On a 457 and hate my job

brighteyes13

Hi All,

I dont really know what options (if any) I have open to me.

I am on a 457 visa sponsored in a HR role.
The position was rewarding, challenging and interesting until I got my sponsorship granted in Sept 2012 - and since then, things have changed drastically.

My managers attitude towards me changed almost overnight, following the visa confirmation. The breath of my job portfolio was tightened following this, and I became a glorified PA / Administrator for my manager. This is not the position I was sponsored for, I am in a Officer / Generalist position, but spend all day being her skivy.

I have spoke to her directly on a few occassions, to voice my concerns about my role, and my career progression. At those points she is full of apologies for not being as ''supportive'' as she could be, or for not providing the right amount information to me. She has promised me the moon and stars on all of these occassions, but nothing has changed.

I am working in an IT company, which do mining software products. Like most in the mining industry, things arent great at the moment and there is cost cutting going on all over the place. Between that, my lack of Australian Employment Law knowledge (have had various courses promised to me, none of which have come to fruititon) and being on a 457 - job prospects are bleak. Also, on one occassion, my manager made an off the cuff remark saying that I would have to be ''flexible'' to slot in anywhere in the business (be it as a admin assistant for a department, PA to a senior manager, while also doing my daily HR duties) in order to maintain the cost of keeping me. This was followed with, 'afterall, we have you sponsored to be here'. Inappropriate i know, my manager is one you could not challenge to a larger extend, I feel as if she thinks she has me where she wants me, and this is because of the 457 - and comments have been made to derive that fact.

I have been searching constantly for the past 4 months and while I have had interest in my CV, the minute they hear 457 - interest fades. I am really really really unhappy over here, and I know 80% of this is the position. Other than applying for PR - I am not sure if there are any other options avaiable.

Has anyone else found themselves in a similar positon?
Also, do any agencies take on 457s and then place you on contract work?

Sorry for the long winded post, but I am just so lost.
I do not know what to do. Right now, I feel very trapped and restricted, and just feel mislead in terms of accepting the 457 for something that hasnt fulfilled its initial promise position wise.

Thanks in advance.

DeclanClune

brighteyes13 wrote: »

Hi All,

I dont really know what options (if any) I have open to me.

I am on a 457 visa sponsored in a HR role.
The position was rewarding, challenging and interesting until I got my sponsorship granted in Sept 2012 - and since then, things have changed drastically.

My managers attitude towards me changed almost overnight, following the visa confirmation. The breath of my job portfolio was tightened following this, and I became a glorified PA / Administrator for my manager. This is not the position I was sponsored for, I am in a Officer / Generalist position, but spend all day being her skivy.

I have spoke to her directly on a few occassions, to voice my concerns about my role, and my career progression. At those points she is full of apologies for not being as ''supportive'' as she could be, or for not providing the right amount information to me. She has promised me the moon and stars on all of these occassions, but nothing has changed.

I am working in an IT company, which do mining software products. Like most in the mining industry, things arent great at the moment and there is cost cutting going on all over the place. Between that, my lack of Australian Employment Law knowledge (have had various courses promised to me, none of which have come to fruititon) and being on a 457 - job prospects are bleak. Also, on one occassion, my manager made an off the cuff remark saying that I would have to be ''flexible'' to slot in anywhere in the business (be it as a admin assistant for a department, PA to a senior manager, while also doing my daily HR duties) in order to maintain the cost of keeping me. This was followed with, 'afterall, we have you sponsored to be here'. Inappropriate i know, my manager is one you could not challenge to a larger extend, I feel as if she thinks she has me where she wants me, and this is because of the 457 - and comments have been made to derive that fact.

I have been searching constantly for the past 4 months and while I have had interest in my CV, the minute they hear 457 - interest fades. I am really really really unhappy over here, and I know 80% of this is the position. Other than applying for PR - I am not sure if there are any other options avaiable.

Has anyone else found themselves in a similar positon?
Also, do any agencies take on 457s and then place you on contract work?

Sorry for the long winded post, but I am just so lost.
I do not know what to do. Right now, I feel very trapped and restricted, and just feel mislead in terms of accepting the 457 for something that hasnt fulfilled its initial promise position wise.

