Australian Skilled Migration Visa - Megathread

imagine_08 · 12-10-2015 7:40am

Hi Guys

I am in desperate need of some guidance and information fro you all.

I will be 2 years with my current employer on a 457 in December. My company have agreed to nominate me. Now I work for an Insurance company and the main underwriter is the company that will be doing the nomination. They have advised me that I have to use their immigration agent and pay all the fees which is looking like approx $10000 for me an my partner (non negotiable)

Today they hit me with this: Before they put the nomination through, they require me to sign a contract that states I wont leave the company within 2 years of my PR being granted.

Now, I have no intention of staying with the company for 2 years and I dont want to sign a contract saying I will.

My questions are

1. Are they allowed to make me sign a contract to stay with them for 2 years? No other employees need to sign contracts. Why do I?

2. If I did sign a contract, what would happen if I got the PR and quit the next day?

I feel that this company are taking advantage of me. I have to pay all the visa & agent fees, I have worked with them already for 2 years and now they are trying to lock me in for another 2 years just to do the nomination.

Can someone please offer me some advice. I am at my wits end here.

Thanks guys

Sean

Mellor · 12-10-2015 8:46am

irishmover wrote: »

I never called them about it but that would be a bit ridiculous if you're taking unpaid leave (it being logged in the system thus you're still on the company books) for more than 30 days (previous system) you'd have your visa revoked. There could be any amount of reasons for this.

If somebody took 12 months unpaid leave, to travel South America, it would be a bit much to expect to waltz back into australia on the same 457.

Not to mention a number of 457 workers would be on Casual contracts so wouldn't have any annual or sick leave to begin with.

You have to be a full time employee for a 457 visa. Which includes annual and sick leave

There are a lot of grey areas in 457 visas.

Not really. The rules are black and white. People choosing not to stick to them doesn't make them grey.

I was of the understanding that because of the reciprical agreement you couldn't avail of it until PR.

Basicaly, if you are a resident of a country entitled to medicare, you get medicare. Being on a 457 doesn't change anything.

irishmover · 12-10-2015 10:33am

Mellor wrote: »

If somebody took 12 months unpaid leave, to travel South America, it would be a bit much to expect to waltz back into australia on the same 457.

Well yeh alright let's look at the extreme then.. Someone going home for 6 weeks and losing their visa would be absurd. Someone going on a holiday for 12 months touring the world and then expecting to come back to Australia on that visa is also absurd.

You have to be a full time employee for a 457 visa. Which includes annual and sick leave

You have to be paid the equivalent of a full time rate. It states that annual and sick leave is to be included but then mentioned Casuals.

Some conditions or limitations may apply to your entitlement to the NES. For instance, there are some exclusions for certain casual employees.

Casuals are to be paid 25% loading to account for no Annual or Sick leave. I've had a discussion with someone from immigration aboutbthis when I first came here on a 457 and they said as long as loading is applied it doesn't breach 457 terms. That was late 2011 so maybe its been revised.

Basicaly, if you are a resident of a country entitled to medicare, you get medicare. Being on a 457 doesn't change anything.

Irish echo fair enough but they disagree with you. Covered by reciprocal agreement (very limited form of medicare) and cannot avail of the full medicare service on a 457. Just like I was told on here, had seen many posts on here about it over the years and also had personally tried three separate centres like I mentioned.

http://www.irishecho.com.au/2014/05/05/health-cover-break-for-irish-457-visas/31568

Mellor · 12-10-2015 11:02am

irishmover wrote: »

Well yeh alright let's look at the extreme then.. Someone going home for 6 weeks and losing their visa would be absurd. Someone going on a holiday for 12 months touring the world and then expecting to come back to Australia on that visa is also absurd.

It was extreme to highlight the issue. At a certain point, you will have to expect to be questioned on your way back in.
I'd imagine that point is now the 90 day mark.

You have to be paid the equivalent of a full time rate. It states that annual and sick leave is to be included but then mentioned Casuals.

Some conditions or limitations may apply to your entitlement to the NES. For instance, there are some exclusions for certain casual employees.

Casuals are to be paid 25% loading to account for no Annual or Sick leave. I've had a discussion with someone from immigration aboutbthis when I first came here on a 457 and they said as long as loading is applied it doesn't breach 457 terms. That was late 2011 so maybe its been revised.

Right now, the border.gov page says they have to meet a "minimum standard". I suppose it makes no difference if they are still making $54k+, annually.

Irish echo fair enough but they disagree with you. Covered by reciprocal agreement (very limited form of medicare) and cannot avail of the full medicare service on a 457.

I think you need to read my post again
That doesn't disagree with What I said.

Basically, if you are a resident of a country entitled to medicare, you get medicare. Being on a 457 doesn't change anything.

Residents of Ireland aren't entitled to medicare, a 457 changes nothing in that regard.

