Guest Gollywobbler Posted December 1, 2008 Share Posted December 1, 2008 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 Hi Jodie I am relieved to hear that you have been in touch with M. I do think that an Agent who is on the ground in Oz is the best thing for you. If M can speak with the guy who says he is willing to sponsor Dirk for a new 457 I reckon it is quite likely that M could talk him into agreeing to an ENS 856 visa instead, so as to get rid of the uncertainties of the 457 visa once and for all for you. Please stay in touch and let us know how this goes? Hugz Gill xx Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted December 2, 2008 Share Posted December 2, 2008 We spoke to our agent again today. shes fab and doing great for us. looks like we will do the 457 first to keep us here as have to finish TRA and gather a few other docs so to keep us here will prob do it first then to ENS,purley coz of timescale. will update you though if things change. all is looking up again for us so am alot happier now. its nice to see there are good people out their who actually care. your stars!!!!!!! Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 2, 2008 Share Posted December 2, 2008 Hi Jodie Good news! Good for you and good for your Agent. Fingers crossed that the new employer will co-operate quickly as well. Please keep in touch and let us know of your progress. Hugz Gill xx Link to comment Share on other sites More sharing options...
Bobcat Posted December 2, 2008 Share Posted December 2, 2008 We spoke to our agent again today. shes fab and doing great for us. looks like we will do the 457 first to keep us here as have to finish TRA and gather a few other docs so to keep us here will prob do it first then to ENS,purley coz of timescale. will update you though if things change. all is looking up again for us so am alot happier now. its nice to see there are good people out their who actually care. your stars!!!!!!! Sorry to hear about your trials and tribulations.......... regrettably it seems to be so commonplace here in Perth. I do hope you manage to sort everything out. Maybe a good port of call for you would be your local MP. Graham Edwards used to be excellent at getting results for his constituents, he has helped us several times over the years to get our extended family members over here just as tourists when their visa applications had been knocked back in their own country due to them being poverty stricken and deemed to be high risk and seen as thetype most likely to do a runner and not return home. Unfortunately Graham isn't in politics anymore and I'm not familiar who replaced him? I'm not sure where you live; but I would suggest a word in the ear of your local Pollie might help? Dianne Guise was always very helpful too in our area; but unfortunately she lost her seat at the last election. I have clients whom I sold a house to in Somerly up at Clarkson at the beginning of this year; a lovely couple from Belgium. They are out on a 457 visa. Her sponsor is giving her Hell, bully boy tactics all the way. She is getting paid a crap salary, has to use her own car and her own fuel to go out and service her customers. Talk about stress, the poor lass just ended up in hospital very sick .......... all caused by stress according to the medical experts. Now her boss is being nice and is allover her wishing her well......... but we all know it won't last. Her hubby has just scored a cracking job up the mines, they have a lovely house, he loves his job ............ but hers is stressing her out. They love it downunder, their son has settled well into school............ everything is fine apart from her job. I hope I am wrong but can't help but think once she returns back to work within the next couple of weeks ............ the shoddy treatment will start allover again. If it does she wil take up her case with our local MP. Meantime; hope you manage to sort things out and all ends well. Good luck. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 2, 2008 Share Posted December 2, 2008 Hi Bobcat I've just answered a post from a new member. She has not left the UK as yet but was all set to do so in a month's time. Her employers - a recruitment agency - have withdrawn the job offer do DIAC will no doubt cancel the visa. Has the case of Mrs Katula been reported in any detail in Perth? I wonder whether that case, and DIAC's heavy-handed soundbite to the Press, is making 457 bosses in Oz jittery? 457 nurse sacked for arriving pregnant - Topic Powered by eve community Hospital faces ban for firing nurse - Topic Powered by eve community Plus the article that Alan Collett of Go Matilda has highlighted today: Abuses of 457 visa scheme multiplying - Topic Powered by eve community I suspect we are going to see increasing numbers of employers trying to wriggle out of 457 visas via vileness rather than constructive assistance for the sponsored migrant. Best wishes Gill Link to comment Share on other sites More sharing options...
