Guest Engine Ear Posted October 27, 2009 Share Posted October 27, 2009 Hi I moved to Australia in July 2008 on a 457 visa to work in regional WA. I remained on this visa until 1 month ago when my application for a 857 visa was granted. The conditions of this visa are that i remain with my company for a period of 2 years. I am currently in a position where i am extremely unhappy in my current roll, to the point where it is effecting my health. I enjoy living in Australia and would like to remain in Australia, however i would really like to change my job. Does anyone know if immigration would make me leave australia and revoke my visa should i leave this company?? Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted October 27, 2009 Share Posted October 27, 2009 Hello Engine Ear Welcome to Poms in Oz. Yours is one of the best user names I've ever seen! The legal position may be stated thus: The migration legislation needs to be revisited to make it more manageable and transparent. Right now, the Department is filling in the potholes. The subclass 119 visa may be cancelled under section 137Q of the Migration Act if the employment is terminated within 2 years of employment. This power of cancellation is a discretionary power and may only be exercised if "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". The "genuine effort" clause is essentially an escape clause, particularly useful in remote areas. It is wide enough to allow the visa holders and their medical consultants to walk through without too much difficulty. But, as always, success is never guaranteed! The other issue, the employment contract issue, is with the employer. For sure, they can't force you to work although they can claim damages for breach. and As previously stated, section 137Q is a discretionary power. The Minister does not need to have any specific reason if at all when taking the non-cancellation route. It is important to be clear that in response to (1) a notice of intention to cancel the visa and (2) the companion invitation to make representation, the visa holder bears the sole burden of proof to pursuade the Minister why the visa should not be cancelled on the general ground as well as the specific "genuine effort" ground. The Minister only needs to rely on the fact of early termination, subject to the "genuine effort" escape clause. What is the problem? Is is the location or the employer, please? Cheers Gill Link to comment Share on other sites More sharing options...
Guest Engine Ear Posted October 28, 2009 Share Posted October 28, 2009 Hi Gill My username, its from an old joke someone once told me. Thanks for the welcome. In response to your question, the issue is mainly the jobs itself. The company has been hit fairly hard with the financial situation, resulting in having to operate with a skeleton staff. This has meant that i have had to take on other roles and responsibilities on top of my existing workload. I am not getting my weekend off, and have not been able to take leave since March. As i said in my original post, i love Australia, and would really like to remain here, however in the current role i am becoming increasingly unhappy to the point where it is starting to affect my mental health. I first had the company place the nomination early this year for the 857, my reasoning being it would offer me more security than the 457, should i be laid off, or the company fall into financial difficulties. I had every intention at that time of remaining with the company in this role. The location isn’t ideal, however is not the main issue, more so lack of a work life balance. Thanks Engine Ear Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted October 28, 2009 Share Posted October 28, 2009 Hi Engine Ear Problems with 857 visas are always tricky to sort out. For the reasons I mentioned in my PM to you, I spent HOURS investigating all the ins & outs for someone else a few months ago plus cadging top-notch legal advice for our other member. The general feeling amongst very experienced lawyers and agents is that DIAC are aware that to cancel a Permanent Residency visa without really solid grounds for doing so undermines the principle of Permanent Residency. Cancelling an RSMS visa too easily would do more damage to the public's perception of Australia than it would to the visa holder, potentially. Apparently for this reason, DIAC do not leave it to their foot-soldiers on the coal face of visa processing to decide what to do about possible cancellation of an RSMS visa. Apparently the whole file has to go to the Policy people in Canberra, they make all necessary enquiries and they decide what to do. It is taken very much more seriously, and at a much higher level of seniority, than allowing the ordinary staff in visa processing centres to cancel 457 visas, for example. It is also reasonable to assume that they take into account the Minister's stated assertion that Australia needs to get skilled migrants to go to "rural and remote" Australia because the Aussies usually put their foot down and refuse even to consider the idea. If a migrant is doing your country a favour, kicking him in the gonads doesn't pay. The experts I chatted with were of the view that if life with Employer A is untenable but the RSMS visa holder is able to find an Employer B, also in a Regional area that the Aussies from the capital cities will not consider, then honour is satisfied. Regional Oz is still getting the help it requires, though not necessarily in the same part of Regional Oz. That depends on the location of Employer B, after all. They are far less likely to frown on this idea than they would if the RSMS holder high tailed it to the State capital. If a doctor says that an unhealthy work/life balance is damaging your health then it is damaging your health. DIAC tend not to argue with examining doctors, psychologists etc and the "genuine effort" clause - the escape clause - is widely drawn. That said, find out about the drills with WorkCover before you make any moves: WorkCover WA From what I saw with the other user, if you aren't genned up about WorkCover then having an army of Do Gooders jumping on you and demanding that you jump through one hoop after another because the Do Gooders are on very strict time limits to do their own bits of sorting things out, complaining to a doctor ends up being even more stressful than the original stress, plus the employer may stop paying your fortnightly salary as soon as WorkCover get involved. WorkCover won't start paying immediately. They have to satisfy themselves that the claim is genuine. Although they backdate the payments, it can be some time before you get anything. Plus there may not be a suitable psychologist in your area. The employee has to pay for any travelling involved in consulting the psychologist. The whole thing is a prize pantomime which is unbelievably stressful for the employee who was so stressed out to start with that he needs some peace & quiet. Common sense is thrown to the four winds to judge from what I observed with the other guy. Someone else whose Hubby was physically injured at work told me that WorkCover were brilliant with them from Day One but her Hubby was in hospital to start with, visibly injured in a way that no-one could argue about. Psychiatric injury is much harder to prove and people tend to be sceptical of claims about it. I gather that there can also be big problems if the employer hasn't been maintaining his WorkCover insurance or something - I think the employer can be punished though it wasn't necessary to look into that with the last RSMS sufferer on here so I am very hazy about the details of this bit. I don't know who is supposed to pay what to whom. I'm inclined to suggest contacting WorkCover informally, on a no-names, no packdrill basis, to find out exactly who they are, what they do and how they operate in your area. Then go and have a quiet word with the Practice Manager at the GP's surgery. One complication with the last family was that the first GP spoke fluent English but he was a locum who was only in the area for a fortnight. He referred the sufferer to a psychologist in Perth - £400 + for flights there & back, plus taxis to and from the airport with no salary coming in. That added greatly to the stress. The sufferer made another appointment with the GP, to be told that the locum had left and the regular GP was back. The regular GP had only been in Oz for 6 months himself, had reached Oz from Eastern Europe, spoke almost no English, had no idea about WorkCover and to cap it all off he announced that he had had no training whatsoever in mental health problems. He insisted that he could only treat physical illnesses and injuries. The Practice Manager sorted everyone out. She realised that the patient should not have been referred to anyone in Perth because a clinical psychologist was available locally. She guided the doctor's pen and changed the referral to the local lady. The local lady was unable to make the appointment which had been booked with the patient because she was held up in Perth for two extra days, doing something there. The Do Gooders went loopy en masse, fearing that they would miss the statutory deadlines for whatever they were supposed to do with the psychologist's report. It was all completely unwieldy and totally disjointed. A whole posse of people were bullying the patient simply because the relevant legislation doesn't take the possibility of unavoidable delays into account as far as I could gather. In short, DO NOT go anywhere near a doctor until you understand what you will or might be in for! Work out, too, how long you can survive for without pay. How easy would it be for you to find work with somebody else locally? Have you tried telling the employer that you cannot do the work of six people so he will just have to get some more staff? Cheers Gill Link to comment Share on other sites More sharing options...
