457 visa nightmare please

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Old May 8th 2010, 12:14 am
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Default 457 visa nightmare please

My Mum and Dad (62 end of may) came here on a 457 visa Nov 07 (2 year visa) things were going along fine and the company he worked for extended his visa for another 4 years (take this to mean they are pleased with him??) anyway they are running into a bit of financial trouble and they have told my dad that they want him to do another lesser job (he is a welder/fitter and mechanic but without papers over 40 years exp) they also want him to take a substaintial pay cut - that would leave him under the minimum required as per 457 etc he thinks they are doing it to get rid of him and so he will quit and they wont have to pay his expenses home

Has anyone on here got any advice for him he is very worried etc having just plowed all his money into a house, i cant think of anything he can other than just go back to the UK and tell them to stuff it - we are all very angry at the moment as they came out here to be with all there kids (they are not very wealthy). My dad was hoping to stay here on the 457 until he is 65 his current 457 runs out in Sept 2013 he will just be over 65 then - i feel so sorry for them at the moment they have given up everything for us kids.

Thanks
Lisa
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Old May 8th 2010, 2:58 am
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Default Re: 457 visa nightmare please

I think 457 visa can change employer, if he can find another employer. Why not work for current employer and then at the same time someone else to sponsor? I am not expert, but from reading the forums, I know this can be done.
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Old May 8th 2010, 4:52 am
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Default Re: 457 visa nightmare please

What a very sad situation. As the last poster said it might be possible to transfer the 457 to another employer, however I expect that gets increasingly difficult as one gets older.

What was your dad planning to do once he reached 65? I am not really sure what ultimately they are aiming for?

My understanding of 457 visas is not great but I believe there is a minimum salary and the company is obliged to pay it. They also cannot change the job he was sponsored for at wil. If I were your dad, I would not quit, I would remind them of their obligations. Does he have a decent relationship with the employer? If so, perhaps he could explore the ENS visa with them, then they would not be bound by minimum salaries and your dad gets PR. It is possible that his age would be an obstacle though.

Assuming that staying in Australia is the main objective, then the only other thing I can think of is looking into parent visas. Are you PR / citizens and do you have any other siblings outside Australia?

I m very inclined to think that this is a situation that needs some professional help. You may get some ideas from the forum, but I think that it is too serious to rely upon the forum alone so hope you will get some help.

Good luck.

Last edited by Bermudashorts; May 8th 2010 at 6:38 am.
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Old May 8th 2010, 11:02 pm
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Default Re: 457 visa nightmare please

Originally Posted by Bermudashorts
What a very sad situation. As the last poster said it might be possible to transfer the 457 to another employer, however I expect that gets increasingly difficult as one gets older.

What was your dad planning to do once he reached 65? I am not really sure what ultimately they are aiming for?

My understanding of 457 visas is not great but I believe there is a minimum salary and the company is obliged to pay it. They also cannot change the job he was sponsored for at wil. If I were your dad, I would not quit, I would remind them of their obligations. Does he have a decent relationship with the employer? If so, perhaps he could explore the ENS visa with them, then they would not be bound by minimum salaries and your dad gets PR. It is possible that his age would be an obstacle though.

Assuming that staying in Australia is the main objective, then the only other thing I can think of is looking into parent visas. Are you PR / citizens and do you have any other siblings outside Australia?

I m very inclined to think that this is a situation that needs some professional help. You may get some ideas from the forum, but I think that it is too serious to rely upon the forum alone so hope you will get some help.

Good luck.
Thanks guys for the replies - mum and dad are seeking advice on Monday will be a crappy weekend of waiting for answers for us
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Old May 8th 2010, 11:07 pm
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Default Re: 457 visa nightmare please

Originally Posted by The GAP
Thanks guys for the replies - mum and dad are seeking advice on Monday will be a crappy weekend of waiting for answers for us
Seeking advice from an immigration lawyer is a great idea. Good luck, I'm sure you must all be very stressed by all of this.

Pauline
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Old May 9th 2010, 5:15 pm
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Default Re: 457 visa nightmare please

Similar to a previous question asked a year ago:
http://britishexpats.com/forum/showthread.php?t=618953
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