Thanks in advance.

Hi BRIGHTEYES13,

Note that once you hand in your notice you have 28 days to either have a new 457 visa application lodged or else leave the country.

The position that company got nominated for by DIAC is the type of work that you should be doing.
That being said, you are caught because saying something like about your role may just result in they terminating your contract instead and your 457 being cancelled.

You need to keep looking until you find a company that will sponsor you. ONLY WHEN YOU HAVE A SIGNED CONTRACT FROM THE NEW COMPANY SHOULD YOU SAY SOMETHING TO THE ORIGINAL EMPLOYER !!

Alternative options:
Student visa - expensive and allows you to work up to 20 hours a week.
Employer Nomination Scheme (ENS) visa - gives you permanent residency and you have no further commitment once granted but it takes a few months to process.

Regards,
Declan Clune

Hasmunch

Declan just to clarify,

If i have have to give a months notice before i leave my job on a 457.. does the 28 days to either have a new 457 visa application lodged or else leave the country start form when i hand in my notice or the day i actually finish working for the company.

Thanks

mise_me_fein3

Stick it out for another 16 months and apply for PR

brighteyes13

Thanks for all your replies.

I know PR is the way to go, and i will have to do it via the skills assessment, so I would be looking at another 6-8 months and to be honest, I dont see myself lasting here for another 2 months. The work atmosphere is horrendus.

The only other option would be to pack it in and head home - which I am also considering and take the 28 days to travel east coast instead. I havent enjoyed my time here in the past 8 months, I have looked into roles at home and have had interest in my cv, so I suppose this could be option 2.

Appreciate the replies - thanks for taking the time

catbear

brighteyes13 wrote: »

The work atmosphere is horrendus.

The only other option would be to pack it in and head home - which I am also considering and take the 28 days to travel east coast instead. I havent enjoyed my time here in the past 8 months, I have looked into roles at home and have had interest in my cv, so I suppose this could be option 2.

Appreciate the replies - thanks for taking the time

Any chance of another sponsor? If not doesn't your current sponsor have to pay for your flight home if they fire you? Check it out, they'd soon fire you if you became a liability if you know what I mean.

brighteyes13

Hi Catbear, thanks for the reply.

Its a strange set up, so I am not sure if I would be entitled to the flight.

So the company I work for have previously provided 457 visas for employees who are overseas, or for new overseas employees to come work here. So all 457 visa holders (other than me) have come to Australia to specifically work for this company.

Me on the other hand - I came here on a WHV 417 in Mar 2012 and started temping for this company in Apr 2012 and then they sponsored me. I did not received the private health insurance that all the other 457 visa holders have (because of the reciprocal agreement i was told) so I figure, as they specifically didnt bring me to Aus to work for them, like they did with everyone else, I guess I wont be entitled to a flight. There is no written policy on this - so I am not sure if it is something I could argue - must look it up, never even factored that in.

Same as that, I did not receive LAFHA when I started for the same reason of 'not been brought to Australia' by them to work for them. Since LAFHA has been changed it doesnt apply to any other 457s, so at least it isnt another benefit I am missing out on!!

Legend100

Hi brighteyes, if they sponsored you, they are obliged to pay for the flight if you request them to in writing, it is a condition of the visa - it is not a HR issue of the company (no matter how they try to spin it to you)

catbear

Sounds like they'r making it up as they go along. Regardless of what they say they are your sponsor and are responsible for you currently being in Australia regardless of the route you took.
Here are the sponsors obligations directly taken from the IMMI website. http://www.immi.gov.au/skills/skillselect/index/visas/subclass-457/
Click the obligations tab.

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.

If they're really messing you around and you're happy to head home you can could inform IMMI that your sponsor is not meeting their obligations, as it stands IMMI are doing checks on visa compliance.
Edit to add: If your sponsor is not complying with the terms of the visa then IMMI can act on your behalf to get your airfare sorted. Just be mindful though that if you switch from the 457 to a tourist visa you probably lose the free flight option. So hopefully you'll get a good 28 days of sight seeing. Plus it says covering the cost of your flight home, you could choose an alternative route to take in some of Asia and pay whatever extra yourself. My wife and I may be doing this ourselves in Dec if the mining work completely dries, thankfully our sponsor knows their obligations.

