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proverbialpaul

Employer recovering money for 457 visa costs. Advice please!

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Hi guys

 

What would you guys do if your employer wanted you to stay employed with them and sponsor you via a 457 but are making you pay the fees for an agent to process the visa for you?

 

And I mean here, I'm not even getting the choice to do it myself online. Which would cost $385

 

The agent is charging £3000! And I'm being expected to pay.

 

Advice please. Feel in a very vunerable position.

 

Thanks

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Why are they insisting that and agent does it? do you expect additional complexities with your application? I did my 457 myself online and it's fairly basic information you need to put in, don't know why it would need an agent to do it.

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Why are they insisting that and agent does it? do you expect additional complexities with your application? I did my 457 myself online and it's fairly basic information you need to put in, don't know why it would need an agent to do it.

 

Agreed. Talk to them about the possibility of not using an agent.

 

And let us know what happens


TRA 2.12.2011/30.3.2012, IELTS 10.3.2012 8+s across the board, WA SS 4.4.2012/27.4.2012, PCs Jan 2012, Medical April 2012, Frontloaded 176 30.4.2012, CO 5.5.2012, Pre grant 10.5.2012, Validated 1st June!

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I'd refuse to fork out for an agent, the application's a doddle. If I can do it (and I did), anyone can! Might be different for PR visas, especially in complex cases, but nah, no need!


She'll be right!

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I've already spoken to him about doing it myself. He agreed until I asked him for their sponsorship agreement number a couple of days ago. Then I think he thought I'd be coming back to him needing info all the time. Which I wont. But you cant tell him. He pulled rank on me today and said I'm not allowed. Full stop. Reeled off a load of guff about not wanting to expose the company to security risks and liabilities and fraudulent activities.......I couldn't believe my ears. Just shows how little he knows about the whole process.

 

I went to see the HR manager about it. We scheduled a meeting but she phoned him in between our chat and the meeting and he went MENTAL, phoned my workshop controller who "advised" me "as a friend" that if I dont "wind my neck in" the boss was going to come down and march me out the door. So I never even got my meeting. I really dont understand the issue here. I think it might be fear on his side. He's only ever used this agent and thinks it gives him security although it makes no difference. But again, you cant tell him. He doesn't even understand that by doing what he's doing and charging me for the migration agent costs, that he's actually breaking the law and is in line for a £33k fine if they find out he's breaking his employers obligations agreement.

 

My case is not complicated. I'm here on a 417 visa transfering myself and my fiancee (arrives next Wed) onto a 457. That's it. All evidence and documents are ready. Just waiting for her to get here.

 

Urgh......depressed. So what shall I do? Feel like I'm in a really sticky situation. But I'm really angry he's bullying me to do it like this and then expecting me to pay!

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Of course its fear on his side. I've been there and still am to some extent. As long as your a temp resident they have you by the goolies a lot of the time.

 

Can you go to his boss? maybe leave the dust to settle for a while before you re-approach the situation.

 

IMO you may end up having to just pay it. Or take advantage of the agent and go for a permanent visa. Good luck whatever happens.


TRA 2.12.2011/30.3.2012, IELTS 10.3.2012 8+s across the board, WA SS 4.4.2012/27.4.2012, PCs Jan 2012, Medical April 2012, Frontloaded 176 30.4.2012, CO 5.5.2012, Pre grant 10.5.2012, Validated 1st June!

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Guest SamP

I'd try and sit him down and have an adult conversation about it, he's acting like a child.

 

It's a horrid situation to be in though, if you weren't tied to them I'd just tell them to stick it. You can't expect someone to spend that much money needlessly and not expect resistance and to effectively threaten to fire them over it would land them straight in an employment tribunal in the UK.

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I'm sorry but if they are making threats to march you out of the door, do you really want to work for them! What if you fork out the 3000gbp then they march you out, sorry but I'd be considering your options. :hug:


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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I'm with M2M, do you really want someone who treats you that way to be your sponsor for a 457? If he pulls the plug on it, my understanding is you'd have 28 days to find a new sponsor or get out!

