lucy xxxx Posted April 28, 2011 Share Posted April 28, 2011 Hello everyone on this forum, I am quite new to this forum but hope to get some useful advice to help me in this very difficult situation I am in. I have been on a 457 visa for the past 2 years and stayed with the same employer. Things have been extremely difficult, my boss bullied me around, long hours, lots of stress and mostly 6 days a week. I also have been underpaid. However, I always looked at the bigger picture and that is permanent residency. So about 2 months ago, when my 457 visa came to an end, I organised with the General MAnager to continue employment on a 857 visa which he agreed to. All paperwork was organised and I paid all fees. As I am in Regional QLD, the 2 years on my 457 are the base for being able to apply for this permanent visa. As my 457 has now expired in the meantime, I am on a bridging visa, waiting to receive my permanent residency. However, yesterday, I received my termination at work! The woman who runs the business and who is in charge, disliked me from the start and was trying to get rid of me for a long time. I am a good worker but she bullied me around and just disliked me on a personal level trying everything she could to make my work life miserable. As I had arranged my permanent visa with the General Manager though, I thought that all was good and safe and I was confident to go ahead with it. Now that I got terminated and am still in the process of receiving my permanent 857 visa (which is of course based on an employer which I don't have anymore), I am very stressed out on what to do. Obviously I will have to contact immigration and be upfront with them. The last thing I want to do is to leave the country. Can anyone give me some tips and advice? Has anyone been in a similar situation? Should I let the Immigration know that I have been underpaid for 2 years? Please help!!!! Link to comment Share on other sites More sharing options...
Pumpkin Posted April 28, 2011 Share Posted April 28, 2011 I am sorry that this is not going to be a cheery post. But you cannot get an 857 visa if your employment has been terminated before it is even granted. I expect your company would do something to retract the sponsorship shortly if they have not already. Unfortunately you do seem to have hit one of the pitfalls that comes with the 457 visa, in that there could be a personality clash and the employer might just choose not to support a PR application. You can let immigration know you have been underpaid, why not. But I don't think it is going to change your visa situation. You were on a temporary visa and there was always the expectation that you would need to leave Australia in due course. Link to comment Share on other sites More sharing options...
loubeany Posted April 28, 2011 Share Posted April 28, 2011 God I am so sorry for you about this awful situation ... I really hope you can get it sorted... what about trying to get another job with sponsorship ? would that be possible? Am sure someone will be able to qualify the questions you have All the best of luck Link to comment Share on other sites More sharing options...
lucy xxxx Posted May 12, 2011 Author Share Posted May 12, 2011 Thanks for your replies..... it seems like a tricky situation. I have been out of my old job now for 10 days, and really needed that time to recover from those 2 years of stress, long hours and being bullied around. Now, I am mentally in a much better position to deal with what's ahead of me, but have not organised anything. I am wondering if I was able to find a new employer in my town doing the same occupation as before on the 457, can I then transfer my 857 application to my new employer or would I have to start again with a 457 visa since it is a new employer? Obviously the new employer would have to undergo the Regional Certification by a Regional Body but that shouldn't be a problem. It comes down to the fact that I did my best in my job for the last two years, the General Manager signed off all the papers for the 857 application, I submitted it to DIAC and then, 2 weeks later, I got terminated by the onsite manager. This is not due to something I did wrong, but a personal dislike the onsite manager has had towards me from the start and she was working for a long time on getting me out there. Confirming with the General MAnager before I paid for my visa that everything was fine, reassured me that I would not be terminated and keep my job. Anyway, I am in a very difficult situation. I do not want to leave Australia, I had best intention, worked lots of hours and put my best in to satisfy my employer! Does anyone know if DIAC looks at those things and can apply exceptions?? Most importantly, can I transfer my 857 application over to a new employer now that it just had been paid 2 weeks ago? Thank you. Link to comment Share on other sites More sharing options...
loubeany Posted May 12, 2011 Share Posted May 12, 2011 Hey there pleased to hear you are recovered and have your strong head on.... I really think you need to seek some proffesional advice hear as your situation is exceptionally sensetive. My suggestion would be to find out if they can just terminate your contract over a dislike to you, surely they would need grounds to do this ... 3 strikes etc... not sure if this applys in the work place in Oz... Have you tried going above her even though you are now out of the job and seeking advice from top management? I really feel if this is unfair dismissal you have a strong case, but obviously we dont know all the facts? Seek some advice Lucy as soon as possible and also am sure you can get this sorted. There just appears to be a few missing gaps as am sure as I mentioned she CANNOT fire you over a personal dislike - she surely needs some basis foe letting you go ? I dont doubt you are a hard worker but if this is a case of unfair dismissal you can take matters further. Just one question - were you out of your trial period with the company ? Link to comment Share on other sites More sharing options...
Guest Fabian Posted May 12, 2011 Share Posted May 12, 2011 I am pretty sure your employer cannot simply terminate your contract. When you have done something stupid..well, its your fault mate. Before you havnt got issued 3 written warnings your contract cant be terminated that easily unless something really bad happened like you set fire to the business and tried to burn it down or raped another employee or whatever crappy thing. Sounds a bit like a hotel I worked for recently.. starts with M ,finishes with A Another thing I noticed in your post : Its NOT a requirement to work 2 years on a 475 visa to apply for a subclass 857. Its ONE way of getting the subclass 857 application on the way but I know in my case that I have worked exactly 1 week for my employer and he decided to sponsor me for the same visa. Unless your job is not in the category 1-4... bad luck then mate @loubeany : "Just one question - were you out of your trial period with the company ?" He worked for 2 years there...if he still is on trial its against the law. Link to comment Share on other sites More sharing options...
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