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Old Mar 11th 2009 | 4:24 pm
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Default What to do next?

Hi Everyone, Please can anyone give any help, I have lived over here for 3 years. 18 months ago my niece in England died leaving behind her partner and 3 young girls. Her partner and girls moved over to be near us and start a new life. He found a sponsor and has managed for the last year to rent a house and look after the girls with very little money. He has no savings as he spent it all setting up over here and lives from week to week. Unfortunately, like so many it looks like he is about to loose his job and sponsorship due to the recession. He has been told that he will probably be laid off next week. He works as a welder. We are desperately trying to find a new sponsor, there just seems to be nothing about. We are trying everything we can think of to help so just thought someone may know of something going or may have an idea. Sorry but getting a bit desperate. Thanks Les
 
Old Mar 11th 2009 | 4:42 pm
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Default Re: What to do next?

Les you need a specialist to answer ths question. There are people on this forum who can help. I cannot answer it I have just written to show my support and keep your thread at the top of the list so someone who knows what they are talking about can see it and answer you.

Good luck chicken

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Old Mar 11th 2009 | 4:44 pm
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Default Re: What to do next?

Hi Les, thats a really sad story, I presume you have been in touch with immigration? Is it getting work thats the priority or the visa side?
 
Old Mar 11th 2009 | 4:45 pm
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Default Re: What to do next?

Originally Posted by LESLEY77
Hi Everyone, Please can anyone give any help, I have lived over here for 3 years. 18 months ago my niece in England died leaving behind her partner and 3 young girls. Her partner and girls moved over to be near us and start a new life. He found a sponsor and has managed for the last year to rent a house and look after the girls with very little money. He has no savings as he spent it all setting up over here and lives from week to week. Unfortunately, like so many it looks like he is about to loose his job and sponsorship due to the recession. He has been told that he will probably be laid off next week. He works as a welder. We are desperately trying to find a new sponsor, there just seems to be nothing about. We are trying everything we can think of to help so just thought someone may know of something going or may have an idea. Sorry but getting a bit desperate. Thanks Les
you might want to try adding a location les
 
Old Mar 11th 2009 | 7:57 pm
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Default Re: What to do next?

Originally Posted by steve`o
you might want to try adding a location les
Hi All, Sorry, forgot to put location is Perth, Northern suburbs. We have been in touch with an Immigration Agent and all he said was that things did not look good and that his employer would have to pay for return flights. We are going to try and get an appointment with Immigration as soon as we know for definate that he has lost his job to see if there is anything they can advise, in the meantime we are trying to find another sponsor. Thanks for your help.
 
Old Mar 11th 2009 | 8:13 pm
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Default Re: What to do next?

Originally Posted by LESLEY77
Hi All, Sorry, forgot to put location is Perth, Northern suburbs. We have been in touch with an Immigration Agent and all he said was that things did not look good and that his employer would have to pay for return flights. We are going to try and get an appointment with Immigration as soon as we know for definate that he has lost his job to see if there is anything they can advise, in the meantime we are trying to find another sponsor. Thanks for your help.
I had to let go someone I sponsored on a 457. I wasn't obliged to pay their return flights. I gave them I think 3 (maybe 2) months unpaid leave and then they still had another 30 days to find a new sponsor.
 
Old Mar 11th 2009 | 9:28 pm
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Default Re: What to do next?

Originally Posted by ossigeno
I had to let go someone I sponsored on a 457. I wasn't obliged to pay their return flights. I gave them I think 3 (maybe 2) months unpaid leave and then they still had another 30 days to find a new sponsor.
I thought that you, as the employer, were legally obliged to pay for their return flights if their contract has been terminated by you.
 
Old Mar 11th 2009 | 10:18 pm
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Default Re: What to do next?

I cant help...............but just wish you and the family all the best!!
 
Old Mar 11th 2009 | 10:32 pm
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Default Re: What to do next?

Originally Posted by iamthecreaturefromuranus
I thought that you, as the employer, were legally obliged to pay for their return flights if their contract has been terminated by you.
Nope. I just checked my correspondence with a rather reputable immigration expert. We gave the sponsored worker 3 months unpaid leave, informed DIMA 5 days before the end of this that he no longer worked for us. Then he had one more month to find another sponsor, leave or change visa class. His wife did the latter to student visa allowing him to work unrestricted in any employment and the wife up to 20 hours per week.
 
Old Mar 11th 2009 | 11:14 pm
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Default Re: What to do next?

Originally Posted by ossigeno
Nope. I just checked my correspondence with a rather reputable immigration expert. We gave the sponsored worker 3 months unpaid leave, informed DIMA 5 days before the end of this that he no longer worked for us. Then he had one more month to find another sponsor, leave or change visa class. His wife did the latter to student visa allowing him to work unrestricted in any employment and the wife up to 20 hours per week.
Really. Read this. http://www.immi.gov.au/skilled/skill...s-employer.htm

"Employer Obligations
Must be responsible for costs ensure that the cost of return travel for an employee (and accompanying family member/s) is met to return them to their home country
pay all medical or hospital expenses for an employee (and accompanying family member/s) for treatment in a public hospital (other than expenses that are met by health insurance or reciprocal health care arrangements) this undertaking continues until all expenses are paid
repay the Australian Government for money it spends as a result of the employee's stay in Australia these costs may include those relating to locating and detaining the employee (and accompanying family member) if they become unlawful, removing them from Australia and processing any application that they make for a protection visa this undertaking continues until all costs are paid. "
 
Old Mar 11th 2009 | 11:48 pm
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Default Re: What to do next?

Originally Posted by iamthecreaturefromuranus
As I say he changed his visa class within 28 days of termination of employment.

This document is worded slightly differently:

http://www.immi.gov.au/skilled/skill...quirements.pdf

"..You must ensure that your sponsored worker’s return travel costs are met. Your options include meeting the cost yourself or negotiating for your sponsored worker to pay for the travel.."

But yes from this it appears employer potentially liable, wasn't flagged to us. If an employer fully complies with DIAC but a former employee goes awol I don't know what DIAC would charge the employer for.
 

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