sponsorer ruining our lives

[Guest Coffee]

...think I would look theru the archives on the site and copy and enlarge every case and send them to the sponsor.

 

The links are interesting but quite honestly, I think it is more important for Jodie to concentrate on finding a way to stay in the country and get a new sponsor. It is quite unlikely that the old sponsor will change his mind due to those cases and even if he did, would Jodie really want to stay with that sponsor? And finding evidence to the sponsor's wrong-doing is possibly something for later.

 

Closely following Gill's advice is really the most straight forward way at this very moment!

[Guest hairdresser uk]

The links are interesting but quite honestly, I think it is more important for Jodie to concentrate on finding a way to stay in the country and get a new sponsor. It is quite unlikely that the old sponsor will change his mind due to those cases and even if he did, would Jodie really want to stay with that sponsor? And finding evidence to the sponsor's wrong-doing is possibly something for later.

 

Closely following Gill's advice is really the most straight forward way at this very moment!

 

 

Coffee if you read my posts I have not suggested that they even attempt to try and stay with their current/ex sponsor infact just the opposite, if you look back thru the posts I posted the lins to shop the sponsor to immigration etc please read the posts again.

 

the links are for their rights in the current situation, that is where they would stand legally regarding payments and possible actions they can take WHEN their current situation is stable in OZ against their old sponsor. As for fines imposed on the third link it may even cheer jodie up to know that something would probably happen and can have recourse on this idiot of a sponsor after the crap shes and her family have been going thru.

[Guest Gollywobbler]

The difficulty with the Unions in Australia is that although they may be very sympathetic towards the individual worker, collectively the Unions would like to see the 457 scheme abolished and all the temporary migrant workers sent home.

 

The Unions argue that the 457 visa drives Aussies out of work because migrants are willing to work for lower wages than the Unions consider is proper, in the hope of PR in Oz. In the last few weeks the Unions have been screaming at the Minister for Immi, insisting that if employers decide to downsize their workforces then they must shed any 457 holders from the workforces first. Whether the Minister would enforce that idea remains to be seen but he has certainly not told the Unions to shove a sock in it. So he might be sympathetic to their argument - I don't know because he has not made any official announcement about it as yet.

 

Officially the Minister's line is that he intends to study the mid-year economic indicators in Dec/January. After that he and his officials will start to formulate the Migration Program for 2009/10 according to a recent media release. He told a gathering of industry leaders that he thinks the different States have different, almost stand-alone economies. I think he could be right. The Minister lives in Perth and is the Federal MP for somewhere in Perth. Perhaps not surprisingly, he told Industry Ears in Perth that he expects the WA economy to continue to flourish. Weasel words? Who knows?!

 

Cheers

 

Gill

[Guest jodie_dirk]

OMFG we had a police officer come round today to issue a court summons for a restraining order for Dirk against the boss's wife!!!!!!!!!!! it was in her name not his coz he has convictions already so wouldnt look good and would prob not be granted.we havent even seen them.they are trying so hard to get us out of the country. luckily the officer said its nothing to worry about and even if they get granted the restrainging order it wont go on record to affect our new visa applications.what nasty pieces of work,grrrrrrrrrrr!!!!!!!!!!

Dirk has finally been paid but the wrong amount.hes going to the DIAC on monday to try to sort things out. the company dirk saw the other day told us to fill out what we could on the nomination form then to give it to his secretary then will prob sponsor. i know it doesnt sound to appealing but if we can stay here temporarily on a 457 then we can apply straight away for 176 once TRA and AQF are passed,touch wood!!! then dirk has a guy who will pay him a great daily wage,enough to be comfy on. will avoid union then, thanks for advice Gill XXXXX

[Guest Gollywobbler]

Hi Jodie

 

This couple seem to have a death wish as far as DIAC are concerned.

 

What happened to justify the boss's wife making a complaint to the police? Who are the independent witnesses to the alleged incident?

 

Have you contacted Workforce Solutions and Interstaff, please? They could well be your best bet but you keep ignoring myy question about it?

 

I am not saying that a Union would not try to help an individual 457 visa holder who has been treated rottenly. From the Union's point of view, it adds to their argument that the 457 visa is an unworkable idea. The Unions have long argued that no amount of legislation designed to protect migrant workers will ever actually prevent them from being ruthlessly exploited by unscrupulous Aussie employers. An unscrupulous employer has every reason to want a vulnerable migrant instead of an Australian Citizen who could give him a black eye and walk away from the employer and from the job, leaving the employer to grovel to his customer.

 

However most Unions say that they will not (cannot?) intervene in a dispute that has begun before the employee sought Union membership. That is their normal rule in the UK but I do not know whether it is the same in Australia.

