457 cancelled, 28 days to leave or get new sponsor

kfc1210

Im a contractor and a recruitment company hold my visa 457.

I was made redundant on the 3 January but had a 3 week holiday to Asia planned for the 4th so we left and my company was good enough to say i was on unpaid leave until i came back, 26 January.

I have been talking to recruitment company and they say i was not entitled to unpaid leave unless i came back from holidays and did some work where i was contracted and my date of finishing is 3rd of Jan and thats when 28 days start!! I thought the 28 days would start from when my unpaid leave ended...

Any ideas if this is true as i thought i would have same rights as an Aussie to take unpaid leave if my company was happy to sign off on it??

Will immigration check the dates i entered to verify when i cam e back?

Also were basically a few days from being illegal if what they say is true so will this affect me claiming super and tax back when i leave if i am a few days late as i could never get everything sorted and leave in time?

Do my sponsors pay for flights home, this was not discussed when i took the position?

Does anyone want to buy a couch lol

A lot of questions but thanks in advance,
Cheers.

Batgurl

kfc1210 wrote: »

Im a contractor and a recruitment company hold my visa 457.

I was made redundant on the 3 January but had a 3 week holiday to Asia planned for the 4th so we left and my company was good enough to say i was on unpaid leave until i came back, 26 January.

I have been talking to recruitment company and they say i was not entitled to unpaid leave unless i came back from holidays and did some work where i was contracted and my date of finishing is 3rd of Jan and thats when 28 days start!! I thought the 28 days would start from when my unpaid leave ended...

Any ideas if this is true as i thought i would have same rights as an Aussie to take unpaid leave if my company was happy to sign off on it??

Will immigration check the dates i entered to verify when i cam e back?

Also were basically a few days from being illegal if what they say is true so will this affect me claiming super and tax back when i leave if i am a few days late as i could never get everything sorted and leave in time?

Do my sponsors pay for flights home, this was not discussed when i took the position?

Does anyone want to buy a couch lol

A lot of questions but thanks in advance,
Cheers.

You poor bugger. The best advice I can give is to ring Immigration in the morning and talk it through with them. I know for a fact that even if u do only have a week left, they can extend it for u. Know someone who was given an extra month to find another employer for 457. They were only allowed to do interviews but at least never went illegal.

Now, that said, I also have a friend who was on a 457 who took 3 months unpaid leave and went home for a bit and who was able to resume their 457 then so taking unpaid leave on 457 is defo allowed.

Finally, your sponsor must pay for your flights and any dependents (gf/wife/kids) which are on your visa. That is for certain.

Best of luck with it all. Seriously, if u call immigration and talk to them rationally, I'm sure they will give you some grace period.

Pisco Sour

The recruitment agency sound like a right shower. What difference does it make to them what day your 28 days start? I assume they only pay you for the hours you work as you are a contractor so why the hell do they care when you leave the country.

irishmover

Did you happen to get that leave they gave you in writing as them having no problem with you taking it whilst also being made redundant.

It might be illegal for them to do that if caught but it'll aid your case against them. As was said call immigration and hopefully they'll show a little more compassion. Disgraceful stuff by them.

Naming and shaming probably isn't allowed on here I don't know but maybe a PM if its not to me so I can ensure I avoid them in the future when looking for a job. As I wouldn't want to deal with them if what you're saying is 100% true.

kfc1210

Defo 100% true unfortunately!

Re-reading my post again and when i say my company i mean the company i was contracted to and then the recruitment company being the other

Pisco: Exactly i am only paid for hours i work so i thought it would be fine

Irish: No i did not, i submit time sheets and where i was contracting had no problem with it and there process is then to send time sheets to recruitment company but recruitment company said you need to work when you come back and i had only submitted 3 weeks so they didnt really worry about it as they were assuming i was working when i came back but i ended up not working...

Im waiting for them to speak to their migration agents tomorrow and see what they say.

But one important thing for worst case senario, will it affect me taking super and tax back?!

Cheers.

kfc1210

batgurl: i think what your talking about to take interviews only is a bridging visa d,e or f but im looking into tat more as well, basically you cant work on it

Thanks

eoindoyle_syd

kfc1210 wrote: »

batgurl: i think what your talking about to take interviews only is a bridging visa d,e or f but im looking into tat more as well, basically you cant work on it

Thanks

Been in a similar situation.

You (you or your employer) are meant to notify immigration when you ceased employment. Technically your "28 days" starts then. However that is not 28 days until your visa expires. It is a condition on your visa. You can stay past that 28 days. Immi will contact you with a "notification to cancel your 457 visa" probably after 6-7 weeks after being notified your ceased employment. That generally gives you 2 more weeks (not guaranteed I guess, things change)

Either way keep IMMI informed and you will be fine (legally anyways).

