457 visa question

elliott550

Hi,

If your on a 457 visa and your company sacks you, are they liable for your flight home?

Thanks

site designer

I think if you are made redundant they are, more so than if you were sacked for failing to to your duties if you get me, also they are liable for other costs like deposit lost in house, flying family members's home on your visa, and any other costs associated with said redundancy

I'm open to correction though

Mellor

site designer wrote: »

I think if you are made redundant they are, more so than if you were sacked for failing to to your duties if you get me, also they are liable for other costs like deposit lost in house, flying family members's home on your visa, and any other costs associated with said redundancy

I'm open to correction though

I don't think they are liable for costs lost on rent.
The visa obligations list it as "travel costs", which is basically flights only. It would include your partner, family etc only if they were also their sponsor.

immi.gov.au wrote:

Obligation: Pay travel costs to enable sponsored persons to leave Australia

You must pay reasonable and necessary travel costs to enable your sponsored workers and their family members to leave Australia. The skilled worker or their family must ask in writing. The department can also ask on their behalf.
The costs will be considered reasonable and necessary if they include all of the following:

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

mandrake04

site designer wrote: »

I think if you are made redundant they are, more so than if you were sacked for failing to to your duties if you get me

Wouldn't matter if you are sacked, retrenched or your visa duration has come to an end, the employer pays.

Then you or you dependents have no excuse not to leave the country since the employer is obliged to foot the bill.

The employer is also obliged to pay for any costs associated with hunting you or your dependents down, detaining and deporting you if overstay after your visa has been ended.

It protects Australia not employee.

elliott550

Cheers

rightyabe

mandrake04 wrote: »

Wouldn't matter if you are sacked, retrenched or your visa duration has come to an end, the employer pays.

Then you or you dependents have no excuse not to leave the country since the employer is obliged to foot the bill.

The employer is also obliged to pay for any costs associated with hunting you or your dependents down, detaining and deporting you if overstay after your visa has been ended.

It protects Australia not employee.

So if you got sacked and the company knew no better, and you acted dumb on the 28 day rule thing, could you stay in oz and not breach immigration laws as your company didn't buy you a flight home? I'm guessing no, but just curious..

Peregrinus

You're guessing right.

If the employer fails to pay the travel costs, he's in breach. That doesn't mean that you aren't, though.

mandrake04

rightyabe wrote: »

So if you got sacked and the company knew no better, and you acted dumb on the 28 day rule thing, could you stay in oz and not breach immigration laws as your company didn't buy you a flight home? I'm guessing no, but just curious..

No.....You would become unlawful, deported and banned.

Then your employer would have to pay the costs for your removal anyway.

Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful
non-citizen
In the event the primary sponsored person or a secondary sponsored person becomes
an unlawful non-citizen the sponsor must pay costs incurred by the Commonwealth in
locating and/or removing the primary or secondary sponsored person from Australia.
The payment of costs will be required if the Minister for Immigration and Citizenship
has requested the payment by written notice. The sponsor is liable to pay the
Commonwealth the difference between the actual costs incurred by the Commonwealth
less any amount which may have already been paid under the obligation to pay travel
costs to enable sponsored persons to leave Australia. The maximum amount payable is
AUD10,000.

How long does this obligation apply for?
This obligation starts to apply on the day on which the primary sponsored person or
secondary sponsored person becomes an unlawful non-citizen. This obligation ends
5 years after the sponsored person leaves Australia.
However, the sponsor is only liable for costs incurred from the day the sponsored person
becomes an unlawful non-citizen up to the point when the sponsored person leaves
Australia.

Batgurl

Just went back to the website to refresh my memory as I had thought that there was some clause about rent but Mellor is right.

However, I did find this which is worrying

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

How long does this obligation apply for?

This obligation starts to apply on one of the following:
•on the day the skilled worker is granted a subclass 457 visa
•on the day the nomination for the skilled worker is approved if they already hold a subclass 457 visa.

This obligation ends on the earliest of one of the following:
•the day you pay the reasonable travel costs
•the day another sponsor has a nomination for the skilled worker approved
•the day the skilled worker is granted a further substantive visa (other than a subclass 457 visa). If they are granted another subclass 457 visa to continue to work for the sponsor, the obligation continues
•the day the skilled worker leaves Australia and no longer holds a visa.

So what the law is saying is that they have 30 days to pay for your flights but you have to be out within 28 days and once you leave they have no obligation towards you? Bit chancey no???

Mellor

Batgurl wrote: »

So what the law is saying is that they have 30 days to pay for your flights but you have to be out within 28 days and once you leave they have no obligation towards you? Bit chancey no???

The 30 days starts from when you request it, not when you stop working there. If you want to leave the job, or if you're let go. You'll give or get a few weeks notice, and request flight money at the same time.
So the 30 days starts before you have 28 days to leave.

The obligation no longer applies when you leave the country as you don't need flights home if you are already gone.

Batgurl

So the 28 days kicks in from your last day of paid employment?

Does that mean if you company hands you your months notice, you have 58ish days (30 days + 28 days) to either find another job or leave the country?

Mellor wrote: »

The 30 days starts from when you request it, not when you stop working there. If you want to leave the job, or if you're let go. You'll give or get a few weeks notice, and request flight money at the same time.
So the 30 days starts before you have 28 days to leave.

The obligation no longer applies when you leave the country as you don't need flights home if you are already gone.

Sorry about this bit as OT but does that mean that even if you choose to leave your job and thus your 457 visa, the company are still obliged to pay for your flight home?

eoindoyle_syd

You have 28 days to find a new employer. Not to leave the country.

Condition 8107
The new condition 8107 also makes it clear that if the person ceases employment, this can only be for a maximum of 28 days before the 457 holder is considered to be in breach of their visa conditions and subject to visa cancellation.

If you finish up a job on a 457 you notify IMMI on your final day. If you wish to stay you find a new sponsor or get a new visa (the employer's responsibility for flights home ends). If you wish to go home submit a written request to your old employer. They will pay your flights and if they don't just notify IMMI and I reckon they will pay them a nice visit or phone call.

Obligation: Pay travel costs to enable sponsored persons to leave Australia
You must pay reasonable and necessary travel costs to enable your sponsored workers and their family members to leave Australia. The skilled worker or their family must ask in writing. The department can also ask on their behalf.
The costs will be considered reasonable and necessary if they include all of the following:

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


Any yes, even if it is the employee's decision to leave the employer is responsible for flights (assuming there is no contract stating otherwise)

Mellor

Batgurl wrote: »

So the 28 days kicks in from your last day of paid employment?

It's starts when you leave the company. When did you think it started?

Does that mean if you company hands you your months notice, you have 58ish days (30 days + 28 days) to either find another job or leave the country?

Yeah, as long as you worked the notice period. You may not get a months notice though. It might only be two weeks.

Sorry about this bit as OT but does that mean that even if you choose to leave your job and thus your 457 visa, the company are still obliged to pay for your flight home?

Yeah. It doesn't matter how the 457 ends.