wheresdbeef Posted June 5, 2012 Share Posted June 5, 2012 Hi All I've always found this website to be an excellent source of information about the Immigration process whether it is where to live or what visa to get etc. there is plenty to read up on and help you make informed decisions. I did how ever have an issue earlier this year that I did find difficult to deal with as there was very little info online that related to my situation so I thought why not post up my experience on PomsinOz (actually a Paddyinoz ;p ) in the hopes it may be of some use to someone out there who may find themselves in a similar situation. I came to Oz in late 2010 on a working holiday not too sure what I was doing other than taking some time to explore and relax so spent the first four months travelling and picking up part time work as I went. During this time I started enjoying Australia so I started applying for jobs in the major city areas but with no luck so I started looking at regional areas around the country. A couple of interviews later I landed a job with a company and the promise of sponsorship and an 857 visa after passing a three month probationary period. I had lived in isolated parts of Ireland for a number of years and once or twice on my own so a figured two years would be a walk in the park. After the three month probation was over the visa process was quickly put in to motion and a migration agent hired to look after all the ins and outs and the visa was obtained in about three months (cutting the holiday visa 6 month working allowance pretty close, I might add). At this point I was beginning to become unhappy with where I was living. The town was too small, remote and I had made no real friends (that I could talk to) but still I thought I could make in through the two years. Six months into the visa (a year now in the regional area) I was very unhappy, had piled on weight and had started drinking heavy every night. After a three week trip overseas to see some friends and removing myself from the situation I quickly realised that I was not myself and deeply unhappy plus all my friends telling me I looked really unwell!! So I made the decision to start looking for another job in a more urban area, with more facilities and more people. This is when is ran in to the issue of trying to find out what to do about the 857 visa? There is very little information online except the vague treat that the visa may be cancelled if you do not comply with the conditions. Even the instruction that you must inform Immigration of any changes in your conditions online doesn’t even tell you what those conditions may be and who to contact in Immigration with the information. Also websites like pomsinoz had very little information on them. I wasn’t looking to get away with not completing the two years with the company in the regional area I was quiet happy to throw myself at the mercy of Immigrations decision making process and if the visa was cancelled well so be it at least one way or another I would be out of a situation that was really making me unhappy. So I emailed IMMI a number of times and then started ringing them and got passed around to different departments and sections as no one really knew how to answer my question. So I thought I’d make it simple and ask this question: What information do you need from me about changing my conditions and where within IMMI will I send that information? I ended up receiving SIX emails back none of which told me what information was needed or where to send it! But there was the vague treat that the visa maybe cancelled if I changed the conditions of the visa!!! (Like I didn’t already know that by now) So I contacted A migrant agent and had a long chat and I was informally advised to leave and change Jobs/area and if no one reports it that I would be fine. I didn’t much like this answer especially when the company I was working for had been good to me and had been audited over visas (An issue with a former employee) when I first started and were quiet dependent on oversea workers to fill skills gaps. I like the company itself and I didn’t feel right doing something that may end up having a negative impact on people that had only ever been good to me as an employee. So back to the drawing board! At this point I was getting a bit frustrated and I had found another job willing to take me on which was in an area that was a little better suited but still in a regional setting. The HR Manager in the new job was very helpful and did a lot of ringing around himself to see what would be the next course of action. The new employer also stated they would immediately set up a 457 visa if the 857 was cancelled (which was nice to know wasn’t going to be thrown out of the country). Eventually we got in touch with someone in Immigration (After three months of trying!!) who was willing to have an open and frank discussion, off the record, about the situation. Her advice was to not tell anyone I was moving and if I kept my head down then I could finish my last year and a bit of the regional two year requirement and every one would be none the wiser. I told her the company I was currently working for had been audited by the IMMI before over a similar incident, with someone on a 457 visa that they failed to report had left the business and that I didn't feel comfortable putting the