457 - leaving Australia, what to do ?

[ozzyhopefull]

Hi all.

I am in the process of making the decision to resign and move back to South Africa but want to find out about some more information.

1) What do i do with a my mobile contract as i have 12 months left to go on it ?

2) i have bought a car and am still paying it off, do i just hand it back to finance company or what ?

also is my sponsor still obligated to pay for my return ticket if i resign.

Any help would be appreciated

[chzaau]

I guess you could drive to the airport and just leave the car in the parking lot, there is not much they can do about it. With regards to resigning, from what I have seen the answer is no regarding the flights. You are breaking a contract with the employer and not the other way around. Your employment contract does it contain any clauses in it regarding if you must pay them back any money if you break the contract within a period of time ?

Some people have just booked tickets back, flown back an then notified the employer when they are out of the country that they are no coming back.

Just be warned that there is a high likelihood that you may have difficulty obtaining other visa for Australia in the future, so be really certain that this is something you want to do.

Out of interest what is your reason for wanting to runaway ?

Edited July 3, 2013 by chzaau

[ozzyhopefull]

its due to family related issues that i have to help out with back home.

[HadEnoughofJuju]

The cell phone contract will have a buy out option which means you will need to pay the cost of the phone for the remainder of the contract. As for the car I suggest you go to the place you bought it and just be straight up with them and find out what your options are.

The answer to the flights thing would be a no because you are ending the contract but as suggested check that you are not going to be held liable for the visa costs if you do resign.

If you leave debt behind in Australia and it gets handed over to a lawyer for collection and you ever decide to come back you are going to have a very hard time getting a visa again.

You need to be absolutely sure that this is something you want to do because it may not be something that can easily be undone later. It's a tough one when family are involved.

[MarkSalter]

Keep your options open to go back to Aus, leave everything on good terms.

1. Settle the cell contract or maybe a friend can take it over

2, Sell the car or speak to the bank who may be able to settle it via auction

3. Be straight up with your employer, do not burn any bridges, who knows they may still assist you.

[21yearsoutofrsa]

Both your mobile and car finance issues will be covered by the non payment clauses and termination of contract clauses in the contract you entered into.

Your employer is liable for your return ticket. From the Australian government point of view it is not about fairness, it's about getting non visa holders out of the country.

http://www.immi.gov.au/skilled/skilled-workers/sbs/sponsors.htm

Pay travel costs to enable sponsored people to leave Australia

You
must pay reasonable and necessary travel costs to enable the person
you have sponsored and their family members to leave Australia. The
person or their family must ask in writing for you to pay the costs. We
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 their place of departure from Australia
• travel from Australia to the country (for which the person holds a passport) specified in the request
• economy class air travel or, where that is not available, a reasonable equivalent.

Travel costs must be paid within 30 days of receiving the request.

This obligation starts on the day:

• the visa is granted (if the person does not already hold a visa in this subclass)
• your nomination is approved (if the person already holds a visa in this subclass).

This obligation ends on the day (whichever is the earliest):

• another sponsor has their nomination application for the same person approved
• the person you have sponsored is granted a further substantive
  visa of a different subclass to the one they last held, and their new
  visa does not require them to work for you
• the person you have sponsored has left Australia and the relevant visa (and any subsequent bridging visa) is no longer valid.

Edited July 3, 2013 by 16yearsoutofrsa

[NickyDT]

I fully agree with MarkSalter , don't ever burn bridges.

Leave the country on good terms.

[TeeTMI]

The answer to your question with regard to flights is that the employer has a sponsorship obligation to pay the reasonable cost of return flights home for visa applicants that they have sponsored - if you request them to in writing (there are a few requirements e.g. must be done before you leave the country).

[Stepchook]

This obligation ends on the day (whichever is the earliest):

• the person you have sponsored has left Australia and the relevant visa (and any subsequent bridging visa) is no longer valid.

A 457 visa is valid for a specific employee working in a specific role for a specific sponsor. If an employee resigns from that role, the visa will no longer be valid and the sponsor's obligation ends.

[AndreaL]

Have you thought of speaking to your employer and telling them you have a family issue in RSA?