Guest Engine Ear Posted October 29, 2009 Share Posted October 29, 2009 Thanks again Gill for your reply Your knowledge on the subject is a great help. I have spoken with my employer regarding the situation recently. My employer has stated that he will address the situation and look at ways to possibly resolve. Hopefully we can reach a compromise. At this point my drive to stay in Australia is outweighing my unhappiness in this position. From what I have read of the previous thread that you directed me to, 12 months on the 857 visa should be grounds for reasonable effort to meet my obligations. As stated, I was on a 457 for 15 months, and have just transferred to the 857 approximately 1 month ago. Regarding other employment opportunities, as I am a qualified Mechanical Engineer, finding other employment is not so much of an issue. There are a lot of positions available within the mining industry where the work would be site based, and class as rural, allowing me to a fixed roster. I will certainly do a lot of thinking and research before making any final decision, and thank you again for all the information and advice . Engine Ear Link to comment Share on other sites More sharing options...
Guest deiacr Posted January 18, 2010 Share Posted January 18, 2010 Hi Engine Ear, I saw your post and I really hope you have sorted it out. I find myself in the same situation: I came to Australia under 411 visa and I work for this company since Aug 2007. Since Jan 09 my 857 visa was granted, but I really am not happy at this job for many reasons. In addition my partner got transfered to Melbourne. I contacted DIAC and immigration consultants as to see what is most likely to happen if quit my actual job. Some of the answers I got were: - if I apply for an independent skilled visa - subclass 175 (which can take up to 2 years) they wouldn't grant a bridging visa; - A decision is made on a case to case basis and depending on the circumstances it may take anywhere from 28 days to 6 months; - You would have the opportunity to provide a submission as to why your visa should not be cancelled. The visa is not cancelled just because you have left the employment but rather the circumstances that led to you moving; - You are able to work whilst a decision is being made (even for another employer); - Each case is to be considered individually on the basis of the information provided by both the employer and the visa holder. In some circumstances, information provided by other parties might also be considered; - 8 GENUINE EFFORT For cancellation to occur, the delegate must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two year employment period. In assessing whether the visa holder has made a genuine effort, the delegate must consider: • the visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances) • the possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia • 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 • any other matter which is relevant to the commencement or termination of the employment. If terminating the employment on reasonable grounds, a visa holder would be expected to give their employer appropriate notice, including the opportunity to make a counter offer in circumstances where a more attractive employment opportunity exists in the regional area. A situation created by the visa holder that results in termination of their employment would not be considered a genuine effort. A visa holder is unlikely to be assessed as failing to have made a genuine effort where the failure to commence or complete the two year employment period was because of a situation beyond the visa holder’s control. Examples include: • the position was not filled or did not remain viable due to a serious downturn in business activity or • financial loss, bankruptcy or closure of the business. Delegates are also expected to consider any hardship that the visa holder or members of the family unit may suffer if their visa is cancelled. 20 DECISION NOT TO CANCEL Even if the delegate determines that grounds for cancellation do exist, there may be factors that need to be considered when assessing whether to exercise the discretion to cancel the visa under s137Q. These factors can include: • the circumstances leading to the grounds for cancellation • the visa holder’s current and past behaviour in relation to the department, such as the truthfulness of statements made to officers or in applications under consideration by the department • the links the visa holder may have made to the community. This can include the strength of family, social, business and other ties in Australia. Strong ties to regional Australia and continued employment in that area may also be given special consideration • the length of any period of employment with the sponsor, including any previous employment with the sponsor whilst the visa holder was on a temporary visa • the degree of hardship that may be caused to the visa holder and any members of their family unit. Note that Article 3 of the Convention on the Rights of the Child requires that the best interests of any relevant child (which is anyone less than 18 years old, in Australia) be treated as a primary consideration, regardless of the child’s immigration status. If there are members of the family unit who would qualify as a relevant child and whose interests could seriously be affected by cancellation, or who themselves would be affected by consequential cancellation, delegates have an obligation to treat as a primary consideration the effect of cancellation on any such children. - Visa cancellations usually have serious consequences for the visa holder. Delegates must therefore ensure that they have a high standard of proof that non-compliance with subdivision GC occurred and the evidence gathered is sufficient to support a decision to cancel. If the delegate is not convinced that visa cancellation is appropriate or warranted, the visa holder should be given the benefit of the doubt. I haven't decide what to do yet as it is too risky for me, but hope it helps! Cheers Link to comment Share on other sites More sharing options...
