Interesting 457 visa information

tomaussie

I'll try and be brief. I'm trying to get some information for a friend here in Sydney but this information (if true) may be very beneficial to all.

Ok. He got offered a 457 visa and a job last year so he accepted and relocated from Ireland.

The job is NOT as outlined to him originally. Workload, constant pressure, very very long hours, unrealistic expectations, verbal abuse that is beyond bullying in my opinion (from what he has told me).

Now, I 've asked around and this is what I've been told. Is it true ? -

If an Australian employer brings somebody in on a 457 and sacks them within a year then they are punished financially. They also have to pay the employee 3 months wages as part of the termination and the employee get 6 months to find a new job rather than the 3 months usually outlined.

Is there any truth to the bolded part ? Anybody else have this kind of experience or know of anybody who has ?

mandrake04

They get what they are entitled under fair work Australia same as anyone else, plus the employer is obligated to pay for them to be removed from the country.

There's no special conditions for 457 workers to be paid anything more unless it's part of a employers contract to payout above entitlement.

The only lawful difference in terms of termination/Redunancy is that in cases of redundancy a 457 worker is not entitled to any advance guarantee of pay/Entitlments under the FEG which is a government guarantee to ensure Citizens and PRs do lose out if an employer folds. 457 workers are not entitled to it.


The employee has 90 days to find a new sponsor or new visa option or leave the country, that's the law no such 6 months special condition LOL

Apart from the employer having to pay for flights there is no financial penalty unless the employer has been prosecuted for abusing their sponsorship conditions in which they would be fined.

tomaussie

mandrake04 wrote: »

They get what they are entitled under fair work Australia same as anyone else, plus the employer is obligated to pay for them to be removed from the country.

There's no special conditions for 457 workers to be paid anything more unless it's part of a employers contract to payout above entitlement.

The only lawful difference in terms of termination/Redunancy is that in cases of redundancy a 457 worker is not entitled to any advance guarantee of pay/Entitlments under the FEG which is a government guarantee to ensure Citizens and PRs do lose out if an employer folds. 457 workers are not entitled to it.


The employee has 90 days to find a new sponsor or new visa option or leave the country, that's the law no such 6 months special condition LOL

Apart from the employer having to pay for flights there is no financial penalty unless the employer has been prosecuted for abusing their sponsorship conditions in which they would be fined.

Why is that funny ?

I spoke to a girl just a few days ago that had 180 days to find a new job after her employment was terminated.

catbear

tomaussie wrote: »

Why is that funny ?

I spoke to a girl just a few days ago that had 180 days to find a new job after her employment was terminated.

It's funny because no where on the IMMI website does it state 180 days, instead it states clearly:

If you stop working for your sponsor, you must do one of the following within 90 days:

find another employer to sponsor you (they need to lodge a nomination)
apply for a different visa
make arrangements to leave Australia.

See here for clarification.

Read on for more information regarding work legislation and complaint procedures. Any extension beyond the state 90 days could only happen with direct consultation with IMMI, people have been allowed to stay beyond their visa to provide evidence in court cases etc.

mandrake04

tomaussie wrote: »

Why is that funny ?

I spoke to a girl just a few days ago that had 180 days to find a new job after her employment was terminated.

Its funny because you posted this

tomaussie wrote: »

If an Australian employer brings somebody in on a 457 and sacks them within a year then they are punished financially. They also have to pay the employee 3 months wages as part of the termination and the employee get 6 months to find a new job rather than the 3 months usually outlined.

If you cant see the joke read it again yourself.

then Read these

http://www.immi.gov.au/allforms/pdf/books9.pdf
http://www.comlaw.gov.au/Details/F2014C00847/Html/Volume_6#_Toc389485586

The 90 day rule is set out in condition 8107 (3b) once you have ceased work for over 90 days the visa is cancelled as its a condition of the visa.

I think either your friend is not telling you the full story, its possible she or her employer never notified immigration that she was no longer employed and had been job seeking (illegally) for 3 months.

As for get 3 months pay for being sacked, where does it say that in booklet 9?

mandrake04

catbear wrote: »

Read on for more information regarding work legislation and complaint procedures. Any extension beyond the state 90 days could only happen with direct consultation with IMMI,

Technically if you cease work for 90 days its a breach of 8107, at which point immigration will give a notice of intention to cancel your visa. You have 28 days to respond and if you don't respond you visa can be cancelled.

