Mandyisere

Does anyone know what would happen to your employer sponsered visa if you got fired?
I'm sure i read somewhere that if they terminate your employment
as long as you have tried to remain employed for the length of the visa they don't force you to leave the country.
I have been at loggerheads with my employer for 6 months and things don't seem to be getting any better.
Thanks Mandy

queenie

I resigned on an employer sponsored visa once (in a different country) and the visa was still valid until printed expiry date.
This information may not help you much I know.

Queenie

Mandyisere

Thanks for the reply Queenie, I thought you had 28 days to leave the country if you resigned but i'd be happy to stand corrected.
Mandy

yvsie

i think youre right mandy...28 days unless you find another sponsor.....
having said that, we met someone when we first arrived who had been fired by her sponsor and she hadnt left the country...dunno why..i think she was applying for permenant residency on shore....but dont flame me everyone cos my memory aint the best!

andrew63

Mandy
I am about to go over on 457 and have looked into that very scenario.
As far as I can see, the employer who sponsored you had to prove to the govt that you were very necessary for the job, no ozzie person could do it, etc etc. For them to sack you they would have to have a VERY good reason. It would put their business under intense scrutiny from the govt and it is highly likely that they would not be allowed to sponsor again.
Ozzie employers and sponosred migrants are considered as a "marraige made in hell" for that reason. Seperation is very difficult! I met a few potential sponsors who ended up in the past with staff that were absoultely useless but they could not sack them for fear of retribution from the govt etc.
Hope that helps! It is my understanding of the situation.

Andrew

JAJ

Situations like this are common, but are more complex in visa terms than you think. I strongly suggest hiring an experienced migration agent to advise you on the consequences (you may need to leave the country within 28 days of termination, or find a new sponsor) and future visa options in the full light of your circumstances.

Migration agents in Australia regularly see 457 visa holders in a problematic visa situation because their employment is about to come to an end. It's for that reason I advise people to strongly consider the option of getting PR *before* leaving the UK, if that's at all possible.

Jeremy

Mandyisere

Thanks for the replies. I am in the process of applying for my permanent visa but with a 3-6 month wait.
I basically accused my boss of victimisation to his boss but the talks on how and why i felt that to be the case rapidly turned into them nitpicking my work and faulting every I that wasn't dotted or T crossed!!!!
Now i can't concentrate on my work and spend my days off worrying about going back.
If anyone has any solutions i'd be very grateful.
Thanks
Mandy

JAJ

You are not going to find any solution on an online forum. What you need is professional advice - from an employment lawyer to know where exactly you stand in that area, and from a migration agent who can explain the situation you're in under the immigration laws.

The sort of situation you are in is too complex to handle it yourself - get professional assistance.

Jeremy

Dolphingirl

The work condition on your visa does not allow you to change employer or occupation without prior authority from the Department. The prospective employer will be required to be an approved sponsor and the new position must be skilled.

If you are considering changing, or have already changed employer or occupation without permission, you should contact immigration immediately to discuss the matter.


If your employment with your original employer has finished earlier than the validity of your visa, you should make arrangements to leave Australia without delay.

If you wish to continue to work in Australia, and you have another employer prepared to sponsor you, you should lodge a new application immediately.

If no offer of employment is forthcoming or the prospective employer is not approved as a sponsor, your visa may be cancelled and you may be required to leave Australia immediately.

You may not start work for a new employer until you have received written authority from the department allowing you to do so.

If he has grounds to fire you, you may also find it difficult for someone to take you on as they will ask for a reference from him. I would bite your tongue until you sort out your situation in another way. The other thing is if he does have grounds, the immigration dept may not grant you another temp visa. He won't fire you unless he has good reason, otherwise it will come back on him under the employment law, but there again he may have some mates in the immigration dept. Don't rule it out.