dunesurfer Posted February 8, 2012 Share Posted February 8, 2012 Hi All, Any advise or ideas would be appreciated. I am in a dead-end at the moment. In a nutshell. I got sponsored nearly a year ago on a 457 and got made redundant just before Xmas. I am in IT and finding a role inside ACT is near impossible as it is government and you need citizenship to get security clearance. No luck in other places outside of ACT yet. I had two offers in Canberra, and while telling them in the interview about my work status (Not a problem i was told then), I was only later told at the last minute, on the day I started, they cannot sponsor me anymore. Not sure if this was probably a misunderstanding on what a 457 work permit is. Time and money wasted for nothing. Anyway. Spilt milk. My other option is/was looking at the 176 but I am told my recent MBA will not count as points for the position of a "Hardware Engineer" and I will have to make up on the IELTS points. This is what the migrant agent said: "That would not be considered 'related', therefore you would not receive any points for your qualifications. This means you would be required to score 8.0 in each of the 4 sections of an IELTS test - you would then score 20 points for English. In relation to processing time - TRA is taking 60 working days (approximately 3 months). Once this application has been returned, you can lodge the State Sponsorship application and Visa application. The current processing time for this type of visa application is approximately 12 months." I can try the IELTS to get 20 points as said above by agent, as I get enough point everywhere and have family willing to sponsor. Not sure if I'll get 20 points but what the heck. The worry is according to the agent is that the 176 will take 3 months from lodging, to a year before being approved.I am in Australia on the 457 (havent got a letter yet from immigration to give reasons to stay long - bridging visa) so how can they expect me to just leave everything and go where? Do what for a year? How does the Australian government think? We came over selling everything. Set up house. Now we got to give up our home. Put our furniture where at what coat? for a year?? To what job, living with who?? The closest, cheapest place to go to is New Zealand, but for a year?? I feel sorry for people that need to go back to Britain or other places. It’s not if Australia is smack in the middle of the world. It takes a considerable effort to get here, and even more so for those not in a great financial position, or family network in Australia, or the country they came from. All this moving back and forth cost money, setting up home as an immigrant, and getting on your feet, is very expensive. Times Two. Taking I was made redundant it's not like we have money growing on Eucalyptus trees to just do this move, to just come back again and try to build up from scratch all over again. We are really at a dead end and I cannot tell you the frustration and feelings we have regarding this whole issue, taking the trouble we had to get here in the first place, just to be used, and spit out like a hot potato because the company basically just needed someone to do their dirty work for 6 months. It's a very "Australian" thing to make people redundant before Xmas. I think it's a sign of no integrity. Some call it "business". No wonder our society around the world is in tatters with moral fibre going downhill. End of Bitch session. Thanks for listening :-) So I would appreciate some ideas on what we can try. If my wife goes for a student visa how will that effect me workwise? Can I work for anyone? In ACT companies do not want to take up unless you are PR and being a spouse of a student don’t give you PR. Link to comment Share on other sites More sharing options...
RockDr Posted February 8, 2012 Share Posted February 8, 2012 Would your wife be an undergraduate or a post-graduate? this would greatly affect your work conditions. Link to comment Share on other sites More sharing options...
dunesurfer Posted February 8, 2012 Author Share Posted February 8, 2012 Hi RockDr - She's only got a 2 year Hotel and Restaurant International Services diploma. Link to comment Share on other sites More sharing options...
RockDr Posted February 8, 2012 Share Posted February 8, 2012 In that case I'm pretty sure both of you can only work 20hrs a week during term time. It's only on the postgrad student visas that the partner can work full time. Link to comment Share on other sites More sharing options...
dunesurfer Posted February 8, 2012 Author Share Posted February 8, 2012 Thank you. Don't seem I have many options. Link to comment Share on other sites More sharing options...
Joebloggs Posted February 8, 2012 Share Posted February 8, 2012 Is the Employer (the one that made you redundant) not responsible for your removal from Australia? I thought they would have to foot the bill for your flights home. Doesn't help you stay but at least you don't have to worry about paying for the flights. Link to comment Share on other sites More sharing options...
Guest SupportPants Posted February 8, 2012 Share Posted February 8, 2012 Your wife would have to pay international student fees and both could only work 20 hours a week. Sorry it's happened to you - I had a similar thing back in 2008 when my sponsor company moved to Singapore. We stayed on a year tourist visa and then I went to uni for a year. It's very costly now however as you know. 8 at IELTS isn't hard to get - try the state sponsorship option. I was sponsored by Qld as a teacher (no chance of finding a teacher job of course) but as a means to an end (PR) we've almost done it. Link to comment Share on other sites More sharing options...