Residents of the UK are entitled to Medicare, and a 457 doesn't change that either.

irishmover · 12-10-2015 11:52am

Mellor wrote: »

It was extreme to highlight the issue. At a certain point, you will have to expect to be questioned on your way back in.
I'd imagine that point is now the 90 day mark.

Right now, the border.gov page says they have to meet a "minimum standard". I suppose it makes no difference if they are still making $54k+, annually.

I think you need to read my post again
That doesn't disagree with What I said.

Residents of Ireland aren't entitled to medicare, a 457 changes nothing in that regard.

Residents of the UK are entitled to Medicare, and a 457 doesn't change that either.

Ah sorry. I didn't make myself clear either. I thought we were discussing as a Republic of Ireland national here (like what the guy who brought this up was talking about).

$54k is the minimum most definitely but as a said it isn't exactly clear about Casuals when they throw that statement in hence why I rang them.

Mellor · 13-10-2015 2:28am

irishmover wrote: »

Ah sorry. I didn't make myself clear either. I thought we were discussing as a Republic of Ireland national here (like what the guy who brought this up was talking about)

ah ok, I was talking about the "no medicare for 457" part. Saying that if you're entitled to it, you'll still get it on a 457.

The other part was in relation to the "i'm a brit" part. You might have gotten it with a British passport, despite living in the ROI. Depending on what questions that person asked you on the day and the mood they were in.

NORZ · 20-10-2015 2:12pm

imagine_08 wrote: »

Hi Guys

I am in desperate need of some guidance and information fro you all.

I will be 2 years with my current employer on a 457 in December. My company have agreed to nominate me. Now I work for an Insurance company and the main underwriter is the company that will be doing the nomination. They have advised me that I have to use their immigration agent and pay all the fees which is looking like approx $10000 for me an my partner (non negotiable)

Today they hit me with this: Before they put the nomination through, they require me to sign a contract that states I wont leave the company within 2 years of my PR being granted.

Now, I have no intention of staying with the company for 2 years and I dont want to sign a contract saying I will.

My questions are

1. Are they allowed to make me sign a contract to stay with them for 2 years? No other employees need to sign contracts. Why do I?

2. If I did sign a contract, what would happen if I got the PR and quit the next day?

I feel that this company are taking advantage of me. I have to pay all the visa & agent fees, I have worked with them already for 2 years and now they are trying to lock me in for another 2 years just to do the nomination.

Can someone please offer me some advice. I am at my wits end here.

Thanks guys

Sean

Sean,

As you are paying the agent, you are their client in this matter (not the employer), so I suggest you put the questions to them.

NORZ · 20-10-2015 2:26pm

imagine_08 wrote: »

2. If I did sign a contract, what would happen if I got the PR and quit the next day?

Sorry, this is obviously a question that that you'd prefer not to pose to them.

The answer is "nothing" from a visa standpoint if you are applying for subclass 186, and "serious problems" from a visa standpoint if you are applying for subclass 187. Not clear from your post which one you are applying for.

With regard to non-visa implications, perhaps consult an employment lawyer or call Fair Work in whatever state/territory you are based.

imagine_08 · 20-10-2015 11:07pm

Thanks for that. I'll be applying for 186 so I guess no problem then.

Mellor · 21-10-2015 1:49am

imagine_08 wrote: »

Thanks for that. I'll be applying for 186 so I guess no problem then.

I think you are over thinking the contract part.
A work contract for 12 months, 2 years, etc doesn't mean you have to stay there for that length of time. No employer would ever ask you to sign something like that, even if they did. It wouldn't hold up legally.

Turleyjoe · 22-10-2015 9:23pm

Hey all,

We're going applying for our PR in December through my partners company. We're applying for the ENS186.

At the moment we're trying to find information on fees and who pays what. We don't know what her company pays and what we pay.

All help appreciated.

Mellor · 22-10-2015 11:53pm

Turleyjoe wrote: »

Hey all,

We're going applying for our PR in December through my partners company. We're applying for the ENS186.

At the moment we're trying to find information on fees and who pays what. We don't know what her company pays and what we pay.

All help appreciated.

You pay for almost everything. Your visa applications ($5,400), your medicals ($150 x 2), your police check, your english test (if needed). These are all your obligations.

The employer pay the nomination charge. ($540)

Turleyjoe · 23-10-2015 2:54am

Does the employer legally have to pay the nomination charge? We think they want us to pay it but I'm of the understanding that they have to pay it

Mellor · 23-10-2015 4:40am

Turleyjoe wrote: »

Does the employer legally have to pay the nomination charge? We think they want us to pay it but I'm of the understanding that they have to pay it

With the 457, the sponsor/employer has legally has to pay their costs (SBS and nomination). It also specifically states that they cannot recoup those cost from the employee. I don't see it specifically stated. I would have assume that they do, but maybe not considering there is nothing tying you to them.

brandnewaward · 23-10-2015 5:12am

Mellor wrote: »

You pay for almost everything. Your visa applications ($5,400), your medicals ($150 x 2), your police check, your english test (if needed). These are all your obligations.