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Guys, I've thought the same, believe me! lol! But.......I read, once the sponsorship is approved, I can find another job in the same occupation as the one I'm doing now and all I would need to do to change is to get my new employer to "nominate" me. That's easily done via the immi website and is only $80. Then the original 457 can continue. So do I bend over and take it (with lube) just now and get it approved, also meaning my fiancee could work or do I go through the whole process of doing a probationary period again meaning she cant work and I've got to support us both on my wage etc etc etc. I think the latter makes sense. I can look at my situation again in a month or two. He said he wants half the money up front then $200 a week out of my wages so gives me some breathing space. Still....... :o(

 

Thanks for your advice peeps

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ooft mate, you are well and truly taking it! I see your dilemma though, if it's a means to an end, you're not going to resent it forever you think it's the right thing then go for it, personally i'd think i was being right royally shafted and wouldn't do it!

 

good luck and hope it all works put for you buddy!

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Your right, I will resent it forever. I'm SO bitter about it right now! But I'll get over it. Means to an end, means to an end, means to an end............And repeat.

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is there any scope in you sitting with him and doing the application together online in the office on his computer, maybe this will make him feel like he's still in control of his 'security' and you can promise to shut your eyes when he keys in the details?

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No. Not a chance in hell. Not for a mere mortal like me. His time is FAR too valuable to be spent doing that for one of his minions. It's pointless anyway, he doesn't understand how controlled the process is and would be annoyed at how easy it was and pointless his objections to it were. He'll NEVER back down now. And I swear, if one more thing crops up about this visa, he'll "march me out the door" anyway so......pointless. Cheers anyway guys. Nice venting about it! lol

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Guest Jamie Smith

Tricky for you, but remember what you have now is an actual sponsor as against maybe finding a different one later. Focus on what you have and what you want, not what you think you should have or how you think it should be done. Save that for later.

 

Remember, he is giving you something that other people would die to get - and have died on flimsy boats run by people smugglers - being sponsorship for a job and visa. You don't know how lucky you are.

 

Some workers pay around $20,000 cash to crooked Australian employers who sell sponsorship nominations.... and other applicants will work for free for one year and live in squalor to get remaining three years pay to take home to their family.

 

You are as yet a relative outsider and not yet proven yourself as an indispensible team member. "Easy come easy go" summarises your current position in the employers head, until you prove your worth.

 

As an employer he would be disclosing certain business info to DIAC including pay rates, profitability and other things, and that stuff is his part of a three part jigsaw for a 457. There is no reason he should trust you with that info yet.

 

Going to the HR manager would be a clear signal you thought you thought you knew better and wanted him bent to your way of thinking, making him think you want to run a part of his business - as a newbie. You might be right but that won't help you if you're out the door.

 

Shurrup and keep yer head down until you get what you want.

 

Use your noggin. Record his deductions and ping him later once 457 visa is all sorted and other sponsor or ENS is arranged:wink:

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Guest Jamie Smith
...he doesn't understand how controlled the process is and would be annoyed at how easy it was and pointless his objections to it were.
Actually he might. He might have had other self applicants crash and burn just when he needed to hire them. He might have already figured out the peace of mind and possible security of recruitment process in getting a pro to do it.

 

He'll NEVER back down now. And I swear, if one more thing crops up about this visa, he'll "march me out the door" anyway so......pointless. Cheers anyway guys. Nice venting about it! lol
well you did help manoeuvre him there....

 

Just let him know what the conditions are like in your home country and what the chance to live in Aussie means to you, and apologise for appearing to be so desperate to leave your home country.

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Hi guys

 

What would you guys do if your employer wanted you to stay employed with them and sponsor you via a 457 but are making you pay the fees for an agent to process the visa for you?

 

And I mean here, I'm not even getting the choice to do it myself online. Which would cost $385

 

The agent is charging £3000! And I'm being expected to pay.

 

Advice please. Feel in a very vunerable position.

 

Thanks

 

 

This is a difficult situation for you and I can understand your feeling of vulnerability.

The fact that you have stated that you can apply yourself for $385 indicates that, it is not just a 457 visa application, but a 457 nomination and visa application.

With this in mind consider the following:

· The 457 nomination application is for the position. As this is for the business they can not make you pay for this cost;

 

· I can understand them not wanting you to do the 457 nomination application as:

 

1. this can be a difficult application;

2. they will most likely have to provide salary details of their Australian staff to satisfy market rate requirements. This can include contracts and payslips, which is not something they would give to a staff member;

 

· They can not force you to use their agent for the subclass 457 visa application.

Many sponsors will encourage you to use their agent for the visa however, because if you make a mistake on the application and the visa is refused, they would have spent much time and money needlessly.

 

Good luck.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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