martin1978

As there is not too much information on the site regarding this topic and I am currently going through this process I thought I would share my experience with the site.

I was first informed that I would be being made redundant on 5th June and that it would be effective from the 29th June. This was just 5 days before I was due to go on holiday for 3 weeks.

At that time I went to see an immigration agent who happens to work across the street from me and got a few snippets of info but not much as I couldn't afford the consultation fee.

I then visited the DIAC in Sydney who were completely useless and didn't even know there own process.

I then visited the workplace ombusdman who ensured I got my award redundancy package. Without their help the company would not have paid anything.

I re entered Australia on the 30th June to sort out all my bits and pieces(rental accomodation, furniture etc.) on my still valid 457 visa and finally received my redundancy pay today(3/7/09).

The one thing now still outstanding however is my flight costs to return home. My company totally refuses to accept any responsibility for this and says they have spoken to immigration and they are in the right and don't have to pay. Conflicting information from the website. I spoke to the DIAC today who were as incompetent as ever. They said they would only bill my company for costs if I was to outstay my welcome and become an overstayer and that I had till the 26th July to leave or get a tourist visa. I am planning on staying until the middle of august before returning to England with my australian girlfriend.

I have now emailed the NSW business monitoring with my information and a copy of the rather abrubt email I received from my company and await their reply.

jimbo_d

Dude you know the drill, get that ring and get down on one knee and you're never going home!

martin1978

Haha. Its been talked about but i'd rather go home for a while than make that committment just yet.
Just annoying me that the company I worked for are a rather selfish bunch of idiots.

withorn

I have gone thro this phase...can understand your feeling...Dont take it to your heart.......Rather be professional....cool...good luck

Pollyana

As far as I know the company should pay the cost of getting home, but I don't think DIAC can enforce it.
If you are planning on coming back to Australia at any point you might want to rethink your departure date. Becoming an illegal overstayer isn't a good idea and could affect your ability to come back here - especially if you actually get deported.

Les Mighalls

Exactly. It will score him a three year ban. Aussie GF or no Aussie GF.

JAJ

Although I will observe that the three year ban does not apply to permanent visas, or visas leading to permanency (like spouse). Overstay can give rise to character issues, however.

martin1978

I'm definitly not planning on being an illegal overstayer. I'm allowed to apply for a tourist visa before the 26th at a cost of $250 I might add. Hoping to get assigned a case officer before that though and have a proper conversation with someone other than the unhelpful people on the help desks.

Haven't had any official notices from the DIAC yet either.

sonlymewalter

What a nightmare. This is why 457 visa's are lousy if they go wrong.

Thanks for sharing your story as it helps others making a decision on this visa understand the pitfalls.

Good luck with your situation mate

withorn

I have good thro', process, Based upon my experience, as soon as your employer informs the DIAC about the termination of your job, in few weeks time you will receive the letter of intent of cancelling your 457 visa from DIAC & that you will given time to reply (from 5 to 10 Days) to explain your circumstances (like family, parterner job, health etc) based upon which they shall give last cut off date to move out of country.
All these will give you couple of more months time to find another employer to sponsor 457 visa, other wise move on to tourist visa to get more time which ever you like…
In case if have any question PM me your number, I shall try to help you to best of my capacity…

Thanks

paddyo

who is the company???? Just for future reference so I don't get caught out!!!

martin1978

Haha, can't really say on here as I don't fancy getting done for libel. They were a smallish company though with 20 employees and based a good 30km north of the CBD.

I believe they thought they could just make me redundant for free to save money when they were 'quiet' and did not do any homework on the subject beforehand.

BTW I certainly won't be considering the 457 visa option again and I personally wouldn't reccomend it to anybody. If an employer wants you they should offer ENS.

paddyo

Not an entirely unbiased recommendation to make. I am on a 457 but mine is comparitively risk free, its a secondment from my company in UK with a guarenteed, contractually, job to go back to after my secondment is complete. It is a large company of course which helps and has quite a few UK and French 457 employees so knows the score probably better than some.

man_called_Horse

Martin you have just had a stroke of bad luck mate..... If I were you I would be looking for another 457 sponsor rather than rubbish the 457 route altogether. I and heap of friends came through the 457 to PR route without any difficulty it not the system its the attitude of the employer. Your employer probably thought that because you were a POM on a 457 you were not entitled to any redundancy payout and thats why they picked you.... had they knew that you had the same rights as everyone else they could have easily picked someone else instead.

Your 4 options are 1. get another job and get a new 457, 2. Find an employer & apply for ENS (requires a skills assessment for your case) or 3. go home.

option 4 you already ruled out in post 3

DIAC usually give you 28 days to pack you shit & leave, although I have heard cases where if you can prove to have enough cash they can extend to 3 months.


PS: As for the paying your flight home I think that is a fairly new rule that was introduced only recently .....I guess maybe after your 457 was originally granted.

Deutschmaster

I was lured here under the pretence of 457 - ENS PR to then be told that the organisation doesn't actually sponsor people. I asked what happens to those who stay on the 457 for four years then can't stay further on a 457 and was told that people usually leave by then.

True enough. I decided to go the 175 route which I now have, and I'm already looking at another job .


Off to Kiwiland to get my passport stamped with the PR. I then have a chat with a prospective employer two days after I get back.