I guess your options are to:

- notify IMMI and wait it out until they give you a new date to leave by
- find a new employer to transfer your 457 (good luck with that one unless they already know you)
- apply for a tourist visa (I did and asked for 4.5months holiday and was approved, you will if you have savings)
- apply for other substantive visa (such as a student visa).

So I went from 457->Tourist->Student->Bridging->Another 457->PR application submitted.

Good luck!

eoindoyle_syd

If you decide to go home, yes you can request the sponsor pay for your (economy) flights.
http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm

The standard business sponsor must pay reasonable and necessary travel costs to enable the sponsored persons to leave Australia if the costs have been requested in writing by the sponsored persons, or the department and the costs have not already been paid by the sponsor in accordance with this obligation.

The costs will be considered reasonable and necessary provided they:

include travel from the skilled worker's usual place of residence in Australia to the place of departure from Australia
include travel from Australia to the country (for which the person holds a passport) specified in the request to pay travel costs; and
are paid within 30 days of receiving the (WRITTEN!) request; and are for economy class air travel or, where unavailable, a reasonable equivalent.

If the nominated person holds a visa, this obligation commences from the time the nomination is approved.

If the nominated person does not hold a visa, this obligation commences from the time the visa granted.

This obligation ceases when another nomination is approved, a further substantive visa is granted or when the visa holder has left Australia and no longer holds the Subclass 457 visa.

mark4747

Hi guys,

Can I just clarify one thing if your not made redundant and just leave your role is the employer still liable to pay for the flights once the 457 expires?

Also do you think after going through this process you would still be eligible to apply for your second 417 if you spent some time at home or in another country? (having done regional work in your first 417)

Cheers

DeclanClune

Pisco Sour wrote: »

The recruitment agency sound like a right shower. What difference does it make to them what day your 28 days start? I assume they only pay you for the hours you work as you are a contractor so why the hell do they care when you leave the country.

Guys, I think the issue tha the recruitment company have is that (I hope I understand the situation correctly) your contract is with the recruitment company not the firm that they outsourced your skills to.

As a result, there are certain obligations that they need to meet and fulfill as your sponsor. They would be anxious to relieve themselves of these burdens as soon as they can so that is why they would argue that you ceased employment at the earlier date.

Sponsorships can be tricky when things start to go bad so be careful and get proper advise from IMMI or a registered agent.

Regards,
Declan Clune

ArseBurger

mark4747 wrote: »

Can I just clarify one thing if your not made redundant and just leave your role is the employer still liable to pay for the flights once the 457 expires?

You leave by your own choice, you pay your own way home.

Legend100

ArseBurger wrote: »

You leave by your own choice, you pay your own way home.

Actually that is not true. Know one or two people who left on their own accord and still claimed the flights. A lot of HR Depts try to ensure in your contract that there is a specific stipulation to avoid it though.

To be honest, I think most people don't even bother asking as it may sour the relationship and any future reference (whether an Irish company would bother following up on an Australian reference is also debatable)

ArseBurger

Legend100 wrote: »

Actually that is not true. Know one or two people who left on their own accord and still claimed the flights. A lot of HR Depts try to ensure in your contract that there is a specific stipulation to avoid it though.

To be honest, I think most people don't even bother asking as it may sour the relationship and any future reference (whether an Irish company would bother following up on an Australian reference is also debatable)

That may be true under their contract or other arrangements/company policies. These are irrelevant and on a individual basis.

Under the 457 Visa rules you are only entitled to your flights back to your home country if you are let go.

Also, you must request it in writing within 28 days of being let go. If you don't the employer doesn't have to do anything. The onus is on the employee to request the flights.

Batgurl

ArseBurger wrote: »

Under the 457 Visa rules you are only entitled to your flights back to your home country if you are let go.

Wrong again.

http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm

A sponsor has an "Obligation to pay travel costs to enable sponsored persons to leave Australia".

Doesn't say anywhere that it only applies if they are let go.

Legend100

Batgurl wrote: »

Wrong again.

http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm

A sponsor has an "Obligation to pay travel costs to enable sponsored persons to leave Australia".

Doesn't say anywhere that it only applies if they are let go.

Exactly as Batgurl outlines above, one of the people I know who claimed the cost of their flight got the employer to confirm it with IMMI - it was the only way they were agreeing to pay

mandrake04

I agree with Batgurl the onus is on the employer to pay for your removal from Australia, it's part of their obligations to ensure anyone they sponsored leaves the country unless they are nominated by another employer (obligation is transferred to new employer) or relieved of their sponsorship obligation by the employee granted another visa like PR.

Immigration just want you out of the country, if no one buys the flights they just deport and charge the employer anyway.

DeclanClune

They can't just fly you to the cheapest available destination though, they need to pay for flights back to the country where you came from or else to your country of origin.