Brisben

I passed my TRA no problem. However I now need to apply for my visa, hopefully skilled independant, however ,my employer will not help me with my reference for recent work experience, thus holding me back from applying.

I am unsure what to do as this document is critical, however I am unsure if there is any other skilled pathway that I could overcome this?

I also have a job opportunity in the UK as a production Manager which is listed on the SOL, so is my last option to change jobs for 12 months and hope I can then fulfill the recent work experience criteria or is there an easier way without me having to wait another 12 months before I can apply??

Someone please help me I am now so unsure as to which direction to turn.,...

Sleeping Beauty

cant you use the same one as the one you used for the TRA? was it the same employer?

Brisben

It was the same employer but it just says Ben now works in this area, an area completly different to the area I used for my TRA 7 years work experience. It was also written by my former trainer...not HR..So I don't think it will be useful

Sleeping Beauty

can you not use another person, perhaps a supervisor ? i dont think it has to be a certain person, just somebody above you in the workplace?

Brisben

Its a good point but if they at Dimma contact HRM then I need them to support what the reference states and give an honest response in terms of job role and responsibilities. I just suppose I am unsure where to go with this one...

mvt550

Why won't your boss help you out? Seems harsh.

Can you get a reference from your human resources dept instead?

Brisben

Tiss harsh mate it was HR i went to in the first instance and they are dragging their heels...

mvt550

Ah sorry - see what you mean now.

If you get someone senior at work to do it, won't DIMIA just contact them directly rather than contacting HR (if DIMIA do contact anyone)?

Anyone know the answer?

lacey21

Awww Ben, what a S***, you have come this far. Bloody hell man. err stat decs, he has to give you a ref it is against the law not to. It doesn't have to be glowing but for the ASPC it doesn't have to be. It has to be factual. hun

Awww Ben, I hope this helped if not I am sorry hun

hugs and karma Lace xx

JAJ

If your employer refuses to give you a reference then you should visit a good employment lawyer in the UK (if that's where you are) to see if this gives you grounds for legal action.

And also see a good migration agent to see what work-arounds might exist. Try Ian Harrop, http://www.ianharrop.co.uk

WESTLY

The law in Australia requires an employer to issue a statement of service upon request. If the employer has his/her neck in a knot, the statement might be no more than a confirmation of the employment period, but this better than nothing. I don't know whether this will help you. If you have no luck, swear a detailed statutory declaration setting out what you have done to obtain documentation, and of course full details of your employment. Support it with taxation and bank records, salary advice slips, and whatever other third party verification you can obtain. Make sure the third parties provide their contact details. It is possible that DIMA will conduct a ‘integrity check’ which could take the form of an unannounced ‘workplace visit’, if your case officer has residual doubts about your employment claims. To keep out of trouble, you will have to put your claims beyond dispute. Unfortunately DIMA are inclined to take an employer’s evidence as Gospel. If DIMA officers approach a person who is malicious, or a junior person who is ill informed your, case office might well received an adverse report - unable to verify employment claims. This could be worse than it might appear, because if your skills assessment relied on your work experience claims, they can kill that too. Unless you are quite sure that you can provide adequate employment information, which will be verified, you should seek professional advice.

Best wishes

Westly Russel.

Brisben

JAJ , Westly thanks so much for your advice it is most appreciated, This now gives me something to work on and a sense of direction as to where this is heading.


Thank you both so much..

lacey21

I wont bother next time Ben

Cheetah7

Its very difficult when you work for a large company with a huge HR department.

We typed up the statement (or I did) and got hubbys employers to check/change anything they were not happy with. Luckily we had followed his job description and his company were more than happy with it.

He has also told his HR, his Manager and secretary that DIMA may well contact them.

By keeping them fully informed from the beginning, they appear to be accommodating.

It is still nerve racking that DIMA might call and might get someone who isnt forthcoming on the phone, but we have done our best.

I hope you get it sorted Ben, its bloody harsh when an employer has that kind of hold over you.

Good luck.

WESTLY

You have to make sure that the parties who are likely to be contacted by DIMA have a copy of the relevant documents. Ideally you would ensure that the personnel records, particularly the duty statement, are up to date.

Some HR departments have no idea what a person is actually doing and when consulted and have been known to rely on outdated job descriptions. There have been cases where an HR manager has referred to an historical record that did not correspond in its particulars with the employment claims made.

In a major organisation, for example a government department, this is unlikely to happen, but if it does, trouble looms. This sort of blunder does not happen very often, but when it does the outcome can be catastrophic. If the application does not attract review rights there is no remedy, short of an application to the Federal Court on a point of law.

Applicants from first-world countries are getting a taste of what has been applied to third-world counties for years.

Whatever the inconvenience it is much easier to keep out of trouble than get out of it.

If you think this cannot happen to you, I hope you are right.

Best wishes

Westly Russell