Guest akipperandamuffin Posted March 17, 2010 Share Posted March 17, 2010 Hey Engine Ear, in shear desperation i googled 'can u get out of an 857 early' and found this forum and ur post, plus the really helpful replies and i tell u, i cud have cried with the great responses...im in EXACTLY the same boat as you...i wondered if u had sorted any of the issues out/left/had any further comments on whether to do it or not. I did 6mnths on a holiday work visa, 18mnths on a 457 and have done a yr on an 857 and again, for my health i cant do another year....i live in a town of less than 500 peeps hundreds of k's away from reality...my current role AND pay and holiday is a far cry from what contracts that have been signed state....its so evil how you can get used and an employer can threaten you with deportation when all you try and do is your best.:sad: would appreciate your feedback, thanks again Link to comment Share on other sites More sharing options...
Guest nearlyanaussie Posted April 28, 2010 Share Posted April 28, 2010 Hi all! Please can someone give me more information than I have managed to get from diac! I am currently on a 857 in a regional area, I have been on it for almost a year! I did previously work for this employer for a year previously over 2 years( 6 months on a working hol visa and 6 months on second hol visa!) I always loved my job and was intending to stay in it for many years. I also love the regional area that I work in and i wish to remain in it for several years! Unfortunatly my sponsor is a small family business and a new family member has joined the company in the last year and this has created lots of conflicts which I have tried to resolve but had no luck! I know dread going to work and am making myself sick with the stress so I decided to look at my options! I was told in the immigration office directly that I could just leave, and again on the phone(hotline) but I am a worry wart and the person on the phone said if i wanted it I could get it in writing from an email address she gave me. But I have just had a respose saying that they could not tell me if they would take away my PR, and that I basically had to quit and my employer would have to notify them and then a case officer would decide. I really dont want my employer to know what I am thinking before I know if I will loose my PR as this is the most important thing to me and as it all personal family issues and the town is small it could get ugly, especially as i want to stay in this area! Basically the new member of management is a bully and makes me very uncomfetable and unhappy! I really want to remain in Oz, I love it here especially in my regional area where I volunteer a great deal in the community. I have also been offered serveral other jobs in this area but they are not the same position i was intially sponsered for! Please can anyone offer my advice, has anyone else gone through this and actually left their sponsor early?? Link to comment Share on other sites More sharing options...
Guest Choroka Posted February 24, 2011 Share Posted February 24, 2011 Hi Everyone, I am on RSMS visa and was sponsored for a management position by a family operated business. I was granted visa in July 2010 and since then I have been working for my sponsor but not in a skilled level/position. Even I discussed the issue with my employer that I was sponsored for a skilled job, while I am doing an unskilled job now with you but the employer ignores. I have done my best to remain with the current employer and was working as a laborer in an unskilled role since July 2010 with them, but I can't continue it longer. In such a situation if I find another employer in the regional area and simply resign from working with the sponsored employer do you think my visa will be canceled or do I have to inform immigration about the employer's breach of visa condition before commencement of work with another employer? Thank you for your comments in advance. Link to comment Share on other sites More sharing options...