Mongrel Posted December 2, 2008 Share Posted December 2, 2008 Hi Bobcat I've just answered a post from a new member. She has not left the UK as yet but was all set to do so in a month's time. Her employers - a recruitment agency - have withdrawn the job offer do DIAC will no doubt cancel the visa. Has the case of Mrs Katula been reported in any detail in Perth? I wonder whether that case, and DIAC's heavy-handed soundbite to the Press, is making 457 bosses in Oz jittery? 457 nurse sacked for arriving pregnant - Topic Powered by eve community Hospital faces ban for firing nurse - Topic Powered by eve community Plus the article that Alan Collett of Go Matilda has highlighted today: Abuses of 457 visa scheme multiplying - Topic Powered by eve community I suspect we are going to see increasing numbers of employers trying to wriggle out of 457 visas via vileness rather than constructive assistance for the sponsored migrant. Best wishes Gill There was an article where the unons are pushin for a ban on 457s cheap labour and all that dross , taking our jobs. The recession is havin a effect in WA , i work for a steel company supplying the engineering companies who service the mines and resource companies. The Chinese cold is blowin a chill thro Wa. It wil have a knock on effect down the chain into the infrastructure Mally Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted December 11, 2008 Share Posted December 11, 2008 hi all, just to update you that Dirk didnt do the AQF3 assesment on the 8th as the guy didnt go ahead with the demonstration. the guy from silvertrail is not very good in responding so organising it ourselves. the company who wanted to sponsor us have pulled out as they dont have an active nomination left and say its too much paperwork etc to follow through so wont do ENS either kinda back to square 1 again. Dirk is hoping to finish his TRA by the end of the wkend and is due to do AQF3 next week hopefully. we will then apply for a 176 visa as it seems our only hope at the moment. the old sponsoring company are making the weekly payments to us so havent had any probs there which is good. theres been no contact with them as its not needed which is a good thing. our migration agent has been helping us sort things and will now do the 176 visa for us as the 457 didnt work out before the application stage. just thought id let you know how things are going and to keep you updated. hope you all have a fab christmas!!!!!!!! Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 11, 2008 Share Posted December 11, 2008 Hi Jodie Very many thanks for the update. Sounds like Godzilla is more or less behaving, which is a start. (Dirk's soon-to-be-ex employer.) WA are absolutely top-notch first rate about State Sponsorship and then getting the visa quickly when there is a genuine need to slam it through and get it done. I would say that that need exists in your case because this sort of ill-treatment of foreign migrants is never going to win the Australian Government or its country any fast friends. I answered a post a few hours ago from a lass called Shiramina. They are in Mandurah, which is not that far from you & Dirk. Her thread is here: http://www.pomsinoz.com/forum/migration-issues/49387-transfering-457-a.html I think if you contact Sharon (Shiramina) then both families can at least try to do something together over Christmas and New Year, surely? And make SURE to let me know if you need to use the best Secret Weapon on the whole planet - my 88 year old Mum. You would have to collect her from Jandakot, help with her wheelchair etc, but she would soon sort out any man half her age who thinks paperwork is "Too much trouble." She would tell him that it is not that difficult and that she will give him a hand with it. It works, every time, on the same principle as, "W-w-w-ill you b-b-b-uy this B-b-b-ible, or shall I r-r-r-read it to you?" Trust me, she can make strapping six foot Aussie men turn pale! She really can! (I can't imagine anything more terrifying than Mum "helping" with form-filling, either. When I sorted her visa out I deliberately left getting her to sign the form until 10 minutes before the Post Office closed so that I could say, "Quick! Your moniker - here. No time to explain it right now. Must catch the post. I'll explain it all when I get back.") You sound VASTLY better than you did when this thread first started and I am thrilled about that, hon. Ten years from now you will look back at this episode and chuckle. Please, please keep in touch and let us know every time there are any developments? Hugz Gill xx Link to comment Share on other sites More sharing options...
