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Jbbungi

What happens if I don't fill two years after getting my permanent residency approved with a 187 visa?

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Hello

I got a my permanent visa last year. And i think i can't really work there anymore i'm not sure i can survive there. 
The reason why i can't stay there anymore the restaurant owner and the leader are not fair at all. So many times they play with me about the system of restaurant and visa.

Recently what happen to me

•the leader creates A new chat room for kitchen staff (except me) I'm still in old chat room but that one just exists in form no one post it anymore.

•after corona virus pandemic, i have not received any notice by owner and leader. While that time, they have a staff meeting for job keeper. I'm also eligible for the job keeper but they didn't register me. And one of my co-worker asked to leader why not register staffs who are eligible for keeper and he said "oh...we are only doing takeaway so can't make money also meanwhile the owner still have to pay rent, energy bill, food suppliers and superannuation so can't register everyone."

And my co-worker just delivered it to me. And then i said "oh well...i've been working there over 2years and didn't get any notice and they don't want to register me as a job keeper because of $87(my superannuation)"

i was so panic and depressed about that situation and today i just found out it's totally illegal not register me as a job keeper. Even i can report this thing to ATO.

Seriously, i'm done with this place but i don't know what to do. Please help me and give me advice please.

i want to get a release letter that would be s great option for me but i don't think they would give me. But i'm also afraid of report to ATO and fair work because i still have to work there until my contract time finish. So please help me what can i do? 

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18 hours ago, Jbbungi said:

Hello

I got a my permanent visa last year. And i think i can't really work there anymore i'm not sure i can survive there. 
The reason why i can't stay there anymore the restaurant owner and the leader are not fair at all. So many times they play with me about the system of restaurant and visa.

Recently what happen to me

•the leader creates A new chat room for kitchen staff (except me) I'm still in old chat room but that one just exists in form no one post it anymore.

•after corona virus pandemic, i have not received any notice by owner and leader. While that time, they have a staff meeting for job keeper. I'm also eligible for the job keeper but they didn't register me. And one of my co-worker asked to leader why not register staffs who are eligible for keeper and he said "oh...we are only doing takeaway so can't make money also meanwhile the owner still have to pay rent, energy bill, food suppliers and superannuation so can't register everyone."

And my co-worker just delivered it to me. And then i said "oh well...i've been working there over 2years and didn't get any notice and they don't want to register me as a job keeper because of $87(my superannuation)"

i was so panic and depressed about that situation and today i just found out it's totally illegal not register me as a job keeper. Even i can report this thing to ATO.

Seriously, i'm done with this place but i don't know what to do. Please help me and give me advice please.

i want to get a release letter that would be s great option for me but i don't think they would give me. But i'm also afraid of report to ATO and fair work because i still have to work there until my contract time finish. So please help me what can i do? 

They have to register everybody.  It’s all or none.

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They have to register everybody.  It’s all or none.

This is right, “one in all in”.

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Hello
I got a my permanent visa last year. And i think i can't really work there anymore i'm not sure i can survive there. 
The reason why i can't stay there anymore the restaurant owner and the leader are not fair at all. So many times they play with me about the system of restaurant and visa.
Recently what happen to me
•the leader creates A new chat room for kitchen staff (except me) I'm still in old chat room but that one just exists in form no one post it anymore.
•after corona virus pandemic, i have not received any notice by owner and leader. While that time, they have a staff meeting for job keeper. I'm also eligible for the job keeper but they didn't register me. And one of my co-worker asked to leader why not register staffs who are eligible for keeper and he said "oh...we are only doing takeaway so can't make money also meanwhile the owner still have to pay rent, energy bill, food suppliers and superannuation so can't register everyone."
And my co-worker just delivered it to me. And then i said "oh well...i've been working there over 2years and didn't get any notice and they don't want to register me as a job keeper because of $87(my superannuation)"
i was so panic and depressed about that situation and today i just found out it's totally illegal not register me as a job keeper. Even i can report this thing to ATO.
Seriously, i'm done with this place but i don't know what to do. Please help me and give me advice please.
i want to get a release letter that would be s great option for me but i don't think they would give me. But i'm also afraid of report to ATO and fair work because i still have to work there until my contract time finish. So please help me what can i do? 

The chat room thing could be explained away as a mistake. We’ve all forgotten to include someone in something at some time. So without evidence it was intentional and that the group chats primary function is work related (eg. Sending rosters, asking who can fill shifts etc), this cannot be used as evidence of anything.
With respect to Jobkeeper, as Bulya said-it is one in all in. So they are doing the wrong thing.
If I were you, I would email them (or some other written method) and ask them to review their decision not to register you for job keeper.
See what reply you get.
If they don’t review their decision or give you a satisfactory answer and you choose to report them, I can’t say what they may do about your visa, but anything you say to them should be in writing so you have evidence to back up your side of the story should anything come of it.

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Although your employer needed to nominate you to get your permanent visa, once your permanent visa has been granted there's nothing tying you to your employer other than your contract of employment.

Sure they can try to hold you to a 2-year contract but I've never heard of an employer being successful against Fair Work for that length.


Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia)

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On 09/05/2020 at 16:15, Ken said:

Although your employer needed to nominate you to get your permanent visa, once your permanent visa has been granted there's nothing tying you to your employer other than your contract of employment.

Yes there is.

The subclass 187 can be cancelled if you do not do your two years of employment in Regional Australia.

