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Guest jodie_dirk

sponsorer ruining our lives

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Guest Gollywobbler

Hi Jodie

 

Hang in there, honey. I've now got the names of 3 labour on-hire agencies who could potentially sponsor you for a new 457 visa themselves, and there is possibly also a fourth (though I am not sure about the 4th one.)

 

First company is called Workforce Solutions, based in Brisbane but they place people all over Australia and they also have a base in the UK:

 

Workforce Solutions

 

Workforce Solutions UK Website

 

Second company is called Interstaff based in Perth, Brisbane an Sydney, so you could go to see them in Perth:

 

InterStaff International Recruitment

 

The third company is called Bayside and is based in Melbourne:

 

Bayside Group - Job Seekers - Working in Australia - Visa and Sponsorship

 

I don't know whether they deal with placing tradies but the worst they can do is say "No" so you might as well ask.

 

The fourth company is called Credo and I am not sure whether they could sponsor you themselves or whether they deal with trade skills applicants. However, they might so it can do no harm to ask:

 

Credo Group - Contact

 

Workforce Solutions and Interstaff, in particular, might be able to help out and might be willing to do so without waiting for you to submit a TRA application.

 

Please contact them and let me know how you get on? In both cases, the Agency would be the employer and they both have impeccable credentials, would treat you properly and so on.

 

Best wishes

 

Gill

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Guest Gollywobbler

Hi again, Jodie

 

Do you have any children? If so how old are they? I am wondering whether it would be feasible for you to work part time so as to bring in a bit of extra cash until the mess can be brought under control?

 

If it is feasible, you can do any job that you want to do. Literally anything.

 

Take care,

 

Gill

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Hi Jodie

i have only just read about your nightmare i am soo sorry to hear you are going through hell at the moment...but you seem to be getting some helpful advice...hope it all works out for you and your family..chin up hun BIG:hug:

 

Lisax


the hutchies

visa granted 0ct 06....visa runs out oct 2011 yikes:frown:

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Guest jodie_dirk

well we got kicked out of bed at stupid early time this morning with a knock at the door and a contractor handing over a letter of cancellation of employment!!!!!!!!! we have 28 days to sort something. its now christmas, who will be taking anybody on! also who would buy all our belongings aat christmas. we have 2 children who are going to be heartbroken. i tried to get a job but didnt always have car and hours were so late and scattered for OH that couldnt get anything permanent. just want to cry,my poor children. being dragged to the other side of the world from all they know in promise of a better life then around xmas day we get thrown back to UK :(

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well we got kicked out of bed at stupid early time this morning with a knock at the door and a contractor handing over a letter of cancellation of employment!!!!!!!!! we have 28 days to sort something. its now christmas, who will be taking anybody on! also who would buy all our belongings aat christmas. we have 2 children who are going to be heartbroken. i tried to get a job but didnt always have car and hours were so late and scattered for OH that couldnt get anything permanent. just want to cry,my poor children. being dragged to the other side of the world from all they know in promise of a better life then around xmas day we get thrown back to UK :(

 

I'm really sorry to hear your bad news, my heart really goes out to you!

 

Is there not something similar to ACAS in OZ? Surely they cannot just cancel your contract like that! It might be worth while to get some legal advice?

 

There is one upside to this now at least you can now put a formal complain into the DIAC about this jerk. I know that it might not help you situation but I would think that you would feel better afterwards.

 

Holding thumbs for you Cheers Web Weazel

 

P.S please keep us up dated


TRA Submitted 24/03/11,TRA Successful 18/04/11,WA SA Submitted 19/04/11,WA Approved 20/05/11,176 Visa lodged 20/05/11,Form 1100 to DIAC 22/06/11,CO Assigned 05/07/11,Medicals 19/9/11 Finalized 27/09/11,S.Africa+UK PCC sent to CO 6/10/11,VISA Granted 7/10/11!