 

Perrrrleeeeasse tell us whether you have contacted the two Agencies?

 

Best wishes

 

Gill

[Guest jodie_dirk]

Hi Gill, sorry didnt deliberately avoid the question about the agencies.i didnt know what they were but dirk has been in contact with workforce solutions and they say they only have a list of current job adverts but not in relation to sponsorship and with interstaff we've only seen the website and it looks like an agency which put you in contact with potential companies that may sponsor you but again that costs alot of money when we can call ourselves. we found one agency in the city that does the same and charge you to make calls like we have been doing ourselves. again it all goes down to the costs that we just do not have at the mo.

 

the only contact that dirk has had with ex boss and and wife since we got the letter to end employment is 2 calls. on to ask why they cancelled and the other was to ask for the wages that hadnt been paid. there are no witnesses as we havent said or done anything wrong. yes we are very unhappy and p'd off at the situation and the way we have been treated but these people cant be spoken to. dirks breath would be wasted trying to discuss anything. we are gona try to get a statement off a woman i know who the boss's wife called and abused and accused her daughter of nearly killing her son coz the daughter sipped from his cup and he caught a cold!!!!!!!!!!!! anybody that has ever met them or knows them and their company only ever have bad things to say about them.

on a positive note dirk has meet a few people who are wishing for him to work for them in the future if we get an independant visa granted, or the 176 which we would prob go for. the company are offering twice the daily rate of previous company and he will be using machinery from Germany which he had used for 10 years when he lived there. its new to oz, they are the only company that use it. Another contact who is associated to this company called Paul C who has one of the biggest manufacturing firms in WA within the building trade is interested in Dirk to use his machinery. He has a contact within Silvertrail who is to assess Dirk demonstrating the machinery on 8th Dec along with documentation to see if he can gain an AQF cert as we should be able to pass the TRA with this along with dirks other cert's and work history. We also have been speaking about the situation to Lisa at Silvertrail. Fingers crossed all comes good. will keep you posted XXXXXXXXX

[Guest Gollywobbler]

Hi Jodie

 

It sounds like Interstaff are not organised with their new Labour Agreement. I think it only went "live" on 1st October, so their new business might not yet be fully up & running.

 

Silver Trowel are a good bet. Apparently they do know lots of people in the industry. It is good that Dirk is doing his AQF III with them because that bit gives Silver Trowel every incentive to help. Waltheplasterer went out to Perth recently to do his own AQF III with them. He was very pleased with their service and his TRA came through very quickly once it was submitted.

 

Jodie, you have mentioned the guy who says he will sponsor Dirk for another 457 visa if you do all the paperwork, legwork & paying. It is worth going back to this man and asking him whether he would be willing to sponsor Dirk for an ENS subclass 856 visa instead:

 

Employer Nomination Scheme (Subclass 121/856)

 

Employer Sponsored Migration Booklet - Australian Immigration

 

You need the onshore 856 visa. It would enable you to remain in Oz on a Bridging Visa whilst it is processed and you would need to be in Australia when it is granted.

 

The paperwork for the employer is no more onerous than for the 457 visa but the ENS visa is much less onerous for the employer than the 457 visa. The employer's obligation to repatriate etc does not arise with the ENS visa because the employee gets Permanent Residency on Day One so the employer has no further responsibility towards him. It does require a Contract of Employment but so does the 457 visa. Once the ENS visa is granted, however, employer and employee can tear up the Contract of Employment and walk away from each other if they so agree.

 

It does not take any longer to get an ENS 856 visa than it takes to get a 457 visa if the urgency of the situation is impressed upon DIAC, which is not difficult to do. The Perth Business Centre would process an application for an ENS 856 visa and their number is here:

 

Perth Business Centre

 

You cannot embark on an ENS application until Dirk has a positive skills assessment from TRA. However it might be possible to get on with the employer's end of the stuff in the meantime - I don't know but DIAC will know so it is worth a call to the Perth Business Centre to find out.

 

It would enable you to go on to a Bridging Visa whilst the ENS 856 application is processed:

 

http://www.immi.gov.au/allforms/pdf/1024i.pdf

 

I'm not sure of the details but again, the local DIAC office will know. I think the Bridging Visa comes into effect automatically as soon as the ENS application is with DIAC and the 457 visa then comes to an end. If you are getting an ENS application together, the chances are good that you would be able to persuade DIAC not to cancel the 457 visa until the ENS application has been submitted.

