help and advice needed

[Prema]

I never thought that I would be writing a thread here so soon but never say never......

 

Hubbie, is just having a rough time in his workplace. His business is making money, but hierarchy don't like him. They have now instigated an action plan which will now manage him out of the business, how long it will take I don't know.

We also found out that the company has done this very same thing to many other employees. We have union cover, i'm not sure if they can be of any help.

 

Thing is were trapped with our visa. Once his job goes our visa goes, I think we are given 30 days to leave, after his job expires.

We have been crying over and over and talking and talking. Why did we come? why did we sell up?? looking back we made some pretty dumb decisions and now the kids will have to suffer. Being pushed from pillar to post, for us to chase our dreams.

Now we just want to get back home, but we have no funds to do so.

Do I contact immigration? can they help us get home once his company terminates his contact?

 

I just feel really alone right now and really the thought of getting home just kinda lifts my spirits, maybe the grass was never greener on the other side??? we just need to find a way back.

 

We rang our family, and they can help once we get home but they have no funds to help us get home.

 

Any advice will be appreciated

Prema xx

[Guest Guest75]

I'm no expert on this but you need as much hard proof as possible.

I'd be contacting Immigration pretty quickly and make them aware of the situation.

 

So sorry to hear you are in this awful situation, my best wishes to you all.

[nikkinoodlesuk]

that sounds awful, can you not contact immigration and see if your allowed to seek alternative employment, as his current work situation doesn't look good.

[Diane]

Hi Prema

I know Judy and her OH went through this when they were first here - I will PM you with her email address as I'm sure she won't mind you dropping her a line and she can tell you how they dealt with it.

Chin up, it's not insurmountable (they're still here 7 years later - well in the Gold Coast but here in Australia anyway). I have a feeling there may be something like if your employer terminates your employment, they have to pay for your family to return to the UK (if that's what you decide to do), but I am no expert (obviously) so either speak to immigration or see if you can get a free consultation with a local migration consultant who will know the full ins and outs of the particular visa you are on.

Diane

(((((hugs))))

[Toni]

Stay strong. Remember why you came here. There are bad employers everywhere you go. If you were permanent here I would say find another job. It doesn't hurt to get as much information as you can. Contact the Union, and get as much information as you can and then talk to immigration. A lot of times going through Union will stir up a lot more emotions and a lot of the workplace laws in theory sound great but in reality they don't do much. At least if you hear what they have to say then you can show that information to immigration. It isn't you, it's them! Adelaide is a lovely place, don't give up. Good luck

[HEAPS GOOD !!!]

Mate feel for you guys i really do.....

 

Drop a member on here a PM her name os gollywobbler she is awesome when it comes to VISAs and what you can and what you cannot do an them....

 

If i could send Karma then i would do...

 

HG

[Guest guest3462]

We are here on a 457 visa and although it wasn't through circumstances like yours, my hubby has changed jobs and gotten the new employer to take over the 457 visa. It was very straightforward and only involved HR dept ringing immi and declaring that they were taking over sponsorship. Have faith Prema, I know things are tough for you right now, but think of the reasons you came out here in the first place. The grass isn't greener on this side of the world, but for most part it is sweeter. You can and will ride this through and come out on top for what is best for you. Sending my best wishes your way

Julia xxx

[Guest clare]

Im really sorry to hear this, although cant help on the visa front just wanted to say youve done nothing wrong you haven't made the wrong decision coming over with your children, these things dont always go right but nobody can say that you shouldnt of come. You have come and given it a go, life would be so simple if we didnt take risks. Thinking of you x

[Guest Damien]

Hi Prema,

 

Kids are really resilient and what you have done for them is amazing, whether you end up here or in the UK. They will still love you and be grateful for what you have done for them. Hopefully it'll all work out fine and you get to stay here, if not you get to go back to the UK, the kids will soon settle back in and it'll be like nothing ever happened, they'll just have great memories of their adventures down under. And bloody well done for having the balls to try it - most haven't got the guts.

 

Plus you get central heating and double glazing in the UK....

 

Good luck and fingers crossed for you, you came out about the same time as us so I've been reading your reports with interest.

 

Damien

[Guest downunder123]

Try and think whether fundementally you want to actually be here or not? If you defo want to stay, I bet between you, you will have no problem finding a different employer to take over the sponsorship.

 

If you actuallly want to go home - sont worry about not being able to pay for a flight. Apply for a UK credit card - there are loads which offer 0% on purchases and then you can just wack it on that.

 

Whatever happens in the end it will be the right choice.

[Guest Team 'W']

Hi Prima..

I am so sorry to hear bout the crap your going thru hunny,and you do feel alone and you will think its the end of the world but its not ,it isnt easy when you put all your worldly possesions on a boat and bring your family out here,to take the crap they throw at you ....

 

They DO NOT make any of this life change easy over here in ozz..

 

If things go pear shaped there isnt anybody advertized or so high up in authority than you can go to with your problems [i should know ]...we as brits should have an office over here with people who know the inns and outs of the system and that will fight for us ...[if were getting a bum deal at which you are] and it STINKS !!

 

I know there are lots of lovely people on here who will help and have or are doing and they are great..

But i can guess at the mo you hate ozz and everybody that stands for it ...[your only human]it is so sad that you save hard and cash in all your assets in the uk to come over and enjoy all that ozz has to offer,but to struggle and not have enough to go back with " it is frightening" ...

 

But hopefully you will get some help and someone out there is able to point you in the right direction and things change for the better,you have to be optomistic my darlin for all of your sakes...

 

I wish you all the very best and do hope your able to sort this mess out,these companies should not be allowed to get away with doing this to people its disgusting....

