Help Needed Urgently For Ict Please

[DuneSurfer]

Dear All,

Thank you for reading. I came over to Australia last year May to work for a small family company on a 457 visa as a "hardware technician". Obviously promised the earth and moon to get me over. Ive set myself up after great struggle to get my own place and car. I worked like we are known to work to make an impression on this family only to be made redundant just before xmas. They just seem to wanted to get someone in to do their dirty work, and once finished dropped me like a hot potato. Probably main reason they got a foreigner as i got the idea no Australian wanted to work for them. Needless to say this whole affair left a sour taste in my mouth. Both me and the employer informed immigration of our situation so they are aware of me. Im now in a bad situation where I am past my 28 days and haven't heard back from them yet but im dreading for the letter. I live in ACT and managed to get a job. Twice. In the interview I told them Im on a 457 work permit. Not a problem they said. Later I was offered the job and got a contract and start date. Quite happy i waited my two weeks to start. On the day I managed to work half a day, only to be called in by HR and told they cannot "sponsor" anyone. All they had to do was take over my visa. A straight forward process that would have cost them if they were not registered no more than about $300. This would have been extremely sad, if it wasn't so funny, when it happened the second time too with another company. I got to the realisation HR in ACT have no idea what to do with a 457 work permit. I was even told by HAYS International i am wasting my time in ACT with IT jobs. You see ACT is a government capital state with government organisations. If you work in IT you need security clearance. In order to get security clearance you need to be an Australian citizen. Yet, the weirdest thing is my occupation is part of those in demand in ACT, but foreigners can forget it. I just don't get these people and how they work. Lekker agsterstevoor.Im out of options, out of money and past fed-up.

So this is an urgent request from a fellow SA-can to please help me if they can.

The occupation I can get into is anything with ICT Customer Service / Officer / Hardware technican / Support etc. My visa was till 2015. I have more than 10 year IT experience and a degree from an international university.

If there is also any recruitment agencies that can help me it would be a first for me. So far nobody in ACT is willing to help which I find very strange. ACT is not immigrant friendly. I am willing to relocate to other places should i find a job.

If anyone can help please get in touch. I gladly hear from anyone with tips or opportunities.

Thanks

[Riekie]

The 457 visa system is the most abused visa system in Australia - unfortunately . Sadly, you were the victim of the typical dodgy sponsor. I don't have any job ideas for you, but maybe start looking outside of ACT for a company to take over your visa. If you are willing to go rural, they are in dire need of ppl with skills as so many ppl are moving to the cities. Check out the council websites for sponsorship opportunities in their shires. In the meantime, lodge your own skilled visa application as that would give you a bridging visa with workrights to tie you over until you land another sponsor or until your PR is approved. If you overstay your visa without another pending visa application, you may find yourself kicked out with a 3 year exclusion period.

Hang in there and stay positive. Do what it takes to stay - if that means living in a little town in the middle of nowhere for a while, then do it. Good luck!

[Jordy]

As Riekie has implied you may have put yourself in a very bad position by overstaying your 28 days, that is if the 28 days has been past. Do your know what your exact status is regards your current 457? Did you receive communication that you have to leave by a said date? I would encourage you to approach DIAC and not wait for them to send you a letter. AFAIK, being made redundant does not automatically cancell the 457 but you would need to work through that with DIAC. If I was in your position I would get a migration agents opinion quickly.

I personally know of a family that just waited and never heard anything until suddenly out of the blue they received the letter which said that they had 3 days remaining to leave the country and DIAC had not had confirmation of flight departure plans as requested in DIAC's first letter. The family claim they never received the first letter but that meant nothing to DIAC. If they overstayed they would face the automatic 3 year exclusion so it was a flat panic to get out. Try pack up a house, sell cars and so on in 3 days. Luckily they did it and about a year later they were back on a valid visa.

The other comment I have is that I am surprised that you started a new job on your current 457. Am I wrong in thinking that one has to have the 457 transferred (a new application) to the new company first?

[DuneSurfer]

Thank you.

I have proof that I contacted them but it is worrying as what you describe is what I am afraid of. However i heard they are quite lenient towards people that lost their job, not to their own doing. What I also understand is because it is just before xmas, most business were closed so trying to find a job is near impossible and immigration is aware of this. As I also understand they will send you a letter, and you have to give reasons why you need a bridging visa. My circumstances are good enough reason but of course not set in stone. Another agent mentioned my employer has a lot to explain. My money is exhausted to pay for anything else other than to pay for rent and living expenses. No income.

I started my skills assessment and send away my paperwork. Im planning to apply for a 176. But it's offshore and i need to be out the country. Another problem is some people tells me it takes 3 months to a year. So the problem is where do i go for this time? If it was two weeks NZ would have been an option. I already spend money on this 457 visa to get here. Plane tickets and setting up home. How the heck am i supposed to leave (other than my ex employer paying) go where? do what? with what money? Im in a worse position when i leave than when i arrived.

I looked at councils. Regional areas but no luck. I would love to live in a rural area. ICT jobs were plenty with the start of the new year.

With the job I did not who how HR does it. I was under the impression they contacted immigration and did something as they said, "no problem". It only dawned on me the day i started these guys did not do anything.

As Riekie has implied you may have put yourself in a very bad position by overstaying your 28 days, that is if the 28 days has been past. Do your know what your exact status is regards your current 457? Did you receive communication that you have to leave by a said date? I would encourage you to approach DIAC and not wait for them to send you a letter. AFAIK, being made redundant does not automatically cancell the 457 but you would need to work through that with DIAC. If I was in your position I would get a migration agents opinion quickly.

I personally know of a family that just waited and never heard anything until suddenly out of the blue they received the letter which said that they had 3 days remaining to leave the country and DIAC had not had confirmation of flight departure plans as requested in DIAC's first letter. The family claim they never received the first letter but that meant nothing to DIAC. If they overstayed they would face the automatic 3 year exclusion so it was a flat panic to get out. Try pack up a house, sell cars and so on in 3 days. Luckily they did it and about a year later they were back on a valid visa.

The other comment I have is that I am surprised that you started a new job on your current 457. Am I wrong in thinking that one has to have the 457 transferred (a new application) to the new company first?

[Riekie]

As far as I know, your employer is supposed to pay for your flight to leave the country if they let you go prior to your visa expiry (so much have changed since I last worked with it, so I may be wrong...). Rather leave and re-apply than get the 3 year exclusion. That's one option.

You don't seem to know how the 176 work - you could be in the country to apply but should be out of the country for grant and this may take quite a while. If you are not currently overstaying your visa, by applying for another visa, you can remain in the country and legally work while your application is being processed - no matter how long that takes. That's another option.

If you are currently overstaying your visa, you are not in a good place BUT you still have a better chance of getting another visa if you go to them and fess up than being caught out and thrown out.

Also, I would not be working illegally on an expired visa - that will not look good at all.

My advice is that yuou contact DIAC, come clean, find out where you stand and what your options are. You are right, they are sympathetic, but they can not bend the rules. Immigration is a law, not a guideline, and they are very limited as to the decisions they could make out of symathy.

I feel for you - hope everything works out for you. Let us know how you go.

[Deanne]

Hi Dunesurfer

Go check out www.austjobs.com

It is a site to link people needing sponsorship with employers willing to sponsor. I've noticed a lot of IT positions advertised over the past few weeks.

Good luck

D

[Cramer]

DuneSurfer I sent you a PM

Wade