company in a position where it may be possible for them to get in trouble with Immigration and have a knock on effect on their ability to sponsor workers in the future. Having taken that on board her next suggestion was to write a letter about why exactly I needed to change my conditions, get one from my current employer stating that were sorry to see me leave but supported me position and a letter from the new company saying they could offer me a permanent role in a regional area. This was to be posted to the "business office/unit" sorry can’t remember the exact title and once again the vague treat that the visa may be cancelled was put out there. Generally immigration don’t chase after 857 visas when you change conditions if you have completed one year of the visa, no one at your current employer has an issue and you are going to move to another regional area to finish out your time but these were “very” general guidelines. So quickly I assembled all the letters and posted them to the suggested office and then moved jobs/areas. That was three months ago and I have yet to hear anything back. Not exactly a clear cut process for anyone who is going through this and is pulling their hair out but I thought that reading about my experience with the process may at least show you that you are not the only one out there it is driving mad. It is vague, poorly understood by most people out there and it is very unlikely you will get a clear answer to any of your questions as things stand as the people making the decisions don’t really have any clear framework and guidelines to work with in. So my advice is if you are genuinely unhappy in your situation and only staying because of the fear that a 857 visa may be cancelled don’t just leave and try and stay close the spirit of the requirements of the visa and in most cases you will probably be just fine and if not you are still getting out of a situation that is not happy or healthy Link to comment Share on other sites More sharing options...
surflen22 Posted June 5, 2012 Share Posted June 5, 2012 Thanks for that. I already know I'll have to leave my employer before the 2 years is up due to a new recruit who has made my life hell. Its good to know it can be done and Immigration can be understanding. Link to comment Share on other sites More sharing options...
nicolac34 Posted June 5, 2012 Share Posted June 5, 2012 Thanks for sharing your story, I've just had my 857 granted and it's been at the back of my mind 'what if I can't stick the two years?' from more of a employer point of view rather than an area point of view! I'm determind to try though. Would be interested to know if anyone has any dealings with maternity and the 857? So if we decided to have children in the next 2 years would I be seeing my 2year contract out on maternity leave or would I have to come back to complete the required tme afterwards? Link to comment Share on other sites More sharing options...
wheresdbeef Posted June 5, 2012 Author Share Posted June 5, 2012 Hi Nicolac34 This is a common miss understanding with the 857 visa. It is not with you and the employer it is with you and the Immi. You and the employer need to be able to show that there is two years perminent work to the Immi to get the visa granted there is not requirement to the company to complete two years continual work with them. so if you, say for example, got pregant twice during this time and say only worked a couple of weeks for the company but were under the employ for a two year period you have completly satisfied the requiremtns of the visa as far as the IMMI are concerned. Not that I'm suggesting that as a possible solution Though in those quieter regional areas there isnt a lot to do... haha Link to comment Share on other sites More sharing options...
nicolac34 Posted June 5, 2012 Share Posted June 5, 2012 Hi Nicolac34 This is a common miss understanding with the 857 visa. It is not with you and the employer it is with you and the Immi. You and the employer need to be able to show that there is two years perminent work to the Immi to get the visa granted there is not requirement to the company to complete two years continual work with them. so if you, say for example, got pregant twice during this time and say only worked a couple of weeks for the company but were under the employ for a two year period you have completly satisfied the requiremtns of the visa as far as the IMMI are concerned. Not that I'm suggesting that as a possible solution Though in those quieter regional areas there isnt a lot to do... haha I thought that was probably the case, would be very tricky to enforce working for a company for two years if you took time off to have a baby. The plan is to start thinking about a family after Christmas, so by the time I went on mat leave I would have worked for the Company for two years (18 months on the 857) which I think would be sufficient, and I'll still be employed by them and would probably return after leave anyway. Link to comment Share on other sites More sharing options...
wheresdbeef Posted June 5, 2012 Author Share Posted June 5, 2012 Well congratulations on making the decision to start a family thats great and to be honest I cant think of a better place for a kid to grow up than regional Australia, what a life style Link to comment Share on other sites More sharing options...
