Redundancy on 457. My experience so far.
Jul 8th 2009, 4:54 pm
#31
no stressin no fussin....
Joined: Aug 2007
Location: Fantasy Island....
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Jul 9th 2009, 5:50 am
#32
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Location: Meadowbank, Sydney
Posts: 287
Re: Redundancy on 457. My experience so far.
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.
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.
Thanks for your enquiry.
The sponsor does not necessarily have to pay for your return travel cost.
However if the immigration department have to detain and remove you, the
sponsor will be liable to repay the debt to the commonwealth.
So, how do I get home now. Someone mentioned small claims court using the obligations page as evidence and DIAC told me to threaten the company that I will overstay in the hope they will pay up.
This wasn't really meant to be a help thread but now it sort of is. Sorry.
Jul 9th 2009, 11:06 am
#33
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Joined: Apr 2004
Posts: 34,649
Re: Redundancy on 457. My experience so far.
Well it seems you were right and the 'employer obligations' are apparently just guidelines that don't really need to be followed, unlike the employee ones that could lead to visa cancellation if not followed. What is the point in them? This is the email I received back from business monitoring.
Thanks for your enquiry.
The sponsor does not necessarily have to pay for your return travel cost.
However if the immigration department have to detain and remove you, the
sponsor will be liable to repay the debt to the commonwealth.
So, how do I get home now. Someone mentioned small claims court using the obligations page as evidence and DIAC told me to threaten the company that I will overstay in the hope they will pay up.
This wasn't really meant to be a help thread but now it sort of is. Sorry.
Thanks for your enquiry.
The sponsor does not necessarily have to pay for your return travel cost.
However if the immigration department have to detain and remove you, the
sponsor will be liable to repay the debt to the commonwealth.
So, how do I get home now. Someone mentioned small claims court using the obligations page as evidence and DIAC told me to threaten the company that I will overstay in the hope they will pay up.
This wasn't really meant to be a help thread but now it sort of is. Sorry.
http://www.immi.gov.au/skilled/faq-subclass-457.htm
I heard my employer has to pay for my ticket back to my country. Is that true? How about my partner and children?
Your employer is responsible for ensuring that the cost of return travel to your home country for you (and accompanying family member/s) is met. Existing contractual arrangements between you and your employer may indicate whether you or your employer agreed to meeting these costs.
If this matter is not specified in your employment contract and your employer has not agreed to pay your travel costs from Australia, you should contact the department on 131 881 and ask to speak with the Business Monitoring Unit.
What about paying for my possessions to be moved?
This would depend on the contractual arrangements between you and your employer. The migration legislation does not require that employers pay for the shipping of personal possessions.
Jul 15th 2009, 2:00 pm
#34
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Re: Redundancy on 457. My experience so far.
It just gets better and better.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Jul 15th 2009, 10:48 pm
#35
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Joined: Jan 2008
Location: South Coast, NSW
Posts: 3,625
Re: Redundancy on 457. My experience so far.
It just gets better and better.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Jul 15th 2009, 10:49 pm
#36
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Joined: Jan 2008
Location: South Coast, NSW
Posts: 3,625
Re: Redundancy on 457. My experience so far.
It just gets better and better.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Without me realising the company kept back $1200 of my redundancy money. Anyhow i've now noticed and they have said they are holding it in case immigration make them pay for my flight home.
This is turning into a comedy sketch only it isn't funny anymore. What they've done is illegal i'm sure.
I've decided to put in every complaint possible now to DIAC and the fair work ombusdman. They might regret all the times they called me a pommie $%^& soon.
Jul 16th 2009, 4:49 am
#37
Member
Joined: Mar 2007
Location: Mt Cotton, Qld, Oz
Posts: 79
Re: Redundancy on 457. My experience so far.
Aww, what a terrible situation, I hope you get it sorted soon! I agree, go to the press, they brought you here, so they should pay to get you back home!
Best of luck!
Best of luck!
Jul 20th 2009, 2:39 am
#38
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Location: Meadowbank, Sydney
Posts: 287
Re: Redundancy on 457. My experience so far.
Just an update on an email I received from business monitoring on friday. It reads:-
In response to your email, the department will contact your sponsor and
advise that any monies due to you are
not withheld and paid immediately.
In reference to repatriation costs, as previously advised the sponsorship
undertaking is to ensure that the cost
of return travel is met, however as you departed and returned to Australia
after you received notification of being
made redundant the department does not require the return travel costs to
be met by your sponsor.
In response to your email, the department will contact your sponsor and
advise that any monies due to you are
not withheld and paid immediately.
In reference to repatriation costs, as previously advised the sponsorship
undertaking is to ensure that the cost
of return travel is met, however as you departed and returned to Australia
after you received notification of being
made redundant the department does not require the return travel costs to
be met by your sponsor.
Jul 20th 2009, 11:06 am
#39
Social Grenade Thrower
Joined: Jan 2008
Location: South Coast, NSW
Posts: 3,625
Re: Redundancy on 457. My experience so far.
Just an update on an email I received from business monitoring on friday. It reads:-
In response to your email, the department will contact your sponsor and
advise that any monies due to you are
not withheld and paid immediately.
In reference to repatriation costs, as previously advised the sponsorship
undertaking is to ensure that the cost
of return travel is met, however as you departed and returned to Australia
after you received notification of being
made redundant the department does not require the return travel costs to
be met by your sponsor.
In response to your email, the department will contact your sponsor and
advise that any monies due to you are
not withheld and paid immediately.
In reference to repatriation costs, as previously advised the sponsorship
undertaking is to ensure that the cost
of return travel is met, however as you departed and returned to Australia
after you received notification of being
made redundant the department does not require the return travel costs to
be met by your sponsor.
As an option, bearing in mind your company seem so unaware of the regulations, may I suggest you send them a copy of your response from Business Monitoring.....however......if you accidently 'cut' the last sentence out they may actually cough up all monies owing and pay your flight costs!! I know what I have suggested is not fair game old chap and may be unethical but hey, they have not played fair either!!
Jul 20th 2009, 10:14 pm
#40
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Location: Meadowbank, Sydney
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Re: Redundancy on 457. My experience so far.
Good suggestion but better play by the rules. Spoke to a different department in DIAC and they said business monitoring don't know what they are talking about. As long as my visa is valid they are responsible for costs. ?????????????????????????????????????
Jul 20th 2009, 11:28 pm
#41
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Joined: Jan 2008
Location: South Coast, NSW
Posts: 3,625
Re: Redundancy on 457. My experience so far.
lol...well Martin, as you may have gathered by now, each time you speak to anybody within the same department you will get a different answer!! Just ensure you have a reference which you can refer to and that is not open to interpretation. You seem pretty calm about it and are going about it in a logical manner. Good luck!
Jul 21st 2009, 1:33 am
#42
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Re: Redundancy on 457. My experience so far.
Jesus Martin any more bloody whinging and I will pay yer fare
Jul 21st 2009, 8:37 am
#43
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Location: South Coast, NSW
Posts: 3,625
