457 to 175 - Anyone heard of this?

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Old May 27th 2009, 10:06 am
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Default 457 to 175 - Anyone heard of this?

My husband is on a 457 and has been told by his employer that he will be sponsored for permanent residency after 2 years service. As you know, with the 457 you miss out on so many thing, including security, so we decided to look into applying for the 175. We told the employer and they said that was fine, but he had signed a 3 year contract and that they look to reclaim loses should he leave before then - he likes his job so wouldn't.

Anyway, we contacted again, just to go over everything before submitting. This time they have said that if he is granted a 175 visa his contact will be null and void as it rests on the 457, and he will be out of a job.

Is this a common thing with 457 visas? I can understand the first response, and that is understandable as they have paid to sponsor him to get in on a 457, but the second response, which TOTALLY contradicts the first seems rather strange!

Thanks

Kareena
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Old May 27th 2009, 10:20 am
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Default Re: 457 to 175 - Anyone heard of this?

Hi Kareena,

Im shocked by this, as when we looked into this I was told the opposite.
We were told our job was fine. However this was 2 years ago and things can change.

I will pm you.

Gems
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Old May 27th 2009, 10:50 am
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Default Re: 457 to 175 - Anyone heard of this?

Ps, Its quite common for expats to decide they dont want to wait the 2yrs. Therefore they usually apply for their own PR visa. I checked this out prior to arriving in OZ.
Id seek advice from immigration agent eg gomatilda.

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Old May 27th 2009, 11:02 am
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Default Re: 457 to 175 - Anyone heard of this?

Originally Posted by kar-kier
My husband is on a 457 and has been told by his employer that he will be sponsored for permanent residency after 2 years service. As you know, with the 457 you miss out on so many thing, including security, so we decided to look into applying for the 175. We told the employer and they said that was fine, but he had signed a 3 year contract and that they look to reclaim loses should he leave before then - he likes his job so wouldn't.

Anyway, we contacted again, just to go over everything before submitting. This time they have said that if he is granted a 175 visa his contact will be null and void as it rests on the 457, and he will be out of a job.

Is this a common thing with 457 visas? I can understand the first response, and that is understandable as they have paid to sponsor him to get in on a 457, but the second response, which TOTALLY contradicts the first seems rather strange!

Thanks

Kareena
this is shocking behaviour from ur employer. If he is fired on the ground that he got 175 visas that may amount to discrimination which is illegal.

Australian employers cant discriminate against somebody for whatever they do in their private life.
i can understand the employer may feel that the employee may leave them after he is independent on own PR visa but to threaten to fire staff on this basis is totally over the line.
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Old May 27th 2009, 11:34 am
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Default Re: 457 to 175 - Anyone heard of this?

Originally Posted by kar-kier
My husband is on a 457 and has been told by his employer that he will be sponsored for permanent residency after 2 years service. As you know, with the 457 you miss out on so many thing, including security, so we decided to look into applying for the 175. We told the employer and they said that was fine, but he had signed a 3 year contract and that they look to reclaim loses should he leave before then - he likes his job so wouldn't.

Anyway, we contacted again, just to go over everything before submitting. This time they have said that if he is granted a 175 visa his contact will be null and void as it rests on the 457, and he will be out of a job.

Is this a common thing with 457 visas? I can understand the first response, and that is understandable as they have paid to sponsor him to get in on a 457, but the second response, which TOTALLY contradicts the first seems rather strange!

Thanks

Kareena
Hi Kareena,

There are a couple of major Indian IT contractors who do this - apparently no-one has successfully challenged them in the courts - but your best option would be to talk to a reliable recruitment agency and certainly the current end user of his skills to assess the risk since generally those contractors do seem to pay their employees as little as possible.

Cheers,

George Lombard
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Old May 27th 2009, 12:05 pm
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Default Re: 457 to 175 - Anyone heard of this?

Originally Posted by George Lombard
Hi Kareena,

There are a couple of major Indian IT contractors who do this - apparently no-one has successfully challenged them in the courts - but your best option would be to talk to a reliable recruitment agency and certainly the current end user of his skills to assess the risk since generally those contractors do seem to pay their employees as little as possible.

Cheers,

George Lombard
Shall I point out just now that it is the Western Australia Department of Education!!!
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Old May 27th 2009, 12:13 pm
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Default Re: 457 to 175 - Anyone heard of this?

Originally Posted by kar-kier
Shall I point out just now that it is the Western Australia Department of Education!!!
Hi Karkier,

In which case I reckon you'd need to get them to go up the hierarchy as it doesn't make good administrative sense unless they're used to the power to hire and fire 457 holders at will. But this in fact is exactly what the union movement has been campaigning on and in this light you ought to give the union a call.

Cheers,

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Old May 27th 2009, 12:26 pm
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Default Re: 457 to 175 - Anyone heard of this?

Originally Posted by George Lombard
Hi Karkier,

In which case I reckon you'd need to get them to go up the hierarchy as it doesn't make good administrative sense unless they're used to the power to hire and fire 457 holders at will. But this in fact is exactly what the union movement has been campaigning on and in this light you ought to give the union a call.

Cheers,

George Lombard
Thanks for that!

Think further exploration of the signed contract needs to be looked at!

Kareena
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