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Trudie

Employer being a bully

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Hi, 

i am being sponsored in a regional area of Australia on a 187 visa. My visa was refused due to a small error on the form that was filled in by a migration agent. 

We have lodged an appeal.

Today my boss has basically told me that they’re withdrawing support for my appeal for the 187 as they want me to move onto the new DAMA visa. 

 

This would mean a possible five more years living here . 

 

Ive been here for 18 months already and was quite happy to work my obligatory period of two years post visa grant. 

 

Does anybody know if i can do anything about this? It’s unfair, I’ve worked hard for 18months for them only for them to turn around and do this!

 

i don’t know what to do.. 

 

help. 

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I'm not sure this would be considered bullying.  Sponsoring someone for a 187 is not an obligation on any employer and if they choose to sponsor through a different visa category, that is their prerogative.  Sponsoring visa applicants is expensive for any employer and perhaps they want to make sure there's motivation that you would continue to work for them for a lengthier period so that they get maximum benefit for their investment.

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They are bullying Maggie!

They have continued to be off with me for no reason whatsoever. No discussion - nothing! 

They have moved the goal posts to suit them and it’s unfair. 

I have worked hard for them and yes they have paid for the visa application, however it’s going to cost them more money to switch me over to a DAMA visa, it doesn’t make sense. 

I’m months away from possibly being granted PR and I have no intention of just leaving. I am obliged to carry on working for them for two years.

In total I would’ve worked for them for nearly five years - so they’ve most definitely had a huge return on their investment. I have gone above and beyond and done things I haven’t been remunerated for. 

They are doing it so I stay for a further five years on the hope they do re sponsor me for PR again. 

This post was asking for advice on possible things I could do to help, not to be told what I already know.

your comment isn’t helpful just bias towards the employer.

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Hey Trudie

 

I can completely understand that this is emotional for you at the moment - it's your life after all! I would have been so upset if my employer had done the same thing to me so close to my PR.

But that being said, objectively, it is within their rights to do so. They are not obliged to sponsor you for PR, but it would be disingenuous of them to NOT sponsor you after saying that they would. Which does seem to be the risk here - they've shifted the goal posts once & could do so again another few years down the line.

I think it's important to remember that the cards are unfortunately in their hands, they do not have to sponsor you & its their choice what way they want to do it if it is to go ahead. Be angry & upset today, but then go and put together a solid, objective (not emotional) list of reasons why you feel that it would be to their benefit to sponsor you for PR now. Then try to calmly negotiate it with them... easier said than done I know, but what will give you the best shot at getting what you want in the end. For them, 18 months employment is not a long time and it's not bullying for them to make business decisions that aren't based on the personal.

Not an easy situation I know.

 

 

 

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Occupation: Corporate Services Manager
State: VIC
Birth Country: LR
Stream: 457 - 186 TRT
Number of applicants: 2
Nomination & Application Submitted: 13th of November 2018

Nomination approved on the 14 May 2019 

Visa Approved on : 14 May 2019
IMMI Status: Finalised 

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Thank you - yes I understand what you’re saying. 

They have already sponsored me for PR, that’s what I’m saying. In total, including the time I would be working for hem post visa grant, it will be close to five years.

its a 187 visa - so for PR.

if they revoke there sponsorship and put me on a DAMA visa then there will be no guarantee they will re sponsor me for PR again in a further two years.

They already know how hard I work. I e managed their business and team members for 18months which has allowed them to take significant time away from the business. 

This is just a slap in the face and spiteful. The thing is I’ve done nothing wrong, they haven’t even discussed this with me, I was just told at a meeting yesterday. 

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Have you spoken to them to find out why? That should be the first thing.

With regard options, have you looked to see if you are eligible for an independent visa such as a 190?

Lastly, I suspect that the reason for the change is they are far from certain an appeal will succeed. But, companies can simply change policy. I worked for two companies that suddenly announced it would longer sponsor. That meant in both cases a significant number of staff had to leave when their temp visas came to an end. 

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19 hours ago, Trudie said:

We have lodged an appeal.

Be mindful that an appeal may take a number of years before finalised.

19 hours ago, Trudie said:

Today my boss has basically told me that they’re withdrawing support for my appeal for the 187 as they want me to move onto the new DAMA visa. 

Irrespective of what your employer wants, this may not be possible as, depending on your specific situation, you may not be eligible to lodge an another visa application while in Australia. 

19 hours ago, Trudie said:

Today my boss has basically told me that they’re withdrawing support for my appeal for the 187 as they want me to move onto the new DAMA visa. 

They may want to do some research in this regard as applying through a DAMA is not as simple as many employers think.

19 hours ago, Trudie said:

Does anybody know if i can do anything about this? It’s unfair, I’ve worked hard for 18months for them only for them to turn around and do this!

Unless it was in your contract that they would sponsor you for a 187 visa, you cannot force them to do so.


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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In view of how important this is for your future, it might be worth having a consultation with someone like Raul. I believe it’s allowed and even advised that you should have your own migration agent as well as the employer, to ensure you are correctly treated 

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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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4 hours ago, Marisawright said:

In view of how important this is for your future, it might be worth having a consultation with someone like Raul. I believe it’s allowed and even advised that you should have your own migration agent as well as the employer, to ensure you are correctly treated 

I'd agree with this wholeheartedly - I initially was made use my works migration agent. My work had sponsored over 30 people with this MA, who was my CEO's childhood friend. They were 100% acting for my employer, not what was best for me (full disclosure my company were paying them so they should have been).

Long story short, they screwed up one thing too many, and I insisted my employer let me use my own MA for the application who was to act for my benefit - a bit of a gamble but I honestly would have been happier to leave if my company had said no than deal with the stress of the visa process through a medicore MA, and my company were so worried I would they were happier to agree. Made all the difference getting that independent advice, so may be really beneficial for you.


Occupation: Corporate Services Manager
State: VIC
Birth Country: LR
Stream: 457 - 186 TRT
Number of applicants: 2
Nomination & Application Submitted: 13th of November 2018

Nomination approved on the 14 May 2019 

Visa Approved on : 14 May 2019
IMMI Status: Finalised 

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A registered migration agent must act in the best legitimate interests of a client.

If there is a significant conflict of interests between an employer and a visa applicant a RMA cannot represent both parties.

If forced to chose I would always act for the visa applicant, but dome RMAs know which side their bread is buttered on.

 


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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