Quoll Posted February 8, 2012 Share Posted February 8, 2012 Sorry to hear that things panned out that way - sadly, when you signed up for the 457 you must have known that you would have 28 days to leave the country should it all go pear shaped - that's a huge risk when you move a family over! Also, if you are staying in ACT and you have kids and your wife goes down the student route (and apart from being able to work only 20 hours a week) your kids (if you have any) are going to cost you mega buck$ in school fees ($10k pa) I think ACT have behaved very badly towards ICT personnel TBH, yes, they can put it on their list of desired occupations but they know damned well that most positions require citizenship so why on earth entice new migrants with a promise that cannot eventuate?! Sorry about your situation and hope that your ex employer comes good with your repatriation costs at least! Link to comment Share on other sites More sharing options...
dunesurfer Posted February 8, 2012 Author Share Posted February 8, 2012 Thank you all. My ex employer will have to foot my bill back. Funnily enough when they were back at work the director called me and said...you do realise your 28 days are now nearly there and we will only foot the bill in the 28 days. I just said I know my 28 days are over but i am still waiting to hear back from employers as everyone was closed over christmas. (I knew they were taking a chance and actually forcing me to leave, so they don't have to pay any fees, but they didnt have a say as I read the employer responsibilities. I informed immigration when i was made redundant and they said they will get in touch which they didn't so far. I would assume they will also be responsible for my spouse's ticket? If that's the case me an my spouse will be off to two different countries probably to see each other next time we got enough money together. I can try the State Sponsorship, 176, but does it really take 12 months to be out the country? Link to comment Share on other sites More sharing options...
lebourvellec Posted February 8, 2012 Share Posted February 8, 2012 Maybe you should speak to another agent as applicants may be able to claim points for a qualification that is unrealted to there nominated occupation. http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-test.pdf For the 176SS, applicants are getting a CO within 4 weeks of lodging application. But you will require to have your skills assessment and IELTS and SS before applying, which can take time. You only need to be out of Australia when your visa is granted - when you visa is about to be granted if your CO knows that you are in Australia, they will sent you a pre-grant letter, you need to inform them of your travel plans, your visa will be granted then once you arrive back in Australia will be validated. You will need to get your application lodgent before the 1 Jul 2012 changes. Also you will need to get a alternitve visa arranged - student or other sponsorship so you are legally in Australia until you can get your visa processed. Link to comment Share on other sites More sharing options...
dunesurfer Posted February 8, 2012 Author Share Posted February 8, 2012 Thank you Lebourvellec. That is very helpful. Also thank you to everyone else. Having options is a very positive feeling :-) I originally lodged a skills assessment from abroad for an ICT Business Analyst, but did not get it. (Through this agent) However I got offered this job, from which I got made redundant, as a "Hardware Engineer". When I told him I wanted to apply for the 176 he never told me to do another skills assessment. (Using the "Hardware Engineer" for the 176) So I wonder did the people that assessed my skills automatically associated my skills to a Hardware Engineer, for me to get that job? Can I ask him to give me anything as proof, if i want to use another agent? I don't want to pay again and go through all the paperwork if it was done already. Any idea how this work or what I should ask for? Obviously he wants me to work through him. Link to comment Share on other sites More sharing options...
Guest jscott1922 Posted February 8, 2012 Share Posted February 8, 2012 your story is heartbreaking ,i wish you all the look in the world. Link to comment Share on other sites More sharing options...
dunesurfer Posted February 9, 2012 Author Share Posted February 9, 2012 Thank you for the sympathy Jscott1922. Well no point sitting in ashes. Got to keep trying. Anyone know of good agents not asking a small mortgage for a 176? The only way we would be able to pay it anyway would be with a monthly option. So far I have a quote of $6500 and 50% needs to be paid. $3250 cash from where? We use our money for rent etc. so don't have lumps of cash in the situation we're in and we don't come from a country with $$$ and ££££'s. Geez. It's frustrating. Only option is getting someone to take over my 457, and using the money we have to relocate. Link to comment Share on other sites More sharing options...
Raul Senise Posted February 9, 2012 Share Posted February 9, 2012 Thank you Lebourvellec. That is very helpful. Also thank you to everyone else. Having options is a very positive feeling :-) I originally lodged a skills assessment from abroad for an ICT Business Analyst, but did not get it. (Through this agent) However I got offered this job, from which I got made redundant, as a "Hardware Engineer". When I told him I wanted to apply for the 176 he never told me to do another skills assessment. (Using the "Hardware Engineer" for the 176) So I wonder did the people that assessed my skills automatically associated my skills to a Hardware Engineer, for me to get that job? Can I ask him to give me anything as proof, if i want to use another agent? I don't want to pay again and go through all the paperwork if it was done already. Any idea how this work or what I should ask for? Obviously he wants me to work through him. I believe that you will find that you do not have a positive skills assessment in any occupation. It sounds like your skills assessment as an ICT Business Analyst was refused by the ACS. You were then sponsored for a 457 and the occupation of Hardware Engineer was deemed the most appropriate for the position you were offered. A skills assessment is not required for the 457 visa and as such I believe it is unlikely that skills assessment as a Hardware Engineer would even have been lodged. You should ask you agent for an itemised summary of the services provided to you. Link to comment Share on other sites More sharing options...
wrussell Posted February 10, 2012 Share Posted February 10, 2012 I second that. I have not read the thread closely, but: If you were represented by a registered migration agent, a detailed costs agreement should have been provided before work was commenced and a final statement of account within 28 days of the last action on your case, otherwise you are entitled to claim a full refund of professional fees paid, regardless of the work done, or the success of it. It is not as a rule a good idea to rely entirely advice from an agent who is being paid by a prospective employer, some of them know which side their bread is buttered on and forget who their client is. May I suggest that you might want to take professional legal advice about the terms of your employment contract and the termination thereof? I advise that you should certainly consult a registered migration agent for an assessment of your possible visa strategies. All the registered migration agents who post regularly on this forum are OK. Link to comment Share on other sites More sharing options...
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