457 and the applicant costs

[Slater]

Hi. I hope someone here can put my mind at ease. 

 

I have been offered a job in Sydney by a construction company that has said they are willing to sponsor my visa. 

That was really great until I had a Skype meeting with the facilitating migration company. 

They have asked me to pay their professional fees $2000 as well as the visa (DIBP) costs which in my case is close on $3000 ( includes wife and 3 kids). 

Is this right/normal? I have read conflicting reports on the DIBP website on what cost may be passed onto the applicant. 

 

Any my advice and or tips are welcome. 

 

Thank you

 

graeme

[Guest]

Completely agree with Mara and RYLC. Don't assume in your haste to get of of SA that all OZ companies will do right by you, and that this is a legitimate offer. We have had friends who have been through this process with a company on a 457 and they were completely messed around with, then made redundant. Very fortunately he managed to get another company to sponsor him but it was a hellish wait for all the family and not something you want to experience. If the company wants you they should pay and If they don't they are showing their true colors already. Don't touch them!!

[Alchemist]

Thats quite a lot considering i paid 80k for my 189 visa. There really isnt a lot of admin on their side for a 457 and relocating on a 457 is risky. This company is already saying one thing and doing another. If you are in construction, i suggest applying for your 189 rather than moving your family on a 457 that could be too risky.....Have a frank discussion with this company making the offer.....

[RYLC]

The sponsor has to pay ALL costs of the visa and it is a requirement of being a sponsor.  What they are proposing is against the rules.

 

Quote

 

Since 1 July 2013, in addition to the existing requirement not to recover certain costs, sponsors cannot transfer or take any action that would result in another person paying those costs.

Specifically, sponsors must not pass on the following costs:

•  sponsorship and nomination charges
•  migration agent costs associated with the lodgement of sponsorship and nomination applications
•  administrative costs and any sundry costs an employer incurs when they conduct recruitment exercises.

Sponsors fail this obligation if they pass or transfer these costs to others and the department may take actions such as barring or cancelling the sponsor from using the program, issuing an infringement notice, inviting the sponsor to enter into an enforceable undertaking or applying to a court for a civil penalty order.

 

 

http://migrationblog.border.gov.au/2013/12/10/457-sponsors-pay-your-own-way/

Edited May 20, 2016 by RYLC

[WayneACT]

In this situation, isn't it a case of you either contribute or the job is not available to you. Pointless taking them to task as you are just shooting yourself in the foot. What you can take from this is get all the facts, determine if you are happy with them, and apply or don't apply. On a 457 visa you will always be on the back foot if you planning for a long stay in Aus.

[Mara]

I would definitely just let it go.... if this is how they are going to start off.... then perhaps let that be a lesson to you of how you will be treated once you start work for them. I would also rather wait and get a 189, then you would at least have permanent residence and not be tied to an employer that is going to treat you as they appear to be doing.. My vote is definitely NO... run, as fast as you can!

Edited May 21, 2016 by Mara

[RYLC]

9 hours ago, WayneACT said:

In this situation, isn't it a case of you either contribute or the job is not available to you. Pointless taking them to task as you are just shooting yourself in the foot. What you can take from this is get all the facts, determine if you are happy with them, and apply or don't apply. On a 457 visa you will always be on the back foot if you planning for a long stay in Aus.

 

 

@WayneACT They are acting illegally and if reported would be disqualified from being a sponsor.  I'm not sure if you've ever read any of those heart-breaking stories on Facebook about a family on a 457 who have been taken for a ride, didn't know what they didn't know and at the point where the company is supposed to support their application for permanent residence, they pull the pin and retrench them.  The family then has VERY limited time to find a new sponsor, it usually goes completely pear shaped and they get sent back to South Africa with nothing to no job, no home, etc etc.  Their children having been ripped from their school and friends all because the sponsor took them for a ride.  

 

Those stories of people on 457 visas who have been shafted usually start with an offer like @Slater has just received. So I'm with @Mara:  My vote is definitely NO... run, as fast as you can!

 

[Mara]

@Slater In Australia most people tend to stick to the rule of law... because if they get caught out breaking the law, they will suffer the consequences. So... even if you accept the position and pay all the costs, what do you think may happen if they try this on another applicant and they get reported. There is a huge chance that the government may well step in and cancel their sponsorship and the 457's acquired by them.... then where will you be????

 

Something tells me that this is a very shonky company, possibly not run by Australians????

 

Run Forest run.....as in Forest Gump!

[WayneACT]

@RYLC I was not defending them. Apologies if it came across that way. Just to clarify, are you saying that if we were asked to pay half our 457 visa costs then the sponsor is acting illegally?

[RYLC]

@WayneACT:  It's okay I read it that you weren't defending them - you were just suggesting the "boer maak n plan" method of getting things moving. 

 

Yes it is illegal to be asked to pay your 457 visa costs.  Have a look at the link to the documentation I provided further up in the thread.

 

If reported and found to be in breach of these rules, then the ability to sponsor is revoked and I would think that then their current sponsees (is that a word?) would find themselves sponsorless with all the cr@p that goes with that.  Not a good situation.

