Prakash1 Posted July 6, 2019 Share Posted July 6, 2019 Hi, I have applied for 482 visa after completing my 457 short term visa on 4 july(2 years) path way to 186 visa. In between my 2 years period I took 2 weeks unpaid holiday in each year, I did not get any paid holiday from my employer. Does it effect to apply 186 visa. What are the requirements can you please suggest me. thank you Quote Link to comment Share on other sites More sharing options...
Ross1988216 Posted July 10, 2019 Share Posted July 10, 2019 Yes it may, as you cannot count period of unpaid leave. Happy for you to PM me Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 11, 2019 Share Posted July 11, 2019 Prakash, is there any legitimate reason your employer has not given you any paid leave? Quote Link to comment Share on other sites More sharing options...
Prakash1 Posted July 12, 2019 Author Share Posted July 12, 2019 Thank you for your concern, Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482 it is on process. When can I apply for 186 should I need to cover the leave I have taken on my 457. Please suggest me thank you in advance Quote Link to comment Share on other sites More sharing options...
Prakash1 Posted July 12, 2019 Author Share Posted July 12, 2019 On 10/07/2019 at 22:01, Ross1988216 said: Yes it may, as you cannot count period of unpaid leave. Happy for you to PM me Thank you for your concern, what is the possible way to overcome my unpaid holiday. thank you again Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted July 12, 2019 Share Posted July 12, 2019 25 minutes ago, Prakash1 said: Thank you for your concern, Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482 it is on process. When can I apply for 186 should I need to cover the leave I have taken on my 457. Please suggest me thank you in advance Why would you agree to unpaid leave? Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted July 12, 2019 Share Posted July 12, 2019 1 hour ago, Tulip1 said: Why would you agree to unpaid leave? Surely that is between him and his employer, and irrelevant now as it's in the past. Does anyone know if this is going to cause him issues now though? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted July 12, 2019 Share Posted July 12, 2019 8 minutes ago, Ausvisitor said: Surely that is between him and his employer, and irrelevant now as it's in the past. Does anyone know if this is going to cause him issues now though? I’m not sure if it will cause any issues, maybe it will depend on whether thats allowed and it’s all above board. If you don’t know whether it will cause any issues how can you state it’s irrelevant? Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted July 12, 2019 Share Posted July 12, 2019 1 hour ago, Tulip1 said: I’m not sure if it will cause any issues, maybe it will depend on whether thats allowed and it’s all above board. If you don’t know whether it will cause any issues how can you state it’s irrelevant? The question you asked was "Why would you agree to ..." - that is between the poster and their employer - the fact it may cause issues is relevant the why they agreed to it is irrelevant Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 14, 2019 Share Posted July 14, 2019 On 12/07/2019 at 15:17, Prakash1 said: Thank you for your concern, Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482 it is on process. When can I apply for 186 should I need to cover the leave I have taken on my 457. Please suggest me thank you in advance You cant just agree to not be paid annual leave as this is an entitlement under Fair Work provisions. On 12/07/2019 at 15:21, Prakash1 said: Thank you for your concern, what is the possible way to overcome my unpaid holiday. thank you again There are two issues which will need to be addressed. The unpaid leave period will need to be deducted from your qualifying period for PR, as it does not count. The other issue is that you have been paid below the nominated salary and below TSMIT. You should seek professional advice as this is not a simple issue which can be addressed on a public forum. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 14, 2019 Share Posted July 14, 2019 On 12/07/2019 at 17:22, Ausvisitor said: Surely that is between him and his employer, and irrelevant now as it's in the past. No its not. Employers can't just agree to not pay entitlements which staff are entitled to under Fair Work requirements. It is still very relevant to the Permanent Residency application. On 12/07/2019 at 17:22, Ausvisitor said: Does anyone know if this is going to cause him issues now though? Yes, it could potentially cause very serious issues for both the employer and the employee's eligibility for Permanent Residency. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 14, 2019 Share Posted July 14, 2019 On 12/07/2019 at 17:22, Ausvisitor said: Surely that is between him and his employer, and irrelevant now as it's in the past. Does anyone know if this is going to cause him issues now though? It's going to cause huge issues unfortunately, because the employer has broken the law in paying him below the legal limit and not giving him paid annual leave, which all permanent employees are entitled to. Unfortunately in this case, that impacts the employee as well as the employer because if the employer breached his obligations for the first visa, you'd question whether Immigration would approve a second one. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 15, 2019 Share Posted July 15, 2019 On 12/07/2019 at 15:17, Prakash1 said: Thank you for your concern, Me and my employer agreed for the not paying for my paid leave he only pay my full salary and superannuation. As per my period of 457 I only took 4 weeks leave, and I did not get any pay for it. At the end in my PAYG it only shows 51k instead of 54k. After completing my 2 year of 457 I applied for 482 it is on process. When can I apply for 186 should I need to cover the leave I have taken on my 457. Please suggest me thank you in advance You and your employer cannot simply agree that he won't meet his legal obligations. You are legally entitled to 4 weeks paid leave per year: https://www.fairwork.gov.au/ArticleDocuments/723/visa-holders-and-migrant-workers-workplace-rights-and-entitlements.pdf.aspx Quote Link to comment Share on other sites More sharing options...
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