Guest andrew_obrien Posted December 11, 2008 Share Posted December 11, 2008 really hope you get things sorted out seems like have had a horrid time. Hope your agent can sort this. And i thought i had it bad dont know how you have managed in this hard time. best of luck Andrew Link to comment Share on other sites More sharing options...
Guest bagus2008 Posted December 12, 2008 Share Posted December 12, 2008 Jodie, 176 visa is an offshore application. Once you lodge the 176 visa application, I'm afraid the immigration will cancel you 457 visa immediately. That mean you have to leave OZ immediately too. You may have to very it with the immigration. Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted December 13, 2008 Share Posted December 13, 2008 hi thanks all of you for your replies. will bear your mum in mind Gill Bagus when you submit another visa you get a bridging visa and that then reverts you back to yor previous visas terms and conditions which would put us back onto the 457 terms and conditions as far as we've been told anyhoo. well i hope thats right!!!!!! TRA almost finished now. gota do paperwork for AQF3 ready for monday. feel we are at point one again but keeping smiling and enjoying every day and not letting the stress bring us down. fingers crossed 176 goes through fine as looks like our last hope and really dont want to leave oz XXX Link to comment Share on other sites More sharing options...
Guest bagus2008 Posted December 14, 2008 Share Posted December 14, 2008 Jodie, "when you submit another visa you get a bridging visa and that then reverts you back to yor previous visas terms and conditions which would put us back onto the 457 terms and conditions". This is only true for other visas except for 457 visa. Who told you about that we can get bridging visa if we now on 457? I was told by immigration officer that 457 visa holder will not get any kind of bridging visa which put us back onto the 457 terms and conditions. Once the 457 visa ceases, we will not get any bridging visa if we apply for 176 visa because 176 visa is an offshore visa. This means when u lodge the 176 visa application, we are suppose to be overseas (not in OZ). The only time we get now is the official 28 days after the employment ceases. It is up to the immigration office to give us more days to stay in OZ after the "28 days". I think you better check and verified it with the immigration officer. I don't wish you have any problem as we having the same problem now. By the way, I also wish what I know and said is wrong but we have to follow the rules stated by the Immigration. If you can prove me wrong, I will be very happy about it because I also wish I can solve the bridging visa problem too. Hope to hear from you soon. Better check with the immigration officer and any migration agent. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 14, 2008 Share Posted December 14, 2008 Hi Jodie and Bagus Both of you are confused. A subclass 457 visa can be an onshore visa: that is, it can be applied for when you are in Australia and it can be granted whilst you are in Australia. Therefore a Bridging Visa A or B is also possible if a new application for a new 457 visa is being processed. The subclass 176 visa is an offshore visa. The whole family needs to be outside Australia at the time when the sc 176 visa is granted. You do NOT have to be ouside Australia in order to apply for it, however, as long as you hold a "substantive visa" (ie not a Bridging Visa) at the time when the sc 176 application is made and the substantive visa is not subject to Condition 8503 - no further stay. Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" Condition 8503 cannot be imposed on a subclass 457 visa, so as long as the 457 visa remains on its feet Jodie & family can be in Australia at the time when they apply for their 176 visa. DIAC's current practice seems to be to cancel 457 visas pretty promptly once the employer's notice of dismissal expires. If they do that then the person has 28 days in which to depart from Australia. Between the cancellation of the 457 and the time when the person leaves Oz s/he is switched to a different Bridging Visa (I think BV E but I am not sure) just to ensure that the person's presence in Oz continues to be lawful in the short term. There has been a recent review into the integrity of the 457 visa: http://www.minister.immi.gov.au/media/media-releases/2008/457-integrity-review-report.pdf The review recommends that DIAC should not cancel 457 visas too hastily and that they should give the former 457 visa holder 90 days in which to leave Australia instead of the current 28 days. Jodie - WA can approve the State Nomination in a morning if they are told why it is urgent. The ASPC can process the 176 application within 24 hours once the visa application is with