 

Once the Bridging Visa A is granted (which I am pretty sure happens automatically) you then submit form 1005 straightaway:

 

http://www.immi.gov.au/allforms/pdf/1005.pdf

 

Via Form 1005 (which you can probably submit at the same time as you submit the ENS application, but again, DIAC will know the details about the mechanics) you apply for Permission to Work. That would be granted because of the dire hardship you would be in if you do not work.

 

Which in turn would enable the new employer to hire Dirk straightaway whilst the ENS application is processed and unlike with the 457 visa, the employer would have no particular obligations towards Dirk.

 

From the employer's point of view, if he will agree to an immediate ENS visa instead of a 457 visa, the mechanics of the whole ENS route are infinitely better from the employer's point of view, far less risky for him and much better for Dirk as well. It is literally only a matter of completing a different set of forms instead of the ones for a 457 visa.

 

If one of the people saying that he will hire Dirk once Dirk has a 176 visa can be persuaded that it is better for the employer not to mess about with waiting for Dirk to get a 176 visa, then an immediate ENS visa would be a better answer for both sides because of the fact that Dirk would be able to get the Permission to Work and get on with it whilst waiting for the ENS application to be processed.

 

Give it a go, Jodie. You have nothing to lose so you might as well ask and I will keep everything crossed for you, hun.

 

Hugz

 

Gill

xx

[Guest jodie_dirk]

thanks so much for that Gill. dont believe ive seen that visa before. will show dirk your post when he gets in and take it from there. sounds really good though. hope you have a good weekend XXXX

[Guest Gollywobbler]

Hi Jodie

 

I should have made it clear that a prospective employee who has a positive skills assessment can apply for an ENS visa immediately, without the need to spend any time at all on a 457 visa first. If he does not have a positive skills assessment then he must demonstrate that he has spent not less than 2 years working in the nominated occupation in Australia, for one or more Australia-based employers.

 

It is because Dirk is about to do his TRA that it will be possible for him to go straight to an ENS visa instead of bothering with another 457. That is also better for any prospective employer, because of all the other factors I have outlined above.

 

Fingers crossed.....

 

Hugz

 

Gill

xx

[Guest jodie_dirk]

we have only been in oz for 6 months so havent enough experience in working in Australia

 

i think by the end of my saga i could become a migration agent,lol!!!!!!!!!

 

Many thanks, Jodie XXXXX

[Guest Gollywobbler]

we have only been in oz for 6 months so havent enough experience in working in Australia

 

i think by the end of my saga i could become a migration agent,lol!!!!!!!!!

 

Many thanks, Jodie XXXXX

 

Hi Jodie

 

No, no, no, hun!!!

 

Once Dirk has a positive skills assessment, the fact that he has only spent six months working in Oz will become irrelevant. That is the whole point of suggesting the ENS route to you and to the prospective employer instead:

 

Employer Nomination Scheme (Subclass 121/856)

 

It says and I quote:

 

Eligibility requirements

 

 

To be eligible for permanent residency under this visa, the employee must meet one of the following requirements:

 

• have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer) [OR]

• have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances) [OR]

• have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

   

 

Dirk will be able to take advantage of the stuff I have highlighted in red just as soon as he gets a positive skills assessment under his belt.

 

Therefore an immediate application for an ENS 856 visa will become possible instead of an application for a 457 visa instead.

 

If the employer agrees to this proposal and is willing to write a short letter to DIAC to this effect then it may be possible to convince DIAC not to cancel the 457 visa for the time being. The existing 457 visa needs to remain on its feet until the ENS 856 application has been submitted to DIAC.

 

As soon as DIAC have received the ENS 856 application then they can cancel the 457 visa immediately and grant a Bridging Visa A instead at the same time.

 

It is a reasonable solution for all concerned. Just hammer it into the prospective employer's head that it is a better, faster solution for him than messing about with another 457 visa and it removes all the risk of repatriation costs etc for the employer that another 457 visa would otherwise impose on him.

 

Then hammer it into DIAC's head that the above is the path that they want to follow.

 

You write the confirmatory letter of intent to DIAC. Get the guy's secretary to copy and paste it onto the company's headed paper. She gets him to sign it and she gives it to you. You take it hot foot to DIAC, along with the evidence that you have paid for the xxxxxxx xxxxxxx AQF III assessment which will take place in a week's time.

 

TRA will understand the urgency of the application if you explain the situation to them. Use Registered Post or preferably a reliable courier to send the TRA application to Canberra. Otherwise it is likely to go on the back of a camel and will take a week to reach Canberra. The domestic postal system in Australia is diabolical, trust me.

 

Hugz

 

Gill

xx

[Mongrel]

Hi Jodie

 

No, no, no, hun!!!

