byrned Posted June 3, 2009 Share Posted June 3, 2009 My Husband who came to OZ on a Sub Class 856 Visa which is permanent sponsored by emplyer. Anyway he got made redundant 5 weeks a go and I have started looking into this visa he has been working for the company about 14 months now on this visa well i looked on Immigration website and it says one of the obligations of the employer is that they make the job available for up to 3 years, is this right, did the company have the legal right under immigration to make my husband redundant, he was the only one from the installation team made redundant, the company is a global company. Also because we have not served our waiting period of 104 weeks we cannot get new start allowance. Is there any lawyers or immigration experts out there your help in tihis would be very much appreciated, I feel he has been treated pretty awful by this firm, they asked him to work for them so we sold everything in england and gave up good jobs to come here.:mad: Link to comment Share on other sites More sharing options...
Guest siamsusie Posted June 3, 2009 Share Posted June 3, 2009 I feel for you and I am sure Gollywobbler would guide you in the right direction, just to wish you and your family well and best wishes and I am sure there has to be a solution somewhere dont let it get you down too much hugs ss x Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted June 3, 2009 Share Posted June 3, 2009 Hi Byrned Immigration Law has nothing to say about the situation. You have no Immi Law remedy against the employer and no danger to your PR status either. Employment Law is the area you should be considering. What are OH's redundancy rights? It might depend on Victoria State Law - I don't know. I note that OH is a Carpenter. Is he a member of a trade union? The unions are powerful in Australia and the construction workers' union is particularly so. If he is a member, they may be able to help. Best wishes Gill Link to comment Share on other sites More sharing options...
byrned Posted June 3, 2009 Author Share Posted June 3, 2009 Hi Gill Thanks for your reply, I was worried that we would not be able to stay, that part puts my mind at rest, we was on a 457 visa prior to this for 2 years so we have been in oz now three and half years working with same company, it just seems unfair that after paying taxes both of us for all this time, we cannot even get a bit of dole just until we find new job, oh well such is life. Thank you once again for your prompt response. Kind regards Debra Link to comment Share on other sites More sharing options...
wrussell Posted June 3, 2009 Share Posted June 3, 2009 Hi Gill Thanks for your reply, I was worried that we would not be able to stay, that part puts my mind at rest, we was on a 457 visa prior to this for 2 years so we have been in oz now three and half years working with same company, it just seems unfair that after paying taxes both of us for all this time, we cannot even get a bit of dole just until we find new job, oh well such is life. Thank you once again for your prompt response. Kind regards Debra Notwithstanding popular opinion and the incorrect information published by the DIAC, there are social security benefits available to you in certain circumstances. Contact Centrelink in person. If you contact a call centre you are likely to be told anything. You could also look into the possibility of applying for the release of supperannuation benefits under the hardship provisions. Link to comment Share on other sites More sharing options...
byrned Posted June 3, 2009 Author Share Posted June 3, 2009 Hi Thanks for that when i phoned centre link they told me we could not claim for anything because of the waiting period so when i said to her well how are we going to pay the rent and feed the kids she told me to get in touch with the vincent st paul society, I swear I just burst out laughing. Anyway yes he paid into cbus what is that is that super? Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted June 4, 2009 Share Posted June 4, 2009 Hi Byrned I agree with Westly. If you walk into their offices, Centrelink are required by law to suss out what you might be eligible for and to tell you about what it is and how to claim it. If all you do is ring up, all they will say is what is on their website: Special Benefit 3 Qualification & Payability 3.7.1.30 Assessment of SpB Claims I am astonished that the Social Security Policy Guide is allowed to shout at the Centrelink staff in the way that it does on the third link above! In reality it may not be as draconian as it sounds, either. Plus I am no expert on what can be obtained from Centrelink. If you can get Special Benefit, I would think rent assistance would be automatic and I would think you can claim something for the children as well. Best wishes Gill Link to comment Share on other sites More sharing options...
wrussell Posted June 5, 2009 Share Posted June 5, 2009 Anyway yes he paid into cbus what is that is that super? Yes. Don't let Centrelink fob you off. You can qualify for a Special Benefit in some circumstances that were beyond your control, although losing or not being able to find work is not usually considered to be beyond your control. At the very least Centrelink must register you and help you find work and give you a letter confirming that you are not eligible for a benefit. This would help if you decide to look into the release of superannuation issue. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.