 

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Guest mandy1

So sorry Jodie to hear of all the problems you are having. It must feel like a total nightmare. My other half was working alongside someone a couple of weeks back who was in a similar situation but the sponsor there had taken him on without fully looking into all the repsonsabliites it entailed and as a result the sponsor cancelled and now the person has to go back to the UK (the sponsor has to pay his flights but that is no compensation when you have moved your life here). I sincerely hope you and your family can remain in Australia Jodie & I send you lots of love & luck xx

Mandy x

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I'm really sorry to hear your bad news, my heart really goes out to you!

 

Is there not something similar to ACAS in OZ? Surely they cannot just cancel your contract like that! It might be worth while to get some legal advice?

 

There is one upside to this now at least you can now put a formal complain into the DIAC about this jerk. I know that it might not help you situation but I would think that you would feel better afterwards.

 

Holding thumbs for you Cheers Web Weazel

 

P.S please keep us up dated

 

Diac wont be bothered as an employer can do what they want, esp in the tradie world. WEnt to upgrade to pf and their were at least 3 people cancelling therir 457 and applying for another thro another employer ,one was an irish sparky so there are firms out there who want honest artisans

 

mally


Here at last:jiggy:

SUFC life not a pastime

I limit myself to 2 drinks a day, I`m now 10 years in front make that 15

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I have heard of similar cases. In fact the Visa457 is up for a review with minimum wages increased to $50k. Apparently because many are exploited and vunerable position. Just had 2 cases of sponsors terminated sponsorship due to lack of CF. Visa457 holders then has 28 days to find a new sponsor.

 

Do you have an stablished network where you can spread the word for sponsorship and you can tap into?

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Guest Gollywobbler

Hi Jodie

 

I am sorry to hear about the employer's latest move. Does he understand that he will have to pay all the costs of repatriating you?

 

Sponsoring a Temporary Overseas Employee to Australia

 

Tell him to read Page 8 of Booklet 11 carefully. Tell him, too, that he can expect to be very heavily fined by DIAC for failing to pay Dirk and failing to make the superannuation contributions. In the worst case, DIAC might decide to close his business down, so tell him that as well for good measure. DIAC certainly have the power to close him down as well as imposing such a stiff fine that the company may not be able to continue to trade anyway.

 

Meanwhile, contact Interstaff and Workforce Solutions URGENTLY because if they agree to help out then they can move very quickly so as to keep you in Oz. Phone them both and preferably go to see Interstaff if you can.

 

Contact Silver Trowel as well because they know employers in the plastering trade in Perth.

 

Silver Trowel Trade Training | CRICOS Training Provider

 

The boss is a guy called Jon Skerratt and I think his wife is called Anne.

 

Do not despair. You still have 28 days to sort this out and you are going nowhere unless the employer comes up with the air tickets, OK?

 

Best wishes

 

Gill

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Guest hairdresser uk

OMG Jodie and family, how awful for you all but I think we all saw it coming from what you were saying about this clown.

 

From what gill has said tho it sound like hes shooting himself in the foot tho (shame its not straight between the eyes tho!!).

 

I know your worried about your kids but kids are far more resiliant than your thinking right now and you will be suprised how well they cope. I went thru a trauma moving overseas and back again when everything went tits up and my daughter coped far better than I did and the circumstances still bother me to this day,,,,my daughter just carried on.

 

I am sure if you contact everyone suggested to you then you will come up with something and 28 days is a long time but I am sure it doesnt feel like that to you right now. after all this crap something has got to give and some good luck is due your way.

 

this guy will get what he deserves, what goes around comes around so they say!

 

Stay strong and keep fighting, dont let him grind you down any further.

 

Fingers crossed and wishing you some bloody well deserved good luck x

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Guest Gollywobbler

Hi again Jodie

 

I completely agree with every word that Hairdresser has just said. The kids will be fine. As long as they are with you, children can get through anything. Hairdresser is 100% right about that.

 

I am not 100% sure but I think the 28 days' grace period does not start to run until DIAC cancel the visa, which as yet they have not done. IF they cancel it, then you might as well shop the employer to them and give it the lot, but don't attract DIAC's attention yourself for the time being. Leave the visa-moves up to them.

 

The employer is required by law to keep paying Dirk for as long as Dirk is in Oz, whether or not he is working. So as long as we can find a way to keep you in Oz, the employer can be brought to book sooner or later.