them, they have received the OK from the State and the police checks (if required) and the full meds have been done for all who need those. It means begging a favour off the ASPC but that might be do-able. It may also be possible to persuade DIAC not to cancel the existing sc 457 visa in view of the propsed 176 application. Best wishes Gill Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted December 23, 2008 Share Posted December 23, 2008 just to update you dirk passed his AQFIII and we got the certificate in the post yest which is fab news. Thanks for you info Gill on the transfer of the 457 and the 176. Our predicament now is do we contact DIAC and explain our circumstances and hope they will continue our 457 visa OR do we hold fort and hope the 457 doesnt get cancelled for a while will be enough to tide us over till we get an answer on the 176. we might end up having to leave the country for months as our migration agent doesnt think that once the visa is cancelled that they will let us stay and reinstate it. Its a hard call to make as to what will be the best. Luckily solid plasterering is on the new critical occupation list that is coming into place in january so that will shorten the application time. the TRA result should come back mid jan, the state sponsorship will make a decision in a few days, then it will be the 176 visa waiting game.if we have to leave the country i dont know how we will get the medicals done etc. if we are in oz will be alot easier and quicker. Well i hope you all have a fantastic christmas ad new year. We are gona make the most of things and enjoy our experience here. What will be will be but we will do our best to stay here XXXXXX Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 23, 2008 Share Posted December 23, 2008 HI Jodie With effect from January 1st 2009, the State Sponsored subclass 176 visa will get top priority processing at the ASPC. They should be able to process the visa within a couple of weeks. I would suggest that you explain the situation to the State Migration Centre because they can ask the ASPC for top priority on your behalf and they seem to be able to get the ASPC to cooperate about it. Is Dirk still working for the original employer? If so, the contract of employment is probably still valid and the guy just threw his rattle out of his pram one morning in a fit of spite. If that is the situation then the 457 visa must still be intact. I'd be inclined to get the TRA application ready and send it by Registered post or courier. Do not rely on the ordinary Aussie postal system because it can be incredibly slow. If you phone TRA as soon as they re-open and explain the situation to them you can probably persuade them to deal with Dirk's TRA application within a couple of days. DIAC can assess and complete the processing of a 176 application in less than a week if they try. Please let me know when you have submitted the visa application and have the TRN for it. Once we are sure that your visa application will be dealt with quickly, you can go along to DIAC and get a tourist visa if need be. They will process and grant that whilst you wait and you just go to the DIAC offiice in Perth to do this: Tourist Visa (Subclass 676) Do it via completing Form 48 (one each) and then both of you go to DIAC in person so that they can interview you at the same time and see that you are honest etc. Try to get the 176 application submitted BEFORE you apply for a tourist visa. If this is not possible and you have to do it the other way round, insist to them that you need to submit the 176 application promptly and ask them to be very kind and not to impose Condition 8503 on the tourist visa: Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" As long as they do not impose Condition 8503 on the tourist visa (if it turns out that you need to get one) you will not need to be outside Australia when you lodge the application for the 176 visa. However the whole family must be outside Australia when the 176 visa is granted. A week should be enough. Check out the prices of 7 or 10 night package deals to, say, Bali or Singapore. Then check the Lonely Planet Guide and the airlines websites to see whether you can do it more cheaply if you just buy the flights and arrange your own accommodation once you get there. Lonely Planet Travel Guides and Travel Information Beg, borrow or steal a laptop to take with you because you will need to stay in touch with the ASPC whilst you are offshore, so that they can e-mail you confirming that the visa has been granted and that they have sent the details to the DIAC office in Singapore, Bali or wherever you choose to go to. Do NOT pick a destination that does not have a DIAC office in it, though! Best wishes Gill :emoticon-signxmas: Link to comment Share on other sites More sharing options...