 

Once Dirk has a positive skills assessment, the fact that he has only spent six months working in Oz will become irrelevant. That is the whole point of suggesting the ENS route to you and to the prospective employer instead:

 

Employer Nomination Scheme (Subclass 121/856)

 

It says and I quote:

 

 

 

Dirk will be able to take advantage of the stuff I have highlighted in red just as soon as he gets a positive skills assessment under his belt.

 

Therefore an immediate application for an ENS 856 visa will become possible instead of an application for a 457 visa instead.

 

If the employer agrees to this proposal and is willing to write a short letter to DIAC to this effect then it may be possible to convince DIAC not to cancel the 457 visa for the time being. The existing 457 visa needs to remain on its feet until the ENS 856 application has been submitted to DIAC.

 

As soon as DIAC have received the ENS 856 application then they can cancel the 457 visa immediately and grant a Bridging Visa A instead at the same time.

 

It is a reasonable solution for all concerned. Just hammer it into the prospective employer's head that it is a better, faster solution for him than messing about with another 457 visa and it removes all the risk of repatriation costs etc for the employer that another 457 visa would otherwise impose on him.

 

Then hammer it into DIAC's head that the above is the path that they want to follow.

 

You write the confirmatory letter of intent to DIAC. Get the guy's secretary to copy and paste it onto the company's headed paper. She gets him to sign it and she gives it to you. You take it hot foot to DIAC, along with the evidence that you have paid for the xxxxx xxxxxxx AQF III assessment which will take place in a week's time.

 

TRA will understand the urgency of the application if you explain the situation to them. Use Registered Post or preferably a reliable courier to send the TRA application to Canberra. Otherwise it is likely to go on the back of a camel and will take a week to reach Canberra. The domestic postal system in Australia is diabolical, trust me.

 

Hugz

 

Gill

xx

 

 

Hi

 

This is the option we used oh a nurse was sponsored by the hossy as we have been here 9 onths and she is over 45 the hospital had to write a letter explaining the circumstances as she had not got the 2 years

 

Mally

[Guest Gollywobbler]

Hi Mally

 

I confess to knowing nothing about the skills assessment process for nurses. I know that a nurse has to register with the relevant State authority in order to be a practising nurse in Australia. Is that different from the nurse obtaining a positive skills assessment from the ANMC? I don't know?

 

I would guess that in your wife's case the hospital would have needed to demonstrate "exceptional circumstances" because your wife is over 45, not because she did not have a positive skills assessment from the ANMC?

 

I don't know - hence all the question marks. But the DIAC website is clear enough. The requirement is two years' work in Oz OR a positive skills assessment but not both.

 

I believe that Dirk is under 45. If so, then his age should not be an issue that would require discussion with DIAC.

 

The letter I am suggesting is a Letter Of Intent, designed to describe the plans which are afoot (we hope they will become plans afoot) to DIAC. With a bit of luck, such a letter might convince DIAC to allow the current 457 visa to remain alive until the ENS 856 application has been submitted.

 

It is essential that DIAC do not cancel the 457 visa because the pathway to the onshore ENS visa cannot be followed if DIAC cancel the 457 visa before a valid application for an ENS 856 visa can be submitted.

 

I just hope that the new employer will agree to my suggestion of an ENS 856 visa instead of a new 457 visa and that DIAC are willing to play ball with this suggested plan too.

 

Best wishes

 

Gill

[Mongrel]

Its not the age issue or the skills assessment its the not having the 2 years experience in oz which is the same thing, she still needed a letter to back our case up

 

Thanx

 

Mally

[Guest jodie_dirk]

ok gotcha now, sorry my head is in a swirl!!!! never taken so many migraine tablets!!!! Dirk is 35

 

thanks so much again for all your help.

 

Are you intending to move to OZ or have you lived here before?

 

XXXXXXXXXXXX

[suzy+1]

Just been reading through this thread-what an awful experience which i can relate to in some degree as i had a terrible time with my boss when i arrived on a 457-felt i was nearly having a breakdown for the first few months here! Even got another job in another deparment and told i wasnt allowed to leave for 5 months (its all the same company!)

I hope you manage to sort things out asap, there certainly are some very strange people in the world that seem to enjoy making other peoples lives a misery.

Im in perth too, if you need any help with anything let me know, or even just a night out from the stress-im a good babysitter!

[Guest jodie_dirk]

Hi Gill, if the guy who wants to sponsor us has been approved and is already sponsoring another worker then will it be irrelevant that the visas are different or is it that once you are approved you can sponsor on any sponsorship type of visa?

can you also confirm that we can leave the company at any time as on the link you gave for DIAC is says position must be filled for a min of 3 years?