Guest Uptown Posted June 25, 2012 Share Posted June 25, 2012 Thank you for sharing your experience. I went through a worse phase my life and the 857 obligation made life a hell. I got a sound advice from a Immi agent and resigned from my job 9 months into the RSMS visa . I have not contacted Immi and have no intention and my employer gave me a relieve letter. I strongly feel Immi does not bother if the employee & employer have no issues terminating their contract and the visa holder would be safe to seek employment in a regional area for the balance of period . Some visa holders having genuine reasons may quit if they had enough! Link to comment Share on other sites More sharing options...
Guest Uptown Posted June 25, 2012 Share Posted June 25, 2012 Thanks for sharing your story, I've just had my 857 granted and it's been at the back of my mind 'what if I can't stick the two years?' from more of a employer point of view rather than an area point of view! I'm determind to try though. Would be interested to know if anyone has any dealings with maternity and the 857? So if we decided to have children in the next 2 years would I be seeing my 2year contract out on maternity leave or would I have to come back to complete the required tme afterwards? congratulations on yr plan. LEAVE WITHOUT PAY is treated as continuance of employment and is counted.So your maternity paid/unpaid would be counted for the 'period of employment'. Link to comment Share on other sites More sharing options...
Guest jacob88 Posted July 3, 2012 Share Posted July 3, 2012 So immi doesnt track you that if u leave ur job b4 2 years and ur employer is happy? Link to comment Share on other sites More sharing options...
rocky123 Posted October 16, 2012 Share Posted October 16, 2012 what happens if you leave early and move to a city? i would have been working for the company 2 and 1/2 years in total 18 months on 857? dont think i can take anymore Link to comment Share on other sites More sharing options...
wheresdbeef Posted November 19, 2012 Author Share Posted November 19, 2012 Just an update for any one who has been following this thread, my new employer has been contacted by the visa cancellations unit. So far just to ask if i work there still. I will keep this thread updated as more information comes in. Link to comment Share on other sites More sharing options...
blossom Posted November 19, 2012 Share Posted November 19, 2012 That is very I interesting. I predict immigration are going to get a bit tougher with the two year thing once they have got the backlog of applications through. So I reckon you did exactly the right thing. I noticed on my visa grant the even wanted informing when you move address on that visa, so if you told them about changing jobs there isn't much more you could do. Good luck Link to comment Share on other sites More sharing options...
wheresdbeef Posted December 4, 2012 Author Share Posted December 4, 2012 Hi All Two weeks since the Cancellations Unit contacted my employer and so far nothing else to report. I go on leave at the end of the week for Xmas only hope I am allowed back in the country in the new year! I will update in another two weeks. Link to comment Share on other sites More sharing options...
wheresdbeef Posted December 5, 2012 Author Share Posted December 5, 2012 Immigration must be reading this thread cause is just got an email from them. The Cancellations Unit are making some enquires into the move and wanted to know was I still working for my new employer and was I still based in a regional area. So far no formal process to cancel my visa has been commenced. Fingers crossed Link to comment Share on other sites More sharing options...
rocky123 Posted February 7, 2013 Share Posted February 7, 2013 any news? Link to comment Share on other sites More sharing options...
N7kkp Posted February 7, 2013 Share Posted February 7, 2013 Good luck wheressbeef, i just think you have been so open and honest with your intentions from the beginning and asked for advise, what more can they expect? I just hope the person reviewing the information isnt a stickler for rules and decides for the worst. Even though all reasons are fair and genuine and they can sympathise, in the end the visa conditions were not fulfilled and so the only decision could be to cancel. Link to comment Share on other sites More sharing options...
wheresdbeef Posted February 8, 2013 Author Share Posted February 8, 2013 It appears that there is going to be no further action taken :biggrin: I am on the straight and narrow. come August i'll be a resident with no restrictions :cool: Link to comment Share on other sites More sharing options...