Guest Dave Payne Posted December 24, 2008 Share Posted December 24, 2008 Hi Jodie, I'm with Gollywobbler all the way on this. I was put through 2 similar situations since arriving in Oz. The first thing to come to terms with is that it is the system and the business owner class in Oz that is the problem not Australia. Do not let the situation effect your way of thinking about the country. Second, Get a decent Migration adviser and also get legal advice from a solicitor who specialises in Migration law. Not all RMA's are legally qualified. Third, Your employer cannot cannot your visa - period. This is done by DIAC and is discretionary. All they can do is either terminate your OH or try and get him to resign his job. You can sue your employer in the civil courts for non payment of wages, nothing to do with migration. Due to workchoices your OH might have minimal protection against termination during his probationary period - I was let go after 5 months and 28 days of my probation. Once employment has ended your sponsor can only inform DIAC of this fact. DIAC makes the decision to cancel your visa or not as mentioned above. The best tactic in this event is to get your RMA in contact with the compliance officer and butter them up, tell them you want to stay and are looking for work etc, DO NOT make this contact yourself as you are too emotionally involved. If your OH's occupation is in demand DIAC do not want you to leave so will give you every chance to find another sponsor. Once a sponsor is found, the 457 can be reissued in one hour... The big thing is not to panic, get a RMA and a lawyer and in the meantime start hunting for a job for either you or oh that qualifies for a new 457 visa. Like any other type of abuse, do not blame yourself and get away from the situation. Do not make a complaint to DIAC about the sponsor unless this is the advise of your RMA and lawyer. DIAC do not give a damm. As you know everything in OZ bureaucracy is very literal. They stay in their boxes. Finally as I was told by an SAS trooper once, "nothing lasts for ever". It can and will get better Have as happy a christmas as you can. Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted January 8, 2009 Share Posted January 8, 2009 hey all, sorry not been about have been so mad doing so much paperwork. Dirk got a call a few days ago from immigration as a courtesy call to say we have 10 days to let them know if we are returning to uk or lodging another visa. had finished all for TRA today and is on the way through the postal system soon, express recorded though for safety. The 28 days come into place when you receive notification of end of employment, not from when you hear from DIAC. They said the webpage is wrong!!!! they said they wont initially cancel our 457 but we have to speak with them regularly and prove along with our migration agent what we are doing and will hopefully allow us to lodge our visa once TRA is back. TRA phone lines say they are closed till 19th, but hopefully they are working there still in this time but just not answering calls. Tues got call from MA and was told of lots of forms to be filled in for the ENS we are now going for and they have to be filled out and recieved by agency by tues and the questions are mind killers and test your brain to the limit!!!!! had 2 nights of 2.30am bed times. Is all such a rush and just like starting out from england. TRA will hopefully be fast tracked as got an accompanying letter from MA as its a matter of urgency. Could be that on Wed they cancel our visa's. We are going for an ENS with a company we have found who works with machinery Dirk had used in the past but that is new to Oz so fingers crossed that we get the TRA approved. With the AQFIII and all other experience over 18 years then hopefully all will go well. We will have to redo medicals, get police checks, money money money!!!! Will let you all know how the TRA went when we get results, sorry its brief and cant reply to all individually at mo but thanks for all your help and advice. Regards, Jodie and Dirk XX Link to comment Share on other sites More sharing options...
LYNMACMD Posted January 8, 2009 Share Posted January 8, 2009 Good luck we are all certainly thinking about you, let us know when you hear more. Link to comment Share on other sites More sharing options...