The employer pay the nomination charge. ($540)

$150 for medicals???? we paid $340 each on monday!
this is Bupa right???

irishmover · 23-10-2015 5:24am

brandnewaward wrote: »

$150 for medicals???? we paid $340 each on monday!
this is Bupa right???

It used to be $150 (ages ago) but I paid $330 for mine with medibank late 2013. So I dont think you were robbed.

brandnewaward · 23-10-2015 5:27am

irishmover wrote: »

It used to be $150 (ages ago) but I paid $330 for mine with medibank late 2013. So I dont think you were robbed.

cool , getting robbed enough as it is

Mellor · 23-10-2015 5:38am

brandnewaward wrote: »

$150 for medicals???? we paid $340 each on monday!
this is Bupa right???

was that for the standard test?
I thought mine was $150 when I did it (2 years ago), but there might have been an x-ray/HIV charge on top. Honestly can't remember.
It wasn't with Bupa though, it was Medibank at the time.

All up my PR visa cost about $4200 for two people.
I'd expect it to around $6300 now.

irishmover · 23-10-2015 5:41am

Mellor wrote: »

was that for the standard test?
I thought mine was $150 when I did it (2 years ago), but there might have been an x-ray/HIV charge on top. Honestly can't remember.
It wasn't with Bupa though, it was Medibank at the time.

All up my PR visa cost about $4200 for two people.
I'd expect it to around $6300 now.

Had to do xray and HIV test yup.

brandnewaward · 23-10-2015 5:49am

yeah we did those too , we are doing the 186 visa and its nearly 11k for the two of us
in fairness, we had a situation where the 457 sponsoring employer wouldnt nominate for residency and our skills were culled off the state sponsorship list recently. Got word of this agent that's great for getting stuff done and she found a way for us to go for the 186......Her fees are nearly 5k but we have gone from initial contact to lodging in under two weeks

NORZ · 25-10-2015 1:03pm

Turleyjoe wrote: »

Does the employer legally have to pay the nomination charge? We think they want us to pay it but I'm of the understanding that they have to pay it

No, they don't.

NORZ · 25-10-2015 1:15pm

brandnewaward wrote: »

yeah we did those too , we are doing the 186 visa and its nearly 11k for the two of us
in fairness, we had a situation where the 457 sponsoring employer wouldnt nominate for residency and our skills were culled off the state sponsorship list recently. Got word of this agent that's great for getting stuff done and she found a way for us to go for the 186......Her fees are nearly 5k but we have gone from initial contact to lodging in under two weeks

You can't lodge a valid 186 without an employer nomination. Even for Direct Entry (which it sounds like you are doing).

The Nomination burden of evidence will be exceptionally high if you've just set up a company to facilitate this.

But if you've found a new employer willing to nominate you for 186 DE, then great but there's no particular agent alchemy going on - it's fairly basic stuff.

seachto7 · 12-11-2015 8:33pm

Jeez. Out of curiosity I just had a look at the skills list. It's been really culled since the last time I looked at it! Looks like they have clamped down big time!

brandnewaward · 12-11-2015 9:36pm

seachto7 wrote: »

Jeez. Out of curiosity I just had a look at the skills list. It's been really culled since the last time I looked at it! Looks like they have clamped down big time!

yeah , enviromental jobs are gone....that was when tony abbott got the arse , his immigation minister left with him and culling that list was the last thing he did before leaving office

Gongoozler · 12-11-2015 9:50pm

Any way to easily see the list? Can't seem to actually find it, only everything else

irishmover · 13-11-2015 1:59pm

Gongoozler wrote: »

Any way to easily see the list? Can't seem to actually find it, only everything else

You mean this?

https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/SOL

Gongoozler · 13-11-2015 2:34pm

irishmover wrote: »

You mean this?

https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/SOL

Yes, great thanks.

my boyfriend's profession is there, but mine isn't

seachto7 · 13-11-2015 4:33pm

Friday the 13th indeed. I dipped in and out of this forum and with the idea of going to Aus for years, and now that I am very much faced with the situation of having to move abroad for work, my skills are no longer on the list.

:( Nor for NZ

:(
Oh well. Such is life.

SyntonFenix · 18-11-2015 12:30pm

Are you under 30 years of age?

Working Holiday Visa > 457 Employer Sponsored Visa > 186/187 Employer Sponsored PR Visa

Would take about 4 years.

If that doesn't suit, have a chat with a few agents.

seachto7 · 20-11-2015 3:48pm

Going on 39, so WHV is well gone for me. I will get in touch with some agents to see. God knows where to start with them, but I'll do some searching on here.

Australian Skilled Migration Visa - Megathread

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