Justinroy Posted March 7, 2013 Share Posted March 7, 2013 So I am on the 857 in a similar situation. Basically my boss has ran out of work for me, I have had 2 days off without pay, even though I am on a contract and also being on salary. I have been sponsored with the employer for a year but now I really want to move to Sydney. Surely I can't be obliged to wait for him to find work?? I'm hoping that he is a fair guy and will let me know but a little bit worried that immigration will come knocking later! Any info would be great. Link to comment Share on other sites More sharing options...
blossom Posted March 7, 2013 Share Posted March 7, 2013 So I am on the 857 in a similar situation. Basically my boss has ran out of work for me, I have had 2 days off without pay, even though I am on a contract and also being on salary. I have been sponsored with the employer for a year but now I really want to move to Sydney. Surely I can't be obliged to wait for him to find work?? I'm hoping that he is a fair guy and will let me know but a little bit worried that immigration will come knocking later! Any info would be great. He has agreed to employ you full time and pay you at that rate for two years. He isn't keeping his end of the bargain if he is making you take unpaid leave. If he were to make you redundant due to lack of work that would not be your fault. Link to comment Share on other sites More sharing options...
Justinroy Posted March 7, 2013 Share Posted March 7, 2013 He has agreed to employ you full time and pay you at that rate for two years. He isn't keeping his end of the bargain if he is making you take unpaid leave. If he were to make you redundant due to lack of work that would not be your fault. So my employer has agreed to write me a letter confirming that there is no more work and I have it in writing from the immigration agent that states if the work isnt there, I am free to leave. Do i need to submit these two item to immigration? or do I just keep it handy so that if the immigration come knocking I have the paper work to show them? Thanks for your help! Link to comment Share on other sites More sharing options...
blossom Posted March 7, 2013 Share Posted March 7, 2013 So my employer has agreed to write me a letter confirming that there is no more work and I have it in writing from the immigration agent that states if the work isnt there, I am free to leave. Do i need to submit these two item to immigration? or do I just keep it handy so that if the immigration come knocking I have the paper work to show them? Thanks for your help! Check what your visa approval letter says. Mine doesn't say I have to inform them, but does say I have to work there for two years, other people's say they have to inform immigration if they leave. I think I personally would be insisting that he officially made me redundant, rather than just a letter. Link to comment Share on other sites More sharing options...
fqyyy Posted March 7, 2013 Share Posted March 7, 2013 I would say, thanks mate Link to comment Share on other sites More sharing options...
ance Posted May 20, 2013 Share Posted May 20, 2013 hi everybody, my situation is a bit different.. I have just finish 14 months with my 857 visa...few more to go... I would like to know what will it happen at the end? do I have to contact immigration or they will contact me? or I will become a resident automatically without any more paperwork and without having to deal with the government?!? is there anybody who actually completed the 2 years who could tell me what will it happen? thanks a lot Link to comment Share on other sites More sharing options...
nicolac34 Posted May 20, 2013 Share Posted May 20, 2013 hi everybody, my situation is a bit different.. I have just finish 14 months with my 857 visa...few more to go... I would like to know what will it happen at the end? do I have to contact immigration or they will contact me? or I will become a resident automatically without any more paperwork and without having to deal with the government?!? is there anybody who actually completed the 2 years who could tell me what will it happen? thanks a lot I haven't got there yet, but nothing will happen. You're already a permanent resident so there's nothing for them to contact you about or send you - you're just free of the obligation to live and work in a regional area for that specific employer. You don't need to do anything, just carry on as normal! Link to comment Share on other sites More sharing options...
ance Posted May 21, 2013 Share Posted May 21, 2013 I haven't got there yet, but nothing will happen. You're already a permanent resident so there's nothing for them to contact you about or send you - you're just free of the obligation to live and work in a regional area for that specific employer. You don't need to do anything, just carry on as normal! thanks nicolac...so..as soon as I finish my 2 years, like the next week I can just give notice to my boss and leave?!?how long do you have to do until you reach the 2 years? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.