 

Good luck with the Agencies. As Ottg has said, they and friends are your best bet for the moment.

 

Fingers crossed.

 

Gill

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Hi again Jodie

 

I completely agree with every word that Hairdresser has just said. The kids will be fine. As long as they are with you, children can get through anything. Hairdresser is 100% right about that.

 

I am not 100% sure but I think the 28 days' grace period does not start to run until DIAC cancel the visa, which as yet they have not done. IF they cancel it, then you might as well shop the employer to them and give it the lot, but don't attract DIAC's attention yourself for the time being. Leave the visa-moves up to them.

 

The employer is required by law to keep paying Dirk for as long as Dirk is in Oz, whether or not he is working. So as long as we can find a way to keep you in Oz, the employer can be brought to book sooner or later.

 

Good luck with the Agencies. As Ottg has said, they and friends are your best bet for the moment.

 

Fingers crossed.

 

Gill

 

 

Good advice Gill!!


TRA Submitted 24/03/11,TRA Successful 18/04/11,WA SA Submitted 19/04/11,WA Approved 20/05/11,176 Visa lodged 20/05/11,Form 1100 to DIAC 22/06/11,CO Assigned 05/07/11,Medicals 19/9/11 Finalized 27/09/11,S.Africa+UK PCC sent to CO 6/10/11,VISA Granted 7/10/11!

 

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Jodie I am so sorry to read the latest news. But what encouraging news from Gollywobbler again. She really is a star!

 

Take all of her advice and let us know what happens after you or your hubby have spoken to his boss.


XXX

Annette, Steve, Ben and Buddy the dog.

<>< :wubclub:

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Gill! You are a diamond..........................Good luck Jodie and Dirk


LojaChica x :smile:Arrived May 2008.................

PR Granted Apr11 Citizenship Granted Jan13......Moved to Andalucía Jul13

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Guest jodie_dirk

thanks a million again to all of you on here for you advice and compation. GILL you amaze me with all you know but have helped us so much. have highlighted points off the obligations docs to give to company when time is right. wont talk to DIAC till nec. Wages have now come through. dont expect any more though even though he has to still pay. one other member on here said he was told by immigration that he can ask for a further 28 MSL after the initial 28 days. do you know anything about this?

 

also a massive thanks to OSCARSMUM and LIZZY27 who have been in contact on the phone and helping and supporting us so much. you guys are complete strangers who have shown more compassion than many others. your all truely stars!!!! also to RACH28 who spent 3 1/2 hours last night helping us sort info our for TRA all over messages as our web call wasnt able to work. we both typed away and emailed all this time. she is a true treasure who i owe big time XXXXXXXX

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Guest jodie_dirk

GILL where is it written that the sponsor has to pay until the 28 days are up? cant find it on booklet 11 unless blind, which could be. have read it somewhere but cant seem to find it. want to give to sponsor as know there will be no wages anymore. thanks XXXX

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Guest Gollywobbler
GILL where is it written that the sponsor has to pay until the 28 days are up? cant find it on booklet 11 unless blind, which could be. have read it somewhere but cant seem to find it. want to give to sponsor as know there will be no wages anymore. thanks XXXX

 

Hi Jodie

 

I am not sure how it works. I agree with you that I also can't find anything specific on the DIAC website. However I do know that good 457 employers take out insurance policies under which the insurers will keep paying the worker's basic salary even if the worker becomes ill or is injured, or if the employer has to terminate the contract for any reason other than dishonesty on the part of the worker. (Or the worker puts himself in breach of the contract of employment by failing to turn up for work.)

 

I think in your case the way it might - might - work is that the employer is in breach of contract because he has failed to pay Dirk's salary. He is also in breach of his sponsorship undertakings because he has failed to pay the PAYE and Superannuation contributions to the ATO. I think that in these circumstances any notice purporting to terminate the contract of employment is automatically invalid. If the Notice is invalid then the obligation to keep paying salary and also to keep paying tax and super will continue.

 

It would be nonsense to let an employer behave abominably towards the employee and then tell the employer that he can terminate the contract at will and thus escape liability for his obligations both to the Commonwealth and to the worker. The employer cannot wriggle out of his responsibilities by claiming that he has no money.

