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Prakash1

482 bridging visa

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Hi, I have applied for 482 visa after completing my 457 short term visa on 4 july(2 years) path way to 186 visa. In between my 2 years period I took 2 weeks unpaid holiday in each year, I did not get any paid holiday from my employer. Does it effect to apply 186 visa. What are the requirements can you please suggest me.

thank you 

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Yes it may, as you cannot count period of unpaid leave.  Happy for you to PM me


Ruslan (Ross) Ahmadzai

Registered Migration Agent (MARN 1171402)

E: ross@crystalmigration.net

 

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Prakash, is there any legitimate reason your employer has not given you any paid leave?


____________________________________________________

186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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Thank you for your concern, 

Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482  it is on process.  When can I apply for 186 should I need to cover the leave I have taken on my 457. 

Please suggest me 

thank you in advance 

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On 10/07/2019 at 22:01, Ross1988216 said:

Yes it may, as you cannot count period of unpaid leave.  Happy for you to PM me

Thank you for your concern, 

what is the possible way to overcome my unpaid holiday. 

thank you  again

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25 minutes ago, Prakash1 said:

Thank you for your concern, 

Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482  it is on process.  When can I apply for 186 should I need to cover the leave I have taken on my 457. 

Please suggest me 

thank you in advance 

Why would you agree to unpaid leave? 

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1 hour ago, Tulip1 said:

Why would you agree to unpaid leave? 

Surely that is between him and his employer, and irrelevant now as it's in the past.

Does anyone know if this is going to cause him issues now though?

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8 minutes ago, Ausvisitor said:

Surely that is between him and his employer, and irrelevant now as it's in the past.

Does anyone know if this is going to cause him issues now though?

I’m not sure if it will cause any issues, maybe it will depend on whether thats allowed and it’s all above board.  If you don’t know whether it will cause any issues how can you state it’s irrelevant? 

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1 hour ago, Tulip1 said:

I’m not sure if it will cause any issues, maybe it will depend on whether thats allowed and it’s all above board.  If you don’t know whether it will cause any issues how can you state it’s irrelevant? 

The question you asked was "Why would you agree to ..." - that is between the poster and their employer - the fact it may cause issues is relevant the why they agreed to it is irrelevant

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On 12/07/2019 at 15:17, Prakash1 said:

Thank you for your concern, 

Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482  it is on process.  When can I apply for 186 should I need to cover the leave I have taken on my 457. 

Please suggest me 

thank you in advance 

You cant just agree to not be paid annual leave as this is an entitlement under Fair Work provisions.

On 12/07/2019 at 15:21, Prakash1 said:

Thank you for your concern, 

what is the possible way to overcome my unpaid holiday. 

thank you  again

There are two issues which will need to be addressed.

The unpaid leave period will need to be deducted from your qualifying period for PR, as it does not count.

The other issue is that you have been paid below the nominated salary and below TSMIT.

You should seek professional advice as this is not a simple issue which can be addressed on a public forum.

 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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On 12/07/2019 at 17:22, Ausvisitor said:

Surely that is between him and his employer, and irrelevant now as it's in the past.

No its not.

Employers can't just agree to not pay entitlements which staff are entitled to under Fair Work requirements.

It is still very relevant to the Permanent Residency application.

On 12/07/2019 at 17:22, Ausvisitor said:

Does anyone know if this is going to cause him issues now though?

Yes, it could potentially cause very serious issues for both the employer and the employee's eligibility for Permanent Residency.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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On 12/07/2019 at 17:22, Ausvisitor said:

Surely that is between him and his employer, and irrelevant now as it's in the past.

Does anyone know if this is going to cause him issues now though?

It's going to cause huge issues unfortunately, because the employer has broken the law in paying him below the legal limit and not giving him paid annual leave, which all permanent employees are entitled to.   Unfortunately in this case,  that impacts the employee as well as the employer because if the employer breached his obligations for the first visa, you'd question whether Immigration would approve a second one.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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On 12/07/2019 at 15:17, Prakash1 said:

Thank you for your concern, 

Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482  it is on process.  When can I apply for 186 should I need to cover the leave I have taken on my 457. 

Please suggest me 

thank you in advance 

You and your employer cannot simply agree that he won't meet his legal obligations.  You are legally entitled to 4 weeks paid leave per year:  https://www.fairwork.gov.au/ArticleDocuments/723/visa-holders-and-migrant-workers-workplace-rights-and-entitlements.pdf.aspx


____________________________________________________

186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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