Mellor

Hasmunch wrote: »

Declan just to clarify,

If i have have to give a months notice before i leave my job on a 457.. does the 28 days to either have a new 457 visa application lodged or else leave the country start form when i hand in my notice or the day i actually finish working for the company.

Thanks

28 days from when you cease working. Not when you hand in your notice.

DeclanClune

brighteyes13 wrote: »

Hi Catbear, thanks for the reply.

Its a strange set up, so I am not sure if I would be entitled to the flight.

So the company I work for have previously provided 457 visas for employees who are overseas, or for new overseas employees to come work here. So all 457 visa holders (other than me) have come to Australia to specifically work for this company.

Me on the other hand - I came here on a WHV 417 in Mar 2012 and started temping for this company in Apr 2012 and then they sponsored me. I did not received the private health insurance that all the other 457 visa holders have (because of the reciprocal agreement i was told) so I figure, as they specifically didnt bring me to Aus to work for them, like they did with everyone else, I guess I wont be entitled to a flight. There is no written policy on this - so I am not sure if it is something I could argue - must look it up, never even factored that in.

Same as that, I did not receive LAFHA when I started for the same reason of 'not been brought to Australia' by them to work for them. Since LAFHA has been changed it doesnt apply to any other 457s, so at least it isnt another benefit I am missing out on!!

Don't think that you can claim LAFHA now unless you have a second residence in Australia.

Clearly sounds like you are being taken advantage of and being fed a lot of horse manure in terms of your rights.

In order for the company to get approved as a sponsor, they agree to meet certain obligations with Immigration. This includes covering the cost of your flights. I would definitely read through that link and contact immigration on the matter.
If the company do not comply with their obligations, their sponsorship approval can be removed and they may have to pay fines.

Regards,
Declan Clune

brighteyes13

Thanks for all the messages.

I spoke to my manager yesterday and was very frank about how I was feeling (but professional) Unfortuanetly, she doesnt see my job portfolio changing much, particularly as there is an aquisiton going through, so I will be doing mainly Admin or PA work. Her words were, we all have to do what we have got to do, to pull thourgh the tough times. This is fair enough, and having worked at home since 2008 and throught he GFC, I know more than most in this office, how tough things can get - but Ive decided it is not worth the frustration, unhappiness or uncertainty of the role, and I run the risk of deskilling myself.

I have made the decision to go home, I have been checking out some opportunities in my field over in Dublin over the past couple of weeks, so I will be sure to give myself enough time to try and have something promising by the time I leave here. I have sent in a request for my return flight for the middle of July, based on the advice and the info on the immi page - so I appreciate this, and hope it yields a positive result.

All in all, I am glad I came and saw. One word of advice to anyone accepting sponsorship at the moment - be sure it is a position you see yourself being happy in. With the current market (some professions excluded obviously) it is tough to find something alternative at the moment, so be 100% positive that it is the right choice for you.

Thanks for all the advice

Legend100

Best of luck when you get home, let us know how you get on with the company covering your flights

catbear

I'm presuming you'll be stating that your work is not as stipulated on your visa when applying for flight expense. Best of luck.

JustAThought

I know you are very unhappy in your work but is the trade off with the lifestyle & having an income enough to keep you there?
Faraway hills etc - there are few jobs here in Ireland.

brighteyes13

JustAThought wrote: »

I know you are very unhappy in your work but is the trade off with the lifestyle & having an income enough to keep you there?
Faraway hills etc - there are few jobs here in Ireland.

Hey there,

I know people always think the grass is greener, but being honest, staying in a work environment like this would do more damage than good, irresspective of the lifestyle or money (and the money I am on here isnt much better than what I was on previously at home)

I am happy I came over, tried it, got international experience in the process, saw the country and now I am happy with my decision and happy to leave. On the bright side, at least I will have enough in the bank to see me through the job hunt when I do go back. I know it wont be easy, but I am willing to give it a bash - ive only been away from home anyway for 16 months, so I dont have any false or day dreamer ideals going back, I know what I am in for!