 

Love and best wishes to you all and the next time your on here lets hope its all positive news ..

Good luck

 

Elaine xx

[Guest The Dimmocks]

Cant help on visa issues but really hope you manage to sort things out, if that be staying in Oz or returning to UK.

 

Good luck xx

[Scousemouse]

Prema,

as stated, the husband needs to keep a record of when things aren't quite right at work, eg the offer of overtime to others, not himself, publicly made!, and any changes to his working practice, at short notice...........

 

I had tthis rubbish 7 months ago, but when DIAC actually spoke to me, heard my side of the story etc, they really where prepared to listen.........and made the decision in our favour, im sure you will get the same consideration!

Dont loose heart, and best wishes!

 

Jane

[Prema]

thank you guys for all your support, it really means so much to me.

 

We have an appointment with diac this week, to find out where we stand. I'm really nervous and my hearts beating so fast that I just can't keep up. DIAC have asked us to bring all paperwork so they can overlook. Were meeting the chief in charge of sponsored visas, in CBD.

 

Fingers crossed, as really we didn't come all this way for nothing. The kids started their new school on Monday, and they really do like it.

Gosh why can't things just be simple in life?

 

I also found out that we may be able to get some extra money on LAFHA, does anyone know any info about this, pros and cons?

 

Thanks again, to everyone

Prema

[Guest colette]

Dont' worry about children as they are very adaptable so long as you are there to discuss things with them. Our children accompanied us on postings to Jamaica, India and Ukraine and thank us constantly for giving them tremendous experiences. Hope everything works out for you. Cheers Colette

[ShaunWilson]

As previously stated, if you can find another employer, the visas can be moved to them, if they agree to take over the remainder of the sponsorship. Hope all works out for you, there are ways around it.

[Guest Jo&Phil]

That sounds like a terrible situation to be in.

Lots of helpful suggestions already but you might consider .......

Union first (employer may indeed have a reputation of doing this and they can help remind them of their obligations);

Immigration next (ditto --- if they've had other workers on visas there will be a record);

Then then is there an industry group/professional assoc or similar for the work area? They may well have a code of conduct that the employer is breaching and can bring pressure to bear and/or may have insights into other jobs in the skill set/industry/area

You haven't been here long by the looks of it and your decisions to come were probably very valid and still are - this is a set back and must be frustrating and frightening but it's not necessarily the end of your dreams.

Good luck .. keep us all posted

[Guest caoimhe]

I've nothing new to add just want to wish you luck and hope it goes well with DIAC

[Guest LizzieL]

Hi Prema

I just wanted to send you all best wishes and really feel for what you must be going through right now. My children are 7 and 5 too so I appreciate your concerns; but actually I'm amazed by how resilient they are and treat everything as an adventure. I'm sure that whatever happens they'll be so proud of you for having given them this opportunity. And as others have said, it's not over yet. Your OH sounds as if he's made a real success of things personally, and I think we all appreciate that it's no mean feat just getting out here. You've made a success of things before so you will again. Good luck with everything. I'm trying to send you all good vibes.

Liz x

[Guest steph&neil]

Hi sorry to hear about the hassle you seem to be having with regards to the cost of airfares - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) - it states that the employer must pay your return economy airfares

Obligation to pay travel costs to enable sponsored persons to leave Australia The standard business sponsor must pay reasonable and necessary travel costs to enable the sponsored persons to leave Australia if the costs have been requested in writing by the sponsored persons, or the department and the costs have not already been paid by the sponsor in accordance with this obligation.

The costs will be considered reasonable and necessary provided they:

 

• include travel from the primary sponsored person's usual place of residence in Australia to the place of departure from Australia;
  
• include travel from Australia to the country (for which the person holds a passport) specified in the request to pay travel costs; and
  
• are paid within 30 days of receiving the request; and are for economy class air travel or, where unavailable, a reasonable equivalent.
  

 

• If the nominated person holds a visa, this obligation commences from the time the nomination is approved.
  
• If the nominated person does not hold a visa, this obligation commences from the time the visa granted.
  
• This obligation ceases when another nomination is approved, a further substantive visa is granted or when the visa holder has left Australia and no longer holds the Subclass 457 visa.
  

So you should be covered for this part. Also DIAC are the only people that can cancel a visa - not your OH employer. They may grant you an extension to stay based on the facts that there has been a breakdown between employer/employee.

With regards to LAFTA you only recieve this if the employer signs the paperwork regarding, this an agreement is between the ATO & the employer, we do not recieve LAFHA as our agreememt is that we would gain PR at the end of his sponsorship - which we are now in the process of doing. LAFTA is paid to employee who intend to return to there country of origin at the end of the visa - given your situ I would think this unlikey - but in the upside should you return to the UK (at the companies expense) you will be able to claim most if not all of the tax you have paid whilst you have been here.

Please let us know how you got on at the DIAC appointment & i hope everything works out for you & your family,

Steph

[taffordbark]

Just wondering how you went on with diac,,I am on a sponsorship as well and things not realy working out for me,, so would be more than interested to learn from your experience.

[Guest Alipally]

I'm sorry that they are being so horrid to you and causing all this stress. Nothing I can say will change it but.....

\The good news is that you don't have to worry about getting yourself home if the employer terminates on a 457 they are OBLIGED to pay for you and your belongings to get back to the UK.

I had a friend who was made redundant on a 457 last year in Sydney and he DIAC told her about that particular condition of a 457 grant!

[Guest CAS]

we had probs with my husbands emplyers, so we rang immigration and they investigated the employer. that would be worth a try