BuddysMum Posted January 8, 2009 Share Posted January 8, 2009 I was wondering how things were for you. I am sorry that it doesn't seem to be going as smoothly as we might have hoped by now. It seems unfair that you have to do the meds again! Still, if that is what it takes to keep you there then I guess you will do it willingly! I do hope it all works out for you. Link to comment Share on other sites More sharing options...
Guest roantreemj Posted January 8, 2009 Share Posted January 8, 2009 Hi all ,just a bit of advice needed,we submitted our application this week for our rsms visa ,we have a sponsor in Adelaide and were wondering if anyone could give us a clue as to how longwe could expect to wait for our visa to arrive Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted January 19, 2009 Share Posted January 19, 2009 Hi all, just to let you know we passed the TRA!!!!!!! ENS forms with immigration, just have to wait and see if our new company will be granted permission to sponsor us. If they can they will then process our paperwork. If not then its dreary UK as it looks :sad: Link to comment Share on other sites More sharing options...
Lanky Lad Posted January 19, 2009 Share Posted January 19, 2009 hi Gill it was me not mummy3 who said to report and gave the links etc. I understand that you say that they cannot cancel the visa but they are making it extremely difficult and by not paying them their salary - well you are not going to keep going to work to get no pay are you......so the employer/sponsor is making it impossible for them to go to work...so in that case where do they stand as they would have been forced to resign.........if that makes any sense ( it does in my head:yes:) Are there any special rules for this sort of circumstance, if the sponsor is clearly being down right malicious and vindictive and in breech of thier obligations as the sponsor...why should the sponsored person/family have to suffer by leaving oz. Just wondered if their were any extenuating circumstances that could come into play? this is a dreadful example of how it can go so wrong in the hands of a wrong sponsor/employer. i do hope there will be a good out come of this May not be able to add much of a positive nature, but take note of Gills calm way of coming into the the situation. The problem is the bad guy has started a pub brawl and the smell of blood is in the air. Remove the emotion and calm down. IF this guy is doing all he is reported to be doing. The first thing to do is - as somebody mentioned - find out what the employers obligation in law are. Load up and arm yourself with information. IMHO, if the bad guy want to cause you problems, the easiest way is for him to sack the employee. Now you have no job and no money. The visa is therefore an academic point. he can sack an employee on any pretext, argueing the rights or wrongs takes time and without income you have no lawyer and no food. Dont pay the rent and th e landlord will attack you legally. So I ask myself why, if he just want to cause you a problem, does he not simply get rid of the employee??? There seems no logic as to WHY the employer suddenly turned into a looney. But, if it aint gonna work out..dont waste time looking for revenge...sort the problem and to do that you need local advice on your visa situation and follow that with company law. I dont know enough about aussie company law or your type of visa. Gill can advise on that, so you need to dig up some info on business obligations. Deal with the situation, in a logical order and instead of looking to get back at this guy. Best wishes. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted January 28, 2009 Share Posted January 28, 2009 Hi Jodie Hopefully notification of this post might show up in your e-mail inbox. Is there any further news on your situation, hon? Thinking of you both. :hug: Best wishes Gill xx Link to comment Share on other sites More sharing options...
Guest jodie_dirk Posted February 27, 2009 Share Posted February 27, 2009 Hi Gill and all those who have been reading our situation in kind thought. Firstly am sorry not to have been on here for so long. Have had alot going on of late. As it stands immigration are in the process of assessing our new companies details to decide if they will allow them to sponsor us on an ENS visa. Fingers crossed tightly that they will pass, then we will have to wait for our application to be assessed. We have been lucky enough to be able to remain as the ENS is an onshore visa. We have had a rough road but hope now things will work out for us to enable us to stay permenantly in Australia. I hope you are all well and will update you on the outcome of the company assessment when i receive it. Regards, Jodie and Dirk XXXXX Link to comment Share on other sites More sharing options...
Guest wiccanwitch Posted February 27, 2009 Share Posted February 27, 2009 thanks for the update Link to comment Share on other sites More sharing options...
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