Guest ZimBird Posted March 8, 2011 Share Posted March 8, 2011 Hi Everyone, New to this site and am so glad I have found others in the same position as us!!! :cry: We came over here on a 457 in 2006 and had our 857 granted in October last year. My husband (the primary applicant) has been working for the sponsor company for a total of four and half years now. He was offered a brilliant job with a big company in the same town (still Regional QLD) and we're now discovering that our visa can be cancelled if we take the job and our sponsor company doesn't like it. The new job is for $30,000 more a year, Steve has been on an absolute basic salary since the beginning even though the cost of living has risen so much, not legible for bonuses or any sort or tool allowances as "you are a sponsored migrant", not sent on training as per contract etc etc and basically treated like second class citizens, we are so tired of struggling to make ends meet whilst the sponsor company makes money hand over fist because they don't have to pay you any more than the minimum requirement, regardless whether you have 2 or 35 years experience in your trade. Am so the hell in at being beholden to this company and everytime we try to better ourselves we get knocked back. I do not want to leave Australia, that's the last thing any of us want - we love the country but when you are stressing out so badly because what you are being paid is just enough to cover the bills, and you are treated like you owe them the world, it takes a toll on your health! I'm so angry!!! :arghh: Link to comment Share on other sites More sharing options...
Guest guest33730 Posted March 8, 2011 Share Posted March 8, 2011 Hi Everyone,New to this site and am so glad I have found others in the same position as us!!! :cry: We came over here on a 457 in 2006 and had our 857 granted in October last year. My husband (the primary applicant) has been working for the sponsor company for a total of four and half years now. He was offered a brilliant job with a big company in the same town (still Regional QLD) and we're now discovering that our visa can be cancelled if we take the job and our sponsor company doesn't like it. The new job is for $30,000 more a year, Steve has been on an absolute basic salary since the beginning even though the cost of living has risen so much, not legible for bonuses or any sort or tool allowances as "you are a sponsored migrant", not sent on training as per contract etc etc and basically treated like second class citizens, we are so tired of struggling to make ends meet whilst the sponsor company makes money hand over fist because they don't have to pay you any more than the minimum requirement, regardless whether you have 2 or 35 years experience in your trade. Am so the hell in at being beholden to this company and everytime we try to better ourselves we get knocked back. I do not want to leave Australia, that's the last thing any of us want - we love the country but when you are stressing out so badly because what you are being paid is just enough to cover the bills, and you are treated like you owe them the world, it takes a toll on your health! I'm so angry!!! :arghh: Zimbird, I think you will find things are not as bad as you set out. My advice would be that contact a good migration agent and have a chat about your circumstances. To date there have been no reported cases of anyone on an 857 visa having their visa revoked for the situation you find yourselves in. I suggest you contact someone like Alan Collett of Go matilda (Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia) who I'm sure will be able to set your mind at rest. regards Daniel Link to comment Share on other sites More sharing options...
Guest ZimBird Posted March 8, 2011 Share Posted March 8, 2011 Thanks so much Daniel, will definitely make contact with Alan Collett and see if we can get some clarity on this. Have a good one! Mel Link to comment Share on other sites More sharing options...
Guest cowboy Posted March 14, 2011 Share Posted March 14, 2011 hi guys wht if the employer is not ready to pay you the money and does not gives you full time to work on 857 visa that was agreed on contact paper. can we leave the employer and will immi. cancel our visa.. Link to comment Share on other sites More sharing options...
Vagabond Posted March 22, 2011 Share Posted March 22, 2011 HiI moved to Australia in July 2008 on a 457 visa to work in regional WA. I remained on this visa until 1 month ago when my application for a 857 visa was granted. The conditions of this visa are that i remain with my company for a period of 2 years. I am currently in a position where i am extremely unhappy in my current roll, to the point where it is effecting my health. I enjoy living in Australia and would like to remain in Australia, however i would really like to change my job. Does anyone know if immigration would make me leave australia and revoke my visa should i leave this company?? Hi Engine Ear, I was in same predicament very recently. I left my sponsor before the two years are up. DIAC have decided to let me stay a permanent resident. I did not use an agent to represent me and the process was quite painless albeit quite nerve rattling. Please message me if you'd like more details. V. Link to comment Share on other sites More sharing options...
