I'm really glad I came across this site... I'm pretty stressed about my visa situation at the moment and reading all the great info on here is easing my mind to some extent. I need some advice, though - here's my scenario:

I've been in Australia for the last 7 months on a WHV. I just finished up my 6 months with my employer and decided to come back to Canada for a visit for a few weeks (I was in Asia for 5 months just before going to Aus, so I was missing home a bit). Just before leaving, my employer said that he would be willing to sponsor me on the 457 visa.

The job I will be applying for the 457 for is a position as a restaurant manager in Sydney. I have no professional education, but have over 5 years experience as a restaurant manager and references to back it up.

Here's what I'm stressing about: I only have until August to do the 3 months of seasonal work required to obtain my second year visa, but if I will be getting the 457 I won't have to do it. The only way I will do it is if there's any chance that my 457 visa will be rejected. If there is a chance, I'll have to go fruit picking while my application is getting processed - just incase. The application hasn't even been submitted yet, so even if I get it in now it could be July or August before it gets approved.

The restaurant I was working at has already sponsored two other managers (the owner is desparate for managers and can never find any locally), so I'm wondering, with my 5 years experience, what are the chances that my application will be denied? I really don't want to do the fruit picking if I don't have to, but I desparately don't want to have to leave Aus if my 457 gets denied. Should I be fairly confident that it will be approved?

Any insight/ideas/options/inspiration would be greatly appreciated.

Cheers

Don't stress Dave! You seem pretty clued up about everything and I believe you have answered your own question. There are no guarantees that you will get a 457 visa so you have to edge your bets and do everything possible to remain in Australia. Apply now for the 457 BUT in the meantime I'm afraid you may have to go and pick that fruit just incase it all goes pear shaped . If your Manager is willing to sponsor you and has already done so with 2 employees then I don't think you will have a problem and you may get your 457 within 6 weeks if you're lucky When you receive it, you can leave the fruit picking work - But, I think you already know all this.

Lots of Luck and let us all know how you get on

Yes, I guess I already know... I was just checking to see if anyone had any magical answers for me haha. As I suspected I don't think they exist. Time to get my fruit picking hat on.

Hey Dave - good news, once you lodge your 457 application and your current WHV you will go on a bridging visa which allows you to continue working

I know this from personal experience, 457 lodged 2 days before my WHV expired - all above board

Hey Dave, how did you get on with the visa? I have a mate who wants to move to Oz as a Restaurant Manager but requires sponsorship...

I'm actually STILL waiting. My boss and his immigration laywer turned out to be massive bludgers, and without any solid explanation it took them two months to even submit the applications. Luckily my boss's Business Sponsorship application approved yesterday (still waiting on the Nomination application to approve), and my visa application got submitted today. I'll get back to ya in about 4 weeks!

Your mate will need proof of at least 3 years of restaurant management experience (via reference letters), if he does then there shouldn't be any problems.

Thanks Dave, appreciate your response and your pvt message too.

Cheers

I finally have my 457 and have been on it for nearly two months now. Only problem is, my contract with my employer says I should only be working 38 hours per week on the market salary rate which comes along with the visa, but my employer has me working 45-50 hours per week, and often I will do 12 hours in a day. He says that the market salary rate is higher than what he would pay a restaurant manager, but doesn't the Aussie government think that the rate is acceptable for a restaurant manager working full time?

I'm wondering what options I have to get my hours reduced to what they should be without putting my job in jeopardy? He knows I'm desparate to stay in Australia, and I know that's why he's taking advantage of me, but it isn't worth staying when I have barely any time off between shifts and only have one day off per week. So basically I want to know what my rights are, and how I can go about getting them without being fired. Any help would be very much appreciated.

My contract says 37.5 hours, I work about 50 to 55, because in fact professional people are expected to work whatever hours are required to fulfil the role. I have never known any different in 18 years in the workforce, could it be the same for you now?

Have you looked at the employment standards branch website for the state you're in?

I think, unfortunately, that your plight will have all the anti 457'ers gloating. It seems to me to be all that is bad and wrong wioth the system. Your manager obviously lied when saying they had sponsored twice before, hence having to go through the whole nomination process again. Also, your hours are the MINIMUM for the salary and open to interpretation, like Bermuda said, in a lot of professional salaried jobs you tend to work more than the mininum as a matter of course.
Without knowing all the facts it appears that you have hit on the 5% of bad bosses who abuse the system and use those desperate for sponsorship as slave labour. My advice? Look for another job in the Industry, using your current job as initial reference and widen your location. A good employer will be out there and don't just look at traditional restaurants, think of looking at corporate catering companies who also need experienced people to head up their in house restaurant facilities or external catering functions. The bigger the company the larger their corporate responsibility, the smaller the company the less profit and so lower margins which in turn COULD lead to short cuts in ethical and moral obligations.

Just keep a note of all the hours worked, and a record of anything he has done against the visa terms and conditions. Then point them out to him and ask what he's going to do about it. Get legal representation if it turns nasty. He's in the wrong and is the sort of employer the DIAC are trying to weed out so they'll be very interested to hear about him.

Agree.....but...at the same time...never burn your bridges springs to mind!

Yes, the hours doesn't seem to unusual.
The pay though sounds very dodgy. Does your job have a modern award covering it? That will show exactly what the minimum is he should pay you, for base hours and overtime.
The 457 visa does say he has to pay you a certain level though, and he agreed to that when sponsoring you.
I would look for another job personally.

Yeah fair enough if you get paid for it (I'm not suggesting you do). If you don't get paid for it and you work those extra hours you are being exploited just like the OP. If you are working a "professional day" where you are regularly doing hours in excess of what the contract states then why bother signing a contract for 37.5 hours? Surely under these rules it's just as legitimate to do 20 hours a week when it's a bit slack. I've worked in some places where the culture is such that employees stay for as long as possible just so their boss can see that they are last out of the office. As you can tell I've never really bought into the idea of the professional day.