[gathering] dismissal, redundancy, close down business before PR granted, etc

[eccc]

Hi  everyone,  

I am posting this to gather people who under sponsor by their employer for 187/186 visa,  but soon experienced unfair dismissal, redundancy and business closed down during visa procession.

First of all, I would like to share my personal experience here. please click the report from SBS, link

I have done nothing wrong but will soon have to leave this country without entitlement paid(13k). I turned to FEG for help, however, since I am not a citizen, I would not able to claim any entitlement guarantee from the government. I did try appeal to AAT, but, without a nomination approval, the decision of visa refusal is affirmed.

 

I believe long processing time of visa, and shifty business and the immigration system failed us.  I have spoken to an officer of United Voice, and a journalist is interested in my story and who is in a similar situation to me, who are waiting to maybe to leave the country because sponsor visas have not worked out.  The Union and the journalist want to know the extent that this is happening. 

If you would like to voice for yourself, please leave a comment below. (you don't have to be named,  can stay anonymous). 

Thank you. 

Edited February 17, 2019 by eccc

[VERYSTORMY]

In think the biggest thing your case highlights is that anyone who goes on a temporary visa, must understand the chances are they are going home at some point, whether at the end of the visa or earlier. 

Businesses close / go bust and people are made redundant. The visa conditions of a temp visa are well known

[eccc]

23 minutes ago, VERYSTORMY said:

In think the biggest thing your case highlights is that anyone who goes on a temporary visa, must understand the chances are they are going home at some point, whether at the end of the visa or earlier. 

Businesses close / go bust and people are made redundant. The visa conditions of a temp visa are well known

3

I was not on a temp visa. I was on a bridging.  My point is the longer the visa processing takes the higher risk the applicant is facing. As we all know the processing time raise to 2 years at the moment and it was 3-4 months 3 years ago. 

I will only stay in Australia legally and I prepared to return. However, this system is not fair. The company can shut down without notice, and refuse to pay off redundancy.  The employees are the only ones to suffer.   I am clear that what I am doing is not helpful for my application. But I wish to voice for myself. 

 

 

 

[VERYSTORMY]

I see your point, but many visas now have very long processing times and a large number of occupations are very controversial for even being on the list, so are given a low priority. Also, a lot of these occupations attract a lot of people from counties that require a higher level security clearance. 

A bridging visa method is even a higher risk strategy to PR than a temp visa. A good migration agent should have informed you of that. Though, it is still a temp visa. 

A company going bust is never fair and it often means people don't receive their full entitlements regardless of status. All of these conditions though were/ or should have been known to you on deciding to go along with a high risk visa strategy. 

[Raul Senise]

12 hours ago, eccc said:

Hi  everyone,  

I am posting this to gather people who under sponsor by their employer for 187/186 visa,  but soon experienced unfair dismissal, redundancy and business closed down during visa procession.

First of all, I would like to share my personal experience here. please click the report from SBS, link

I have done nothing wrong but will soon have to leave this country without entitlement paid(13k). I turned to FEG for help, however, since I am not a citizen, I would not able to claim any entitlement guarantee from the government. I did try appeal to AAT, but, without a nomination approval, the decision of visa refusal is affirmed.

 

I believe long processing time of visa, and shifty business and the immigration system failed us.  I have spoken to an officer of United Voice, and a journalist is interested in my story and who is in a similar situation to me, who are waiting to maybe to leave the country because sponsor visas have not worked out.  The Union and the journalist want to know the extent that this is happening. 

If you would like to voice for yourself, please leave a comment below. (you don't have to be named,  can stay anonymous). 

Thank you. 

The current extremely long processing times for employer driven PR (186/187) are in my opinion very unfair as:

• They do not cater to natural changes in business structure, such as sale of a business;
   
• They punish the visa applicant for issues which are completely beyond their control, such as the financial stability of the business, the sale of the business, the insufficient training of staff or bad business practice by the owners;

Some media attention highlighting the unfairness of the process would be welcome, but unlikely to materialise.

 

[Madhav]

Immigration system is unfair, my 186 visa was refused in 2015 March but my colleague got approved by same employer, same documents, same balance sheet. 2 things were different my colleague was from UK and his case was processed in Perth and mine was in NSW.
They approved his nomination & refuse mine.

[Raul Senise]

11 hours ago, Madhav said:

Immigration system is unfair, my 186 visa was refused in 2015 March but my colleague got approved by same employer, same documents, same balance sheet. 2 things were different my colleague was from UK and his case was processed in Perth and mine was in NSW.
They approved his nomination & refuse mine.

I have seen this a number of times. The lack of consistency is a real issue.

[eccc]

22 hours ago, Madhav said:

Immigration system is unfair, my 186 visa was refused in 2015 March but my colleague got approved by same employer, same documents, same balance sheet. 2 things were different my colleague was from UK and his case was processed in Perth and mine was in NSW.
They approved his nomination & refuse mine.

That is sick.    I am sorry that happened to you.  

The system is so broken. 

[eccc]

On 18/02/2019 at 08:11, Raul Senise said:

The current extremely long processing times for employer driven PR (186/187) are in my opinion very unfair as:

• They do not cater to natural changes in business structure, such as sale of a business;
   
• They punish the visa applicant for issues which are completely beyond their control, such as the financial stability of the business, the sale of the business, the insufficient training of staff or bad business practice by the owners;

Some media attention highlighting the unfairness of the process would be welcome, but unlikely to materialise.

 

Exactly. 

The extremely long processing time for the visa is making all the applicant facing high risk. Plus the refuse rate is very high at the moment. The applicants are not under a fair go. 

The applicants are the only ones to lose.

[Vivien]

Count me in for this. I am stuck in the exact scenario. 

[Deedog]

Count me in. I applied RSMS visa 187 in 2016 but had to withdraw my visa due to the sales of business. So my new bosses continue to sponsor me but I had to start from scratch. So I applied 187 Visa again in Dec 2017. But they unfairly dismissed me recently.

It is so unfair that I cant do anything about my visa since it was unfair dismissal and it wasnt my will to quit the job. I am still holding bridging visa but chances are my Visa wont be granted. Not only I spent so much money but also my time too.