Guest cowboy Posted March 22, 2011 Share Posted March 22, 2011 everyone wants to leave employer within 2 years period...wht if employer tries to leave u or terminate ur contract and say u are free to go and live ur life ahead.. will immigration cancel ur visa in this? comments welcome Link to comment Share on other sites More sharing options...
Blue Posted May 31, 2011 Share Posted May 31, 2011 Has anyone left their visa very early in the contract? My job has become unberable the boss's sister has taken over and we have a personality clash and she treats me like trash now. She has given me less work time to do a bigger work load. 3 others have quit in the last month so I am having to help out with their work load to.. doing 9/10 hour days with no breaks straight through. The stress is causing me to have anxiety attacks and I feel physically sick even thinking of going into work. I do 2am starts and get paid no over time. If I have only had my visa for 2 months will it get cancelled if I leave? Link to comment Share on other sites More sharing options...
Guest elvaretta Posted June 9, 2011 Share Posted June 9, 2011 Hi Blue, If I were you, I will collect all docs about that horrable job, such time sheet, payslip with no overtime pay etc etc. then I just resign. If you have to deal with immigration to cancel your visa. Just let them know that you are not leaving the job with unreasonable cause. Australia Immigration is really humanistic, behind his strictly face to deal with immigant. cheers Link to comment Share on other sites More sharing options...
Guest naninOz Posted June 16, 2011 Share Posted June 16, 2011 Hi All, I have a question on behalf of friend. My friend currently has PR (RSMS 119 visa) employed in regional QLD. She wants to quit this job due to some issues with a colleague (she has no problems with the boss or company) and she is also able to find a job in Brisbane. The new employer is ready to sponsor her, but is it possible legally? I understand that on RSMS 119, the employee is bound to work for 2 years from the day visa is granted. If this visa gets cancelled after my friend quits, is it possible to re-apply for PR visa (maybe an ENS, since RSMS is for regional AUS). What visa will my friend be in until the new PR status is granted? Or is it impossible to get PR again, though there maybe employers who want to sponsor? I see it as having a black mark for immigration department? What do u feel? Also, is it possible that her partner gets a sponsor in Brisbane and visa is applied through him, much before she quits her current job? Please help. Link to comment Share on other sites More sharing options...
Guest benstravelbag Posted July 24, 2011 Share Posted July 24, 2011 Did you leave successfully? I amin the same boat now and all i read is same random statements it is safe expect if you provided false info. Link to comment Share on other sites More sharing options...
Guest benstravelbag Posted July 24, 2011 Share Posted July 24, 2011 that msg was for Zimbird Link to comment Share on other sites More sharing options...
Guest Posted September 16, 2011 Share Posted September 16, 2011 same situation here..dont know what to do as not getting days off working more than 50 hrs p/w...no over time pay.. Hi Everyone,New to this site and am so glad I have found others in the same position as us!!! :cry: We came over here on a 457 in 2006 and had our 857 granted in October last year. My husband (the primary applicant) has been working for the sponsor company for a total of four and half years now. He was offered a brilliant job with a big company in the same town (still Regional QLD) and we're now discovering that our visa can be cancelled if we take the job and our sponsor company doesn't like it. The new job is for $30,000 more a year, Steve has been on an absolute basic salary since the beginning even though the cost of living has risen so much, not legible for bonuses or any sort or tool allowances as "you are a sponsored migrant", not sent on training as per contract etc etc and basically treated like second class citizens, we are so tired of struggling to make ends meet whilst the sponsor company makes money hand over fist because they don't have to pay you any more than the minimum requirement, regardless whether you have 2 or 35 years experience in your trade. Am so the hell in at being beholden to this company and everytime we try to better ourselves we get knocked back. I do not want to leave Australia, that's the last thing any of us want - we love the country but when you are stressing out so badly because what you are being paid is just enough to cover the bills, and you are treated like you owe them the world, it takes a toll on your health! I'm so angry!!! :arghh: Link to comment Share on other sites More sharing options...
