pil

Hello,

I have come in RSMS visa in april,10 in NSW regional with my family and a baby.I have started my work on April as well.I went holiday on september,10 without pay.When I have come back from holiday my employer said he cant pay me that much money as he contracted because his business is loss,as I know he had two shops but he sold one when I was holiday.As my visa restricts have to work two years with my employer so I started to continue with very less money what ever he is giving me like 300/wk.My contract salary was 750/wk.But I am really struggling a lot with this short money as I have a 15 months baby and wife so I am in debt in my credit card like aus 5000.My employer is continue pushing me to find another job as he said his business is not going good,he can give me part time job.For that I am trying to find a job in the same area and I have got a job as a manager in a food shop.

But now I dont know how I can approach DIAC and Can I join my my new job.............Please help me with some good advice............

Dorothy

You don't need to contact DIAC, you need to contact the employment standards people in your state. If you are contracted to $750 p/w he can't turn around and say "I'll now give you $300". Check your contract carefully. If it says you will be employed full time for $750 p/w then that's what he has to live up to.

hoofie2002

I would presume if you can find another job in the NSW regional area then there is no problem as its an RSMS visa but I'm no expert so hopefully someone else can clarify this.

If so, then I would move jobs since your current employer is out to cheat the hell out of you. Even if you leave for another job, he/she is still liable to pay you the difference between the $300 and $750 for every week he cheated you so keep all payslips, contracts, paperwork etc. Contact the Fair Work Ombudsman or call 13 13 94.

ponyrama

Your employer agreed to employ you full time for two years, on a stated salary in order to get the nomination with immigration approved, however I do not think DIAC would have any recourse to legal action against your employer when circumstances have clearly changed since the contract was entered into.

However what this does mean is that if you were to leave the job due to being unable to manage financially on what your employer is now able to pay you, you would be unlikely to suffer consequences from DIAC in terms of visa cancellation as the employer has not honoured the contract they made with you. My advice would be to get some legal advice and then (and only then) contact DIAC to inform them. I say get advice first as because you are still within your two year employer tie period, it is very important that you fully understand the process you will need to go through to ensure your visa isnt cancelled if you leave the job.

Also, as Dorothy suggests, seeking advice from employment standards people is an option, but I would seek advice from a migration expert first. The last thing you want to do is get your employer offside as they could then make things difficult for you with DIAC.

I would also keep very good records of pay, hours worked, and notes of conversations with your employer about reduction in pay etc (get it in writing if you can) as you may need this in the future.

Good luck mate - my two years is up today and I know how it feels to have that hanging over your head.

ponyrama

Unfortunately RSMS visas tie you to the employer and the job not the regional area. So its not as simple as just getting another job.

pil

Thanks all for good advice but I have to have move another job otherwise I have to live without food with my family even I dont have any friends and family in Australia.So I am not worried about my visa first I have to live and then my visa.....................

Dorothy

Unfortunately, as has been said, you are tied to your employer due to the restrictions on your visa. If you leave your job you will not have a valid visa. Worry about the visa first, new job next.

You have been given very good advice here to speak to the Fairwork Ombudsman as well as get advice from a migration agent before you do anything else. The last thing you want to do is to work without a valid visa. It possibly could get you and your family deported.

JAJ

Only if DIAC follow a legal procedure to cancel the visa. For sure get some professional advice (bearing in mind that many agents know little or nothing about RSMS cancellation provisions), to better understand what DIAC need to do if they want to cancel the visa.

steward

Jaj,

You are100% right,I have faced same problem with one of migration agent............

JAJ

Try George Lombard in Sydney for advice (you will need to pay for professional assistance) - call 02 97990085 or search forum for details.