 

The reason for terminating the employment must be lawful under Australian employment law as well. In the UK, you cannot simply change your mind on a whim in order to shed staff or to prevent them from acquiring the protection of permanent employment. The employer has to show that he has a valid reason for his actions AND that he has honoured his own end of the employment bargain to the letter.

 

What this really needs though is a solicitor who knows about the employment law, workplace relations law and the 457 visa to sit down with you and go through the contract of employment to see what that says.

 

I'd start with the various Community Law Centres since you can't afford anything else. The one in Inglewood knows about employment law for example:

 

National Association of Community Legal Centres: CLC Directory: Western Australia

 

Pro bono legal advice is a well established principle amongst solicitors in Oz. It is becoming more widespread in the UK and has always existed, really, though it is not handled in quite the same way here (in the UK - where I am.)

 

Very few solicitors are such bastards that they won't at least give some basic advice for free over the phone and suggest other sources of help. Personally I think it is a disgrace that the migration advice industry has no formal arrangements for pro bono assistance in situations like yours. Much of the time it is Registered Migration Agents who acquiesce in landing people like you in the soup by acting for unscrupulous Australian employers. The MIA and the MARA should do something about it instead of trying to foist their members onto the general public willy-nilly.

 

DIAC will also tell you what your rights are and what you can do, but they might also cancel your visa if you go to see them. They do sometimes allow grace on the 28 day period.

 

You are entitled to shop your employer to the Australian Tax Office. The news that you intend to do that should have a concentrating effect on his mind, as should the news that DIAC will come down on him like a ton of bricks unless he can be seen to be whiter than white - which he can't. If he tries to harrass you, call the police and insist that they remove him from your doorstep.

 

Have you had time to contact Workforce Solutions and Interstaff yet?

 

HUgz

 

Gill

xx

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Guest Gollywobbler

Hi again Jodie

 

I've just seen the message by bagus2008 on your visitors wall. I can confirm that bagus2008 is right.

 

One of the Agents who helps out with PiO has told me as follows:

 

I saw the messages between yourself and Jodie about the on-going payment of Jodie's husband's wages. The legal basis for this is found in the Migration Regs cf the Act, Reg 1.20CB & 1.20E are the two you want to look at. This short summary may help:

 

Minimum Salary Level and Termination of Employment - Subclass 457 Visa Programme

Current as at 11 June 2008

The Department of Immigration and Citizenship (“DIAC”) clarified its position in relation to termination of employment and the employer’s sponsorship obligation under the Subclass 457 visa scheme in respect of when the payment of the Minimum Salary Level (“MSL”) ceases.

 

Under the 457 Visa scheme, a business sponsor has agreed to meet the following undertaking relating to Minimum Salary Level:

 

“ (to) ensure that, if there is a gazetted minimum salary in force in relation to the nominated position occupied by a sponsored person, the person will be paid that salary”

[REG 1.20CB]

 

As per the regulations, sponsorship obligations will cease in relation to payment of MSL, on the earliest of the following:

at the end of 28 days after notification to DIAC of the termination of employment; or

when the person leaves Australia; or

when the person is granted another visa (apart from a bridging visa).

[REG 1.20E]

DIAC interprets the above provision to extend the requirement to continue to meet MSL for up to 28 days after the termination of employment i.e. to continue paying the amount equivalent to the relevant MSL up to the end of the 4 weeks after the visa holder's employment has been terminated.

 

 

The Agent concerned is more than welcome to post on this thread him/herself, please, because Jodie & Dirk need all the help they can get with this. Perrrrleeeeaase?

 

Therefore the situation is as bagus2008 says and not as I thought, but at least you should be able to claim 28 days' pay during the current notice period and a further 28 days pay after that.

 

Best wishes

 

Gill

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Guest hairdresser uk

Gill jodie has another thread asking for state sponsorship which I have given the link, can they apply for this whilst in oz and I am sure TRA is required which they are dealing with at the moment...any clues as to this?