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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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5 hours ago, Raul Senise said:

Yes there is.

The subclass 187 can be cancelled if you do not do your two years of employment in Regional Australia.

That doesn't mean you have to remain with the same employer.


Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia)

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16 minutes ago, Ken said:

That doesn't mean you have to remain with the same employer.

Yes it does. A 187 can be cancelled if a person leaves their employer. The OP needs to see help from a migration agent such as Raul. 

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On 09/05/2020 at 16:15, Ken said:

Although your employer needed to nominate you to get your permanent visa, once your permanent visa has been granted there's nothing tying you to your employer other than your contract of employment.

 

38 minutes ago, Ken said:

That doesn't mean you have to remain with the same employer.

This is very dangerous advice.

A 187 requires two years service with your employer, in Regional Australia, otherwise the visa can be cancelled under Section 137Q of the Migration Act.

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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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How about if employee leave their employer before 2 years of 187 grant but still continue to stay and work in regional area? 

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1 hour ago, Dristi said:

How about if employee leave their employer before 2 years of 187 grant but still continue to stay and work in regional area? 

I thought Raul couldn't have said it anymore clearly.

"A 187 requires two years service with your employer, in Regional Australia, otherwise the visa can be cancelled"

It doesn't say with any employer it says with your employer.

 

 

 

On 11/05/2020 at 04:38, Raul Senise said:

 

This is very dangerous advice.

A 187 requires two years service with your employer, in Regional Australia, otherwise the visa can be cancelled under Section 137Q of the Migration Act.

 

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1 hour ago, Dristi said:

How about if employee leave their employer before 2 years of 187 grant but still continue to stay and work in regional area? 

Raul is a migration agent. If he says you must stay with the same employer for two years, then you must stay with the same employer. 

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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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On 21/06/2020 at 20:12, Dristi said:

How about if employee leave their employer before 2 years of 187 grant but still continue to stay and work in regional area? 

You have to work for the employer yep if business not performing good or closed then u can go for another employer but definitely have to stay in Regional area.

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s137Q:

(2)  The Minister may cancel a regional sponsored employment visa held by a person if: 

(a)  the Minister is satisfied that:

(i)  the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

(ii)  the employment terminated within the period (the required employment period) of 2 years starting on the day the person commenced that employment; and

(b)  the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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On 06/07/2020 at 00:12, paulhand said:

s137Q:

(2)  The Minister may cancel a regional sponsored employment visa held by a person if: 

(a)  the Minister is satisfied that:

(i)  the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

(ii)  the employment terminated within the period (the required employment period) of 2 years starting on the day the person commenced that employment; and

(b)  the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

 

Hii

Just a query

As per (ii) required employment period two years starting on the day of commencement of employment. 

Is it post visa or if someone already working for three years and waiting for grant will be deemed fit in this requirement.

 

Thanks 

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On 21/06/2020 at 22:08, Marisawright said:

Raul is a migration agent. If he says you must stay with the same employer for two years, then you must stay with the same employer. 

If Raul is a migration agent perhaps he could clarify whether or not a 187 is a permanent visa as the OP claimed. Based on the comments he's made it appears to only be a provisional visa.


Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia)

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23 minutes ago, Ken said:

If Raul is a migration agent perhaps he could clarify whether or not a 187 is a permanent visa as the OP claimed. Based on the comments he's made it appears to only be a provisional visa.

It is a permanent visa: "Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant."

However, it has specific cancellation provisions as already discussed in this thread.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Read really carefully the section S137Q. The conditions that might lead to visa cancellation in their say “AND” not “ OR”. 


it’s not that easy like: ok, you didn’t complete 2 years, then we’ll kick you out of Australia.
You still need to prove that you’ve made the genuine effort for the business and it said  “in the case of termination, the period of the visa holder's employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) “

And we can all see that your employer have done the wrong things when they don’t put you on jobkeeper.

my agents said it’s hard to prove the jobs wasn’t genuine if you’ve worked more than 1 year. 


 

 

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Hello
I got a my permanent visa last year. And i think i can't really work there anymore i'm not sure i can survive there. 
The reason why i can't stay there anymore the restaurant owner and the leader are not fair at all. So many times they play with me about the system of restaurant and visa.
Recently what happen to me
•the leader creates A new chat room for kitchen staff (except me) I'm still in old chat room but that one just exists in form no one post it anymore.
•after corona virus pandemic, i have not received any notice by owner and leader. While that time, they have a staff meeting for job keeper. I'm also eligible for the job keeper but they didn't register me. And one of my co-worker asked to leader why not register staffs who are eligible for keeper and he said "oh...we are only doing takeaway so can't make money also meanwhile the owner still have to pay rent, energy bill, food suppliers and superannuation so can't register everyone."
And my co-worker just delivered it to me. And then i said "oh well...i've been working there over 2years and didn't get any notice and they don't want to register me as a job keeper because of $87(my superannuation)"
i was so panic and depressed about that situation and today i just found out it's totally illegal not register me as a job keeper. Even i can report this thing to ATO.
Seriously, i'm done with this place but i don't know what to do. Please help me and give me advice please.
i want to get a release letter that would be s great option for me but i don't think they would give me. But i'm also afraid of report to ATO and fair work because i still have to work there until my contract time finish. So please help me what can i do? 
So they still give you working hours or? If no working hour then it's a different story.

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