paddym

Hey guys,

When negotating a contract of employment on a 457 visa what are the key points to negotiate to make sure my job is as secure as it can possibly be?

phieny

Hi there,

I would like to know the answer to this question too! I am currently job hunting and also have a 457 Visa.....

paddym

Well the job that I am going for provides sponsorship but I am looking for job security

Tramps_mate

Are you put on a probation period? That can be a problem for getting credit on a car etc. Plus they could let you go during that time..

Other than that its the same as any other job, you cant make them keep you.

Also, the 457 is temporary, they may not intend on keeping you for the full 4 years..

Bermudashorts

You are not going to be able to negotiate job security!

Maybe you should think about negotiating the best possible deal if you do lose your job (through no fault of your own), like business class flights home for the whole family and paid shipping.

paddym

Well after 2 years I would be applying for pr anyway so doesn't matter whether they would keep me the full four.

The job I currently hold in the uk is as secure you could possibly imagine. No risk of being let go and if there was there is a long process and a lot of expense and red tape to get through just to be even close to being rid of anybody within my company. I suppose I'm looking for the same security. Even if the contract I had had a minimum term on it.

What's Australian law like in regards to this because anybody I know in the uk can't just be told that they are being let go out of the blue. Surely if that hppened it would be a case for unfair dismissal

iamthecreaturefromuranus

Hmmmm... It doesn't quite work that way on a 457 visa.

If the company decide to get rid of you, then you have almost zero comeback, especially when you consider that you only have 28 days to get out of the country if they terminate your employment.

iamthecreaturefromuranus

Do you qualify for a visa in your own right now? If you do, then you might want to go for that, rather than a 457.

This '2 year' thing seems to have lots of people confused, including employers. If you spend two years on a 457 then your employer can sponsor you for PR, without you having to pass any required skills assesment... and that's about the only thing the '2 years' gives you.
Your employer could apply to have you changed to PR as soon as you arrive... but almost none do, probably because by keeping you on a 457 it means you are tied to the company.

neil248

I don't think job security and Australia go hand in hand.

paddym

Thanks for the response guys. This has made me a little nervous now. I have my second interview on Tuesday morning and I am almost certain I am going to get an offer (fingers crossed). I was sure if I was offered the package I want I would up sticks and go but now I'm not so sure. I need at least 2 years under my belt so I am not giving up a good job here and end up not gaining much more experience.

iamthecreaturefromuranus

The 457 visa works for many, me included, but it is a 'temporary visa' and it does come with the risk, of you being effectively kicked out of the country, if it all goes bad.

Bermudashorts

If you are referring to the persistent myth that after two years on a 457 visa you can apply for a "PR status" type of thing, then know that it is just that, a myth.

If you mean that the employer has agreed to sponsor you for a permanent visa after two years and your job is eligible for permanent employer sponsored visa then fair enough. Although the job would still need to be there with an expectation for a further three years, so you can't say it doesn't matter whether they would keep you on.


Redundancy. It is quite legal.

paddym

I didn't realise that mate. That's what the foul is all about gaining more knowledge from knowledgable people.

The company did say in the first interview they sponsor after 2 years a pr visa. I didn't realise that ther was a further fixed term on that and I didn't realise I could not just apply for it myself after 2 years. Thanks.

I'm not sure what to do now. I will have a list of questions for Tuesday and try and get some piece of mind to hopefully make me more at ease. I will try and find out how many people have been let to in the last five years etc just so I know generally what sort of security I would have. I obviously cant account for future situations but it's a start.

Bermudashorts

To sponsor for the permanent employer sponsored visa, the employer has to have an expectation that the role will be there for another three years and you have to have the expectation that you will remain there for another three years. It is not binding, but a decent employer won't want to fall foul of immigration, so they will not sponsor for this visa if they think the role will only be there for another 12 months say.

There is nothing in particular you can do after two years unilaterally. Of course you could apply for a skilled migrant visa, but you could do that now if you qualify.

neil248

Surely regardless of Jobs, emigrating to Australia means temporarily at least you are giving up security on many different levels.

Jeremy Clarkson said something along the lines of why would anyone with a great job, house, friends etc etc wake up one day and decide to live in an insular country on the other side of the world