, 2018 Perhaps a stupid question, but how would immigration know that the employer has gone bankrupt? I know when I applied for PR I supplied all the letters but nobody actually followed up whether those were genuine. Appreciate is not quite within the spirit of the law..... but.... Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 17, 2018 Author Share Posted November 17, 2018 (edited) I'm a aware that a marriage alone will not convince immigration to let me stay. My ex & I are prepared to give it another try in order to keep the family together. It's a bizarre situation that I'm in. Our son lives with both me & his mum,I'm financially responsible for him & my ex. By sending me back to the UK serves no purpose other than to damage our son & his mum. Edited November 17, 2018 by Blinkyblimey1973 Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 17, 2018 Author Share Posted November 17, 2018 (edited) It's not a stupid question at all. It's been suggested to me not to notify my immigration agent or the Ozzie government of what's happened. As you say it's not exactly legit but there's a chance it could just slip under the radar. Whatever I do from here on in is literally throwing the dice. Marriage route is risky,keeping quiet much the same & perspective employers that I've spoken to are reluctant to pay a pretty tidy sum to pick up the remaining time left on my 457 knowing that I'll not be able to stay in a little under 18 months. Can I ask how long ago you did your permanent residency? Edited November 17, 2018 by Blinkyblimey1973 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 17, 2018 Share Posted November 17, 2018 There is one big risk with keeping quiet - if you're found out, it will be a black mark against you and may prevent you getting any other kind of visa. However, I'm pretty sure it is the employer's responsibility to notify immigration. Given that the bankruptcy has only just occurred, you could be justified in saying you are unclear and waiting for clarity bout your situation - have you actually been issued with a notice of termination? If your 457 is cancelled, you have only 60 days to leave the country - however, my understanding is that it's not cancelled until Immigration cancels it. Even if you're not legally employed by your sponsor any more, your 457 is still valid. I think you need to contact an agent urgently. You're in a precarious situation and you need to know exactly what your options are. These forums are useful but we are only amateurs. Investing in a consultation with an agent like @wrussell or @Raul Senise would be well worthwhile, since it could make a difference between staying in Australia or going home. 1 Quote Link to comment Share on other sites More sharing options...
ali Posted November 18, 2018 Share Posted November 18, 2018 1 hour ago, Blinkyblimey1973 said: I'm a aware that a marriage alone will not convince immigration to let me stay. My ex & I are prepared to give it another try in order to keep the family together. It's a bizarre situation that I'm in. Our son lives with both me & his mum,I'm financially responsible for him & my ex. By sending me back to the UK serves no purpose other than to damage our son & his mum. I agree that you need legal advice - as you really run the risk of providing false information regarding your relationship - would you be asking friends to submit documentation and not mention that you'd been split from your partner? If you went down the partner visa route and were granted only the temporary visa - would you both be happy for another 2 years in a marriage designed only to keep you in Australia? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 18, 2018 Share Posted November 18, 2018 30 minutes ago, ali said: I agree that you need legal advice - as you really run the risk of providing false information regarding your relationship - would you be asking friends to submit documentation and not mention that you'd been split from your partner? If you went down the partner visa route and were granted only the temporary visa - would you both be happy for another 2 years in a marriage designed only to keep you in Australia? I would agree that a good agent is the way forward. I am only recommending the Partner route IF you and your partner genuinely wish to be a couple and provide a joint home for your son. if you did decide to get back together then attending some kind of counselling would be a good idea - if a relationship breaks down when someone is on a Spouse Visa then Immigration will look more favourably at you for a while if they see you are trying to repair the damage and stay together - especially with kids involved. Getting back together after a split of several months may look better in their eyes with this kind of professional help in place. 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted November 18, 2018 Share Posted November 18, 2018 7 hours ago, Blinkyblimey1973 said: I'm a aware that a marriage alone will not convince immigration to let me stay. My ex & I are prepared to give it another try in order to keep the family together. It's a bizarre situation that I'm in. Our son lives with both me & his mum,I'm financially responsible for him & my ex. By sending me back to the UK serves no purpose other than to damage our son & his mum. Unfortunately having a child with an Australian isn't a reason to get to stay in the country and immigration rules aren't governed by emotional blackmail and not should they be. You're going to have trouble being financially responsible for the two of them if you don't have a job and your chances of getting another job are very slim with the new crackdown on temporary visas so in order to provide for him you might have to go home to get a job . Getting married or pretending to be in a relationship just for the sake of a visa is also not looked upon very favourably either. You definitely need a good agent and it's going to cost you a lot. Quote Link to comment Share on other sites More sharing options...
Blinkyblimey1973 Posted November 19, 2018 Author Share Posted November 19, 2018 Thanks for the reality check. I've lived in Australia for three years & I weren't that far from completing my residency visa. Unfortunately there is nothing for me in the uk. All of my trade qualifications have expired & I have no family there to fall back on. If I go back I'll be homeless & unemployed. I've made Australia my home in every way. I will literally get of the plane & have nowhere to go with no options open to me. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted November 19, 2018 Share Posted November 19, 2018 5 hours ago, Blinkyblimey1973 said: Thanks for the reality check. I've lived in Australia for three years & I weren't that far from completing my residency visa. Unfortunately there is nothing for me in the uk. All of my trade qualifications have expired & I have no family there to fall back on. If I go back I'll be homeless & unemployed. I've made Australia my home in every way. I will literally get of the plane & have nowhere to go with no options open to me. It is a great shame what’s happened but it still doesn’t get you a visa. Of course you have made it your home as have so many people who landed there without a permanent visa. It’s human nature, settled people often forget their visa is temporary and whilst the hope is it may turn into more until it does you’re there on a temporary basis. It will be a real shame if you have to return to the uk but getting a job and accommodation would happen quick enough. Do you not have one parent/sibling/auntie/cousin/friend that would put you up for a short while whilst you got yourself sorted? Immigration won’t care if you haven’t so it will make no difference but have you really no family to turn to? Whilst far from ideal you can still financially support your child from another country, you don’t need to be on home soil to do that. Lying is not the answer. Your partner will marry you if it helps your visa??? That’s not a reason to marry and I doubt it would make a difference. I hope you manage to sort something out, if you haven’t already please contact an agent 1 Quote Link to comment Share on other sites More sharing options...
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