 

do you think it would be best for jodie to keep her posts on this one thread to try and avoid any confussion and then we can see where the progress is at rather than this or the other thread, and I dont think anyone will miss anything as I think everyone is gripped by this horror story and waiting with baited breath for a happy ending and no to mention a smack in the wottsits for this crap employer..

 

thinking of you all and remember revenge is a dish best served cold and he will get what he is due.

 

stay strong always x

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Guest Gollywobbler

Hi Hairdresser

 

Yes, I've seen Jodie's new thread and am about to reply to it. I think that because the 176 visa is so different from the 457 it is probably best to keep them as two separate threads for the time being.

 

Fingers crossed that the company who interviewed Dirk today will offer him a job and a new 457 visa because that will get the immediate problem under control.

 

Thanks very much for your help and support for Jodie.

 

Best wishes

 

Gill

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Guest hairdresser uk
Fingers crossed that the company who interviewed Dirk today will offer him a job and a new 457 visa because that will get the immediate problem under control.

 

 

Gill

 

 

fingered crossed eh!! something good is due soon and what f-ing xmas prezzie that would be to this family.

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Guest jodie_dirk

appointment yest with potential sponsor not a great success.said hes not too keen as had to pay for 2 other workers to go home but if we do all the paperwork and phone calls for it he'd do it if he has too so to speak.to start with he needs to speak to immigration which he doesnt have the time to do and obviously they wouldnt talk to me when i called. have been on the phone all morning to solicitors, pro bono lawyers, community lawyers, employement law,immigration services and may more.none of them will touch a 457 case! cant get hold of legal aid help line as they cut you off at vocie recording as they are busy. just going to look into union WA as they have been campaigning about 457 visas recently.looks like only chance is to get a migration agent. only prob is we are now poor so will start my own fundraiser 'keep the Ross family in Oz',lol!!!!! my ear is burning from all the calls and why are all the number premium rate,grrrrrr!!!!!!!

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Guest hairdresser uk
appointment yest with potential sponsor not a great success.said hes not too keen as had to pay for 2 other workers to go home but if we do all the paperwork and phone calls for it he'd do it if he has too so to speak.to start with he needs to speak to immigration which he doesnt have the time to do and obviously they wouldnt talk to me when i called. have been on the phone all morning to solicitors, pro bono lawyers, community lawyers, employement law,immigration services and may more.none of them will touch a 457 case! cant get hold of legal aid help line as they cut you off at vocie recording as they are busy. just going to look into union WA as they have been campaigning about 457 visas recently.looks like only chance is to get a migration agent. only prob is we are now poor so will start my own fundraiser 'keep the Ross family in Oz',lol!!!!! my ear is burning from all the calls and why are all the number premium rate,grrrrrr!!!!!!!

 

oh jodie I am so sorry to hear it didnt go too well, my personal opinion is this, if he doesnt have time to ring immigration and wants you to do the paperwrk and calls plus hes already had to pay for 2 others to go home.......I would steer WELL CLEAR!!!! If the employer really wants the employee and is genuine about it then they will do the leg work and pay the nomination fee, the previous employer did not pay the nomination fee I understand from reading your posts and that set alarm bells ringing,this new person doesnt sound anywhere near commited.

 

The good thing is your fighting back now and the only way is up, you have to fight for what you want and jesus your fighting for it, keep battling through it somethin will give. Did you contact the agencies that gill linked up for you. Gill will have some more advice for you I am sure.

 

I dont know what field of employment your hubby is in but I would get his CV done and send it in to every employer and I mean everyone or what about an advert in the paper.....try everything possible.

 

keep that fighting spirit up x

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Guest Gollywobbler

Hi Jodie

 

Have you spoken with Interstaff and Workforce Solutions as yet? If so, what do they say please?

 

Best wishes

 

Gill

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Guest hairdresser uk

dont know if these links will be of any use to you but they may be worth a look:

 

UnionsWA

 

Your Rights at Work

 

 

Australian Government - Workplace Ombudsman

 

the last link is particularly interesting outlining what gill has said regarding fines etc to the sponsor, now your sponsor hasnt falsified documents but from what has been said hes in breech of the terms and conditions of the visa, think I would look theru the archives on the site and copy and enlarge every case and send them to the sponsor.

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