Guest esabz Posted September 22, 2011 Share Posted September 22, 2011 Hi! I need help. I am on a Bridging visa A, my RSMS 857 visa was lodge 2 months ago. I want to leave my employer here in Queensland. Here are the reasons why I want to leave: 1. We are forced to work with minimal staff, meaning higher workloads. Its fine, but at the end of the day if you don't hit your target sales, they blame you for not doing the job properly. 2. On my contract I need to work at least 38-40 a week. But they require us to come to work an hour early. And they ask you to stay back at work if its busy or there more jobs to be accomplished, making us work a minimum of 9 hours and a maximum of 10 to 11 hours. There was even a time I work from 10pm to 9am the following day. 3. With the workloads, I always feel tired and sick, so i decided to talk to my Store Manager and employer. I just told them how I'm feeling and they got angry with me and threatened me that they will cancel my nomination. 4. As I don't have the best health, and always tired after work, I asked them if I could have a roster that are not continuous, because they roster us 5 straight days and gives us 2 days off after. I told them Its best if they would give me a day off in between that 5 day shift in a week. And as we have overnight shift I asked them not to roster me straight overnights. But when the new roster came out, i have all overnight shifts for the next 4 weeks and to top it of, its all 5 days straight. I came from WA, I move to Queensland to get PR. When I left Perth, it was then classified as a Regional Area, making it possible for me to apply RSMS. I have my previous employer willing to sponsor me. What should I do now that I have my RSMS is currently lodge here? Do I have to lodge a new one in WA? PLEASE tell me what to do. I would appreciate any suggestions. esabz Link to comment Share on other sites More sharing options...
Guest esabz Posted September 22, 2011 Share Posted September 22, 2011 Hi! I need help. I am on a Bridging visa A, my RSMS 857 visa was lodge 2 months ago. I want to leave my employer here in Queensland. Here are the reasons why I want to leave: 1. We are forced to work with minimal staff, meaning higher workloads. Its fine, but at the end of the day if you don't hit your target sales, they blame you for not doing the job properly. 2. On my contract I need to work at least 38-40 a week. But they require us to come to work an hour early. And they ask you to stay back at work if its busy or there more jobs to be accomplished, making us work a minimum of 9 hours and a maximum of 10 to 11 hours. There was even a time I work from 10pm to 9am the following day. 3. With the workloads, I always feel tired and sick, so i decided to talk to my Store Manager and employer. I just told them how I'm feeling and they got angry with me and threatened me that they will cancel my nomination. 4. As I don't have the best health, and always tired after work, I asked them if I could have a roster that are not continuous, because they roster us 5 straight days and gives us 2 days off after. I told them Its best if they would give me a day off in between that 5 day shift in a week. And as we have overnight shift I asked them not to roster me straight overnights. But when the new roster came out, i have all overnight shifts for the next 4 weeks and to top it of, its all 5 days straight. I came from WA, I move to Queensland to get PR. When I left Perth, it was then classified as a Regional Area, making it possible for me to apply RSMS. I have my previous employer willing to sponsor me. What should I do now that I have my RSMS is currently lodge here? Do I have to lodge a new one in WA? PLEASE tell me what to do. I would appreciate any suggestions. esabz Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2011 Share Posted October 7, 2011 hi, im on the same visa, u can write a letter to immigration and send a copy to fair work Australia and tell them all the story...anyway they cant cancel this visa ..only immigration has the right to do that and the decision is made in canberra...not by our employers.. Link to comment Share on other sites More sharing options...
Guest esabz Posted October 7, 2011 Share Posted October 7, 2011 hi! thanks for your reply. I would do what you've said. Link to comment Share on other sites More sharing options...
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