857 visa nightmares

[Guest kumsinJawani]

Hi,

I've gone through the numerous posts on this forum about people being unhappy about their job or employer and feeling helpless because of the 857 visa obligations. I'm currently in a similar kind of situation and would greatly appreciate any advice offered.

Basically I've been working with my employer since last 2 years (457 visa initially) and was recently granted 857 visa as well. Though I was supposed to be happy on that day, I was actually trying to hide my tears with just the thought of getting stuck with the same employer for the next two years in a regional area.

Funnily enough, I was also offered a job with another company in city on the same day my 857 visa came through.!!! The pay was much higher and the work load was less (less stress), considering that there was a team of 10 people doing a job similar to mine in my current company...wow. The only catch being that there was no offer of Permanent Residency and I'd to take a step back and accept the 457 visa being offered by my new employer...

If I take a look back, the situation was much better when I'd initially joined my current employer couple of years back. Just out of a rigorous Masters program from one of the best universities in the world, I always felt that I was moving at a pace greater than the rest. With a very high skill set and energy to work, my employers did not even blink before hiring me and offered me a position . The remuneration package though less was ok at that time for me because I did not have a clue about the market rates for my kind of skill set in Australia.

Anyhow I started working with the company thinking that I'll probably get a major hike if I showed them my work (as suggested by the recruitment consultant and HR who interviewed me).. There was no limit to working hours (70-80 hours a week including weekends) as the workload was high...I got involved in numerous projects and completely changed how the things worked in just an year. I used to hear people talking/ appreciating my direct reporting supervisor about my work and that she recruited me at such a low salary package.

I did speak to my supervisor about my situation (after approx. an year). Impressed by my work she spoke to her manager and told me that I'll get a major hike apart from the regular one in couple of months time..

In the meantime my employer agreed to sponsor my 857 visa and I also signed another 2 year contract immediately (as I was aware of the waiting times for subclass 175 visa. 2 -3 years is just ridiculous for a country like Australia where people talk about skill shortage all the time)...

But the salary hike promised before never came through.

Even though my salary is well above the award rates, I could have easily earned more than double the amount if I was working else where for similar kind of position. It's just the difference in making a fortune and earning a normal regular salary.

Combined with huge workload, long working hours and low salary stressed me up. I wanted to relax a bit. I pushed my start times to a bit late like 9:30-9:45 instead of 8:15 - 8:30 previously. Even though I never complained about the workload and kept on working till late hours (6,7,8,9 pm. no limit).

After couple of months, I got really pissed off when my employer started complaining of my start times. I got so angry that I almost had a verbal heated argument with my reporting manager on this. This eventually resulted in me getting a low end-of-year appraisal rating (no salary hike and no bonus). This has also reduced my chances of getting promoted to a more senior position within the same company for which I had applied for. Everything started going horribly wrong.

Now my questions are as follows:

1) If I somehow manage to stick to my current employer for another 1 year, I'll be eligible for citizenship in Jan - 2012. I've confirmed this by calling DIAC hotline. By that time I would have worked for my employer for approx 3 years (2 years on 457 and 1 year on 857). Would it be safe to quit the job once I get my citizenship, considering that the 857 visa obligations (work until Jan - 2013) will no longer apply once I get my citizenship??

2) Is there a forum or a govt. body where I can go and consult about my situation? I've tried before and I was told that the govt. institutions only interfere when the salary package is below the award rates (which are too low for highly skilled people like me).

3) What happens if my employer fires me or makes me redundant.?

I think its high time now for the immigration dept. to start thinking about the skilled employees and not just give all the power in the hands of the employer. The system has to become more transparent for it to come in equilibrium and survive for a long period of time.

Any pointers will be appreciated, as I just feel like a bonded laborer.

Thanks in Advance !!!

[Pumpkin]

I would recommend you consult a migration agent over your citizenship and what happens if you do not complete two years on the 857 visa. Certainly I cannot imagine citizenship would be revoked, but I would want to check out this whole area if I were you, I think it could be valuable.

 

If you are made redundant whilst on this visa, then there would be no consequences for you, you have done your best to comply with the visa terms.

 

To make your current situation more tolerable, why not try to talk it through with your employer. I run a large team and would be hacked off with somebody strolling in at 9.45am too, you are not helping yourself with that, but you should talk to them about your curreny workloads and hours.

 

I don't think you are going to find a government body to assist with your salary, we are on our own when it comes to negotiating salary.

[Guest atc03]

hi kumsin

 

i just want you to know that i am on 57 visa as well and like you i am working more hours than it should be . the worst thing is i paid by an hour. over 40 hours of my work is overtime pay but they are not paying me they want me to offset the hours which never happen. i am also looking foa way that i can leave without cancelling my rsms 857.

 

i cant stay longer as they want to maximize my service like animals.

 

hope i can find ways.