However if you had a job interview during the 28 days and it was pending you could respond that you are awaiting the outcome of the interview and the Officer could confirm with the potential employer on what date a decision is likely to be made and give the applicant a final date to leave.

I know of this happening to someone they managed to get a week past the 28 days, he didn't get the job and had to leave on the date otherwise he would have had a 3 year exclusion.

If you stop working for your sponsor, you must do one of the following within 90 days:

find another employer to sponsor you (they need to lodge a nomination)
apply for a different visa
make arrangements to leave Australia.

This is in the 457 holder obligations, it couldn't be made any clearer for the simple reason that there is no excuse for pub talk confusion.

catbear wrote: »

people have been allowed to stay beyond their visa to provide evidence in court cases etc.

theres such a thing as a justice visa.

AnthonyCronin1

"The only lawful difference in terms of termination/Redunancy is that in cases of redundancy a 457 worker is not entitled to any advance guarantee of pay/Entitlments under the FEG which is a government guarantee to ensure Citizens and PRs do lose out if an employer folds. 457 workers are not entitled to it."

I'm in a similar situation, company gone in liquidation, PR in the middle of processing, owed a lot of money.

Had a meeting with an Employment Lawyer - said I am definitely entitled to it.

I've read on the IrishPeopleLivingInAustralia Facebook page that someone get it paid to him after he got PR.

Does anyone have experience in this?

Immigration Lawyers want hundreds of dollars for a consultation - it would be great if someone out there had experience in this.

mandrake04

AnthonyCronin1 wrote: »

"The only lawful difference in terms of termination/Redunancy is that in cases of redundancy a 457 worker is not entitled to any advance guarantee of pay/Entitlments under the FEG which is a government guarantee to ensure Citizens and PRs do lose out if an employer folds. 457 workers are not entitled to it."

I'm in a similar situation, company gone in liquidation, PR in the middle of processing, owed a lot of money.

Had a meeting with an Employment Lawyer - said I am definitely entitled to it.

You are entitled to redundancy, but FEG is federal money guaranteeing that workers do not lose entitlements. It's an advance to you by the government until the mess is sorted (if it's sorted).

But as the law stands

Division 1—Conditions of eligibility for advance
Subdivision A—Basic conditions of eligibility
10 Conditions of eligibility for advance
General conditions
(1) A person is eligible for an advance if the Secretary is satisfied of all of the following:
(a) the person’s employment by a particular employer has ended;
(b) after the commencement of this section, an insolvency event happened to the employer;
(c) the end of the employment:
(i) was due to the insolvency of the employer; or
(ii) occurred less than 6 months before the appointment of an insolvency practitioner for the employer; or
(iii) occurred on or after the appointment of an insolvency practitioner for the employer;
(d) the person is (or would, apart from the discharge of the bankruptcy of the employer, be) owed one or more debts wholly or partly attributable to all or part of one or more employment entitlements;
(e) the person has taken steps, so far as reasonable, to prove those debts in the winding up or bankruptcy of the employer;
(f) if the person was owed any of those debts before the insolvency event happened, the person took reasonable steps before that event to be paid those debts;
(g) when the employment ended, the person was an Australian citizen or, under the Migration Act 1958, the holder of a permanent visa or a special category visa;
(h) an effective claim (see section 14) that the person is eligible for the advance has been made to the Secretary by or on behalf of the person.

http://www.comlaw.gov.au/Details/C2012A00159

Maybe you should try another lawyer.

AnthonyCronin1

So if i get PR (i was in the middle of it through the company when they went into liquidation) can i apply at that point and get it?

mandrake04

AnthonyCronin1 wrote: »

So if i get PR (i was in the middle of it through the company when they went into liquidation) can i apply at that point and get it?

I would seek professional advice, and explain that you are on a 457 visa. Maybe are are confused between your entitlements and an guarantee Advance. Two different things

Looking at Comlaw it states you have to be a PR at the time the employment ended. I would seek further advice.

natter85

AnthonyCronin1 wrote: »

So if i get PR (i was in the middle of it through the company when they went into liquidation) can i apply at that point and get it?

Sorry to dig up an old one but do you mind me asking what the eventual outcome of your situation was Anthony or anyone else that has gone through it?

My boyfriend is currently going through the same thing, PR about to be lodged (were just waiting on a skills assessment to come through) when his company went into liquidation. Did you have any luck submitting a FEG claim once you got PR?