 

thanks hun XXXXXX

[Guest Gollywobbler]

Hi Jodie

 

....if the guy who wants to sponsor us has been approved and is already sponsoring another worker then will it be irrelevant that the visas are different or is it that once you are approved you can sponsor on any sponsorship type of visa?

 

 

 

I don't know is the answer. I'm not a migration agent so I don't know anything about the detailed nuts & bolts of the process. DIAC will know about this and so will the RMA who is now very kindly helping you from the sidelines. I am not prepared to guess when I understand the principles but not the details myself.

 

...can you also confirm that we can leave the company at any time as on the link you gave for DIAC it says position must be filled for a min of 3 years?

 

 

The third paragraph does not say that, Jodie. It says that the visa applicant needs a positive skills assessment plus a minimum of three years' work experience in the occupation concerned. How and where he gained that experience is not important. It could be in Oz, the UK or in Timbuctoo for that matter. The fact is that Dirk has been a full-time professional plasterer for a lot longer than 3 years up to now. That is the guts of it and that is what matters.

 

Please shout if anything else is unclear.

 

Hugz

 

Gill

xx

[The Ozcans]

Just following this from the sidelines, but wanted to say:

Jodie and Dirk - fingers crossed for you, I really hope it gets sorted.

And Gill - you`re - an absolute diamond

[Guest bagus2008]

After I have seen all the posts by your all, I felt very touch. I told Jodie about the 28 days for MSL after the last day of employment. I also facing the same situation as Jodie. Got terminated letter from the employer without giving any good reason. So depressed and also wish to help Jodie too.

I also have done my skill assesment but it probably take up more than 6 months or even 1 year (according to some forums). Right now, the only option i can go for is to find new sponsorship which I found it quite hard. Talk to some recruitment agents. They told me that within this few months, the economics is bad and quite a lot of ppl competing in the job market.

Right until now,I still can't see any possible immediate solution to my problem.

[Guest Gollywobbler]

After I have seen all the posts by your all, I felt very touch. I told Jodie about the 28 days for MSL after the last day of employment. I also facing the same situation as Jodie. Got terminated letter from the employer without giving any good reason. So depressed and also wish to help Jodie too.

I also have done my skill assesment but it probably take up more than 6 months or even 1 year (according to some forums). Right now, the only option i can go for is to find new sponsorship which I found it quite hard. Talk to some recruitment agents. They told me that within this few months, the economics is bad and quite a lot of ppl competing in the job market.

Right until now,I still can't see any possible immediate solution to my problem.

 

Hello Bagus2008

 

Welcome to the public boards on Poms in Oz.

 

I saw your message on Jodie's "wall" and confirmed to her that you are right about the MSL. (Apparently visitor message boards are called "walls".)

 

Which visa have you applied for, Bagus? Also, what is your country of origin and what is your occupation? Would it be feasible for you to move to another part of Oz if a sponsor can be found somewhere else? Would you be fussy about where, exactly, "somewhere else in Oz" might turn out to be?

 

If you could give me a clearer idea of your situation, I am willing to do everything I can to try to find a way to help you.

 

Best wishes

 

Gill

[Guest bagus2008]

I'm on 457 too. work as technician. Try out on 175 or even 176. But without the result from skill essessment, can't don anything further. Try out contacting those agents who may sponsor but all they ask from me is just a cv and ask me to wait. Can't really do much unless got a real sponsor.

[Guest jodie_dirk]

sorry to hear of your trouble bagus. hope things sort for you soon XXXXX

 

we would move to another state to stay in oz but as it stands we are hopefully gona be able to stay in Perth. Dirk spoke to M today and she is looking into things and gona call his back later. Thanks so much Gill for introducing her to us and her generosity towards us and our situation

[Guest bagus2008]

Hi Jodie,

 

Have ur OH got new sponsorship? How is everything going?

[Guest Gollywobbler]

I'm on 457 too. work as technician. Try out on 175 or even 176. But without the result from skill essessment, can't don anything further. Try out contacting those agents who may sponsor but all they ask from me is just a cv and ask me to wait. Can't really do much unless got a real sponsor.

 

Hi Bagus

 

With respect, my friend, "technician" is too vague. There are lots of different types of technician. Which type are you, please?

 

A-Z Occupations List - Australian Skills Recognition Information

 

Am I right in thinking that English is not your first language? What is your country of origin, please, because we need to work out whether or not you are from a high risk country because this affects visa processing times?

 

Would you be prepared to move inter-state if a sponsor can be found somewhere else?

 

Please answer these questions because at the moment there is just not enough information for anyone to be able to do much to help you.

 

Best wishes

 

Gill