I suppose you have to ask yourself, do you want to live in Australia again? If so do everything you can to do things the proper way. If you could get a month off work to go and sort things out, would that help?

I'm not sure of the circumstances and what other family you have back in RSA that could be helping with this issue, but try not to mess up your future because of responsibility for others.......sounds harsh I know.

The other thing is if you di things this way, the employer may not hire any other foreign workers.

I would say to approach them at least, and if they are not willing to at least allow you time off to sort things out then you can tell them you will have to resign.

[Lyn]

Is the family issue an ongoing thing ? I don't mean to be a sticky beak. But I agree with AndreaL - speak with your employer first and advise them what is going on back home. They very well may give you a leave of absence to sort it out.

I would contact my service provider and finance company - as only they will know the legal ins and outs

As for your employer paying for your return ticket, unless it was stipulated in your contract that it could be terminated at any time from either party and they would pay to return you to RSA - I cant see it happening.

I would leave Australia with a good name. Even if I had to be out of pocket. Whether I was planning to come back or not.

[patrice]

my 2c worth ->

I agree that one should never close any doors behind one.

Not knowing the circumstances, I ask, have you considered all options, my thinking is for example (an idea only, not advice)

If you need to go back to look after and / or support an aged parent, then have you considered to try to bring them to Aus instead of you going back. I think there is (or was) a visa where one can do this, if there is no other family in SA to look after them - something based on balance of family???.

Just a thought , although if this is relavant you would need to research this thought or ask an expert.

gOOd LucK

paT

[Stell]

Yup do it all the right way, you will feel better and so will ALL Africans here - don't want to give us a bad name ! Good luck in sorting things out.

[HadEnoughofJuju]

The answer to your question with regard to flights is that the employer has a sponsorship obligation to pay the reasonable cost of return flights home for visa applicants that they have sponsored - if you request them to in writing (there are a few requirements e.g. must be done before you leave the country).

Would this hold true if someone was to break the contract by resigning early and would the visa holder not also be liable for the cost of the visa?

[21yearsoutofrsa]

Would this hold true if someone was to break the contract by resigning early and would the visa holder not also be liable for the cost of the visa?

Yes. The idea behind the requirement is to ensure the now non 457 visa holders leave the country. It only doesn't work when the employer goes into liquidation. The DICA are also allowed to request the payment of these costs.

One of the risks an employer takes on when hiring people on 457's.

[Riekie]

Speak to your employer, as others suggested. Maybe you could work something out to attend to your family issues and then return. Don't make a hasty, irreversible, emotional decision which you may later regret. You could even call DIAC and ask them what your options are. Think about it and weigh up all your options and seek advice before you decide. Good luck - it must not be an easy situation to be in.

[Lynnie]

This must be extremely hard for you... Sit down and weigh all your options - write them down and try to work out what would be the best solution (keep the future in mind - don't burn your bridges here).

Good luck

[Brad76]

The other thing is if you di things this way, the employer may not hire any other foreign workers.

I have to agree. The situation may completely put this particular employer off sponsorship and deny somebody else the opportunity to live, work and play in Aus in the future! If I were an Australian employer and someone I sponsored just packed up and left I'd most certainly generalize (yes, I know it's wrong), and be very careful when it comes to employing South Africans in the future!

Perhaps you should discuss your situation with your employer, you may be lucky enough for them to keep the door open for you to return once you've sorted your situation out!

[Ajay]

I agree with everyone else, and can confirm (as a migration agent) that the employer is liable to pay for your return travel regardless of who is breaking the employment agreement - it's a sponsorship obligation. However, you must request it in writing.

The point about turning employers against hiring foreign nationals is a good one too. I have two clients who have been burned by South Africans in the past and they will no longer sponsor them as a result. They focus their international recruitment activity (if the need arises) on the UK and Philippines instead, as they perceive the risk to be lower.

Good luck with your decision, these kinds of things are never easy

Ajay

[Bams]

Sjoe, this must be so hard for you guys. I wont add my 2cents, think you have lots of opinions already. I will however pray for you guys and that you make the right decisions.

Good luck and please keep us posted.