 

[Alchemist]

i got PR with construction so you should rather do it that way...especially with a family . In todays world, and the global recession, a 457 is too risky. i was on a 457 when v young (25 and single) and even then i felt nervous and wasnt getting on with my boss. i eventually came back to SA for other reasons, but i never really settled and these guys were legit. This company could be anything and with a family, you will be under huge stress and there are extra costs like medical insurance (for a fam of 5 can be huge) that you HAVE to take. Have they committed to that part in your salary?

[Slater]

Thank you all for your insight. 

 

I appreciate it. I am going to mail the construction company MD and let him know how I feel about been made responsible for the migration fees and see where that takes me?

Other than that I can only go back to the drawing board and start again. Maybe from a different angle this time. 

 

Thank you again. 

[Slater]

Hi Alchemist 

 

They have offered me full time employment on an EBA. Which looks pretty standard. I think. Although I have 9 years experience as a specialist waterproofing project manager/ estimator I will be entering the Australian market as a grade 7 licensed waterproofing applicator. As I have no formal qualification other than on site experience. Which I was quite looking forward to it as I am a hands on type person. Without overtime I would be making just over $70k per annum at $36/ hour. I had originally planned to go over by myself for the first 6 months ( my probation period) and if all went well the family would follow or if not thenI would just come back to SA. 

I tried getting a visa from SA side with an Australian migration agent here. All they could come up with was a marketing position in South Australia on a regional nominated visa. I am going to re- look into a 190 but I turn 40 next year and I am afraid this will affect my chances dramatically. 

 

Thank you you again for your insight. 

Edited May 23, 2016 by Slater

[WayneACT]

I see pros and cons for a 457 visa. Its not all bad as some are making out. If you want prompt medical attention, it seems like you need private medical whether you on a PR or not. Schooling depends on what state you reside. In ACT, dependents of 457 visa holders with jobs on the SOL will receive free schooling. The 457 has worked for many in the past and is working for us now. Without going in to all the pros and cons, I think its important not to put everyone off a 457 visa. A 457 means you have secured a job in Australia. It means you will earn Aus$ on arrival. I find more security in the fact that we have a secured job than going over on a PR living off Rands in the hope that we find a job. If things go pear-shaped you have 90 days to find another sponsor. If you don't find a job in 90 days, then whether you on a PR or a 457, you are probably going to be heading back, except with the 457, the sponsor has to pay your costs. Having said all this, its important to take the necessary precautions as mentioned by many on this forum.

[Mara]

@WayneACT I think you may want to check the rules.  If you arrive on PR and do not find a job, you are not going to be sent home.... You just do not get much assistance from the government....  Wanting prompt medical attention... if it is an emergency, you will get assisted under Medicare immediately, it is only if it is elective surgery that you go on a waiting list.

 

Those of us that have been around here a long time... have heard all the sad stories about 457 and shonky companies.... so please understand, the reason we were tryng to put Slater off, is due to the fact that the company, from the outset, were actually breaking the law..... that does definitely not bode well for someone going to work for them....

[WayneACT]

@Mara I realise you don't get sent home on a PR. Sorry maybe I wasn't clear. What I meant was you may probably end up heading back but not due to being kicked out but because you can't afford to stay. So if you on a 457 or a PR you may end up heading back to SA both because you couldn't secure a job. Medical, from what I have read and the people I have spoken to, it seems most have private medical anyway. As you say, this way you can avoid the procedure waiting periods associated with Medicare. Not sure the difference in price between a 457 medical and PR medical with similar cover. Down side to the 457 is its advisable to keep your SA medical aid.

 

I think we are all in agreement about Slater and the company sponsoring him.

 

Take care. 

Edited May 24, 2016 by WayneACT

[Mara]

@WayneACT

With regard to being on PR and not finding a job.... no need to go home, there are lots of jobs available....it all depends on you and what you are willing to do to stay.... I have known of people who have persevered doing odd jobs, or part time jobs, until such time that they could find something permanent and not necessarily in their field!  For some of them it was years, not months......

 

Once again.... I am not blasting a 457, I never have, and I am glad we agree about Slater's situation.... but my reaction was really to you saying " I see pros and cons for a 457 visa. Its not all bad as some are making out. " We were all responding to Slater's situation, not to a 457 in general....

 

Your question about private medical..... If you arrive on PR you have 1 year to get private medical... if you do not, and you are over 30, then you will pay a surcharge on your Medicare annual contribution. This only kicks in (I believe) when you turn 30. It is often cheaper to get limited private health cover per annum than pay the surcharge. Private medical, on average, would be quite a bit less than the private medical on a 457, as that is visitor's medical. You can look it up in the search function.... quite a difference.

[Jobizzle]

My 2 cents here, maybe its the migration agent who is misinformed rather than the company who is being dodgy? Not saying go for it, but perhaps explore the options, ask all the questions and then decide if it sounds dodgy? Also, I'm on a 457 visa, and pay $250 a month for private medical for my wife and I, which is about what i paid for medical back in South Africa even at ZAR11.20 to the dollar, so I figure its part of the cost of living either way!

Edited June 17, 2016 by Jobizzle