made redundant on 457 what is the process? anyone been through it?

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made redundant on 457 what is the process? anyone been through it?
Topic Started: 4 Nov 2009, 08:11 AM (510 Views)
gail1982	4 Nov 2009, 08:11 AM Post #1
Addicted Member Posts: 349 Group: Members Member #1,827 Joined: 8 December 2007 Migration Status Permanent Resident My Location Sanctuary lakes, victoria 3030	Hi All, My husbands company went into voluntary Liquidation 2 weeks ago and we are here on a 457 visa. Does anyone know what the process is in us having to leave Oz? He is desperately trying to secure a new job but when we look on the immigration website it says 28days to either get a new job or leave Oz, its really starting to stress me out that 2 weeks ago he lost his jab now so we are into day 14 and in 14days time how do i organise everything to leave?? stressed stressed stressed!!



koalakim	4 Nov 2009, 08:31 AM Post #2
Legend Posts: 4,451 Group: Members Member #889 Joined: 1 September 2006 Migration Status Citizen My Location Mornington	Hi Gail Really sorry to hear of your situation - it must be a horrible situation to be in now that you've built up a life here. I know of one person who was made redundant on a 457 and because it was redundancy rather than a firing or end of contract they were granted extra time to find a new position - which he managed to do. They were in the middle of buying a house when it happened too! Best thing to do is to contact immigration and explain your situation and find out if you can get extra time - ask for it!!!!! If not apply for a tourist visa which will buy you extra time to find a job and wrap things up if you have to. Please keep us posted how you get on and all fingers and toes are crossed for you! Kim



gail1982	4 Nov 2009, 08:41 AM Post #3
Addicted Member Posts: 349 Group: Members Member #1,827 Joined: 8 December 2007 Migration Status Permanent Resident My Location Sanctuary lakes, victoria 3030	Thanks Kim, What makes it even more stressful is that my parents arrive here on 18th Nov to spend xmas here!!!



koalakim	4 Nov 2009, 08:48 AM Post #4
Legend Posts: 4,451 Group: Members Member #889 Joined: 1 September 2006 Migration Status Citizen My Location Mornington	Ouch! If all else fails then definitely see if you can stay on a tourist visa until then ...plea, cry - do whatever! Kim



scott&lisa	4 Nov 2009, 09:15 AM Post #5
Addicted Member Posts: 310 Group: Members Member #965 Joined: 20 October 2006 Migration Status Permanent Resident My Location Wild West	Hi hun, I know someone who went through this last year. You are right with the 28 days but don't stress, from what I remember the 28 day thing doesn't start until you receive official notification from immigration - which could take weeks to process! Contact immigration to discuss your options, as there is (was) something known as a Bridging Visa which might be available to you as well? Everything will work out :-) Lisa x



Gail.C	4 Nov 2009, 11:12 AM Post #6
A phenomenon Posts: 1,105 Group: Members Member #1,062 Joined: 30 December 2006 Migration Status Permanent Resident My Location Port Melbourne	scott&lisa 4 Nov 2009, 09:15 AM Hi hun, I know someone who went through this last year. You are right with the 28 days but don't stress, from what I remember the 28 day thing doesn't start until you receive official notification from immigration - which could take weeks to process! Contact immigration to discuss your options, as there is (was) something known as a Bridging Visa which might be available to you as well? Everything will work out :-) Lisa x Gail You poor thing!!! What an awful situation. My work colleague went through the same thing as he was on his wife's visa and her company went belly up. Luckily for him our company then sponsored his visa so he wouldn't be sent home. He was told by an immigration agent that the company would tell immigration that your visa is cancelled. Apparently it takes immigration 2 months to process this information then you'll have 28 days after that. Therefore you've got 3 months to find a job. To put your mind at rest I'd speak to an immigration agent. Alan Collett (who's on Britvics) at Go Matilda is a very helpful. I hope it all works out. Gail Edited by Gail.C, 4 Nov 2009, 11:14 AM.



Alan Collett	4 Nov 2009, 03:47 PM Post #7
Addicted Member Posts: 134 Group: Members Member #63 Joined: 13 September 2004 Migration Status Citizen My Location Geelong (mostly)	It is the sponsoring employer's responsibility to notify DIAC within 10 working days of the termination of an employment - not yours: http://www.immi.gov.au/skilled/skilled-workers/sbs/certain-events-occur.htm That done, DIAC will issue a Notice Of Intention to Cancel (NOIC) to the principal visaholder, which provides the 28 day notice period. Maybe worth checking (as discretely as possible) that DIAC has the correct address for you on file, just in case a NOIC letter has been sent to an incorrect address. Best regards.



gail1982	4 Nov 2009, 04:27 PM Post #8
Addicted Member Posts: 349 Group: Members Member #1,827 Joined: 8 December 2007 Migration Status Permanent Resident My Location Sanctuary lakes, victoria 3030	Alan Collett 4 Nov 2009, 03:47 PM It is the sponsoring employer's responsibility to notify DIAC within 10 working days of the termination of an employment - not yours: http://www.immi.gov.au/skilled/skilled-workers/sbs/certain-events-occur.htm That done, DIAC will issue a Notice Of Intention to Cancel (NOIC) to the principal visaholder, which provides the 28 day notice period. Maybe worth checking (as discretely as possible) that DIAC has the correct address for you on file, just in case a NOIC letter has been sent to an incorrect address. Best regards. Hi Alan, Thanks for this, We filled in all the GEERS forms for the entitlements owed to us by the company, would the administrators then forward this to the immigration department with our address on to inform them?, as the directors have now handed over everything to this administration company and now have no responsibilities for the company ( from our understanding of the whole thing)



koalakim	4 Nov 2009, 04:37 PM Post #9
Legend Posts: 4,451 Group: Members Member #889 Joined: 1 September 2006 Migration Status Citizen My Location Mornington	Sounds like you should sit tight and wait for the letter from the immigration dept.....if the company take ages to inform then, then that must buy you some more time? Then once you have it call the immigration office and see if you can get an extension? Kim



tam_n_brett	4 Nov 2009, 09:17 PM Post #10
A phenomenon Posts: 1,067 Group: Members Member #902 Joined: 9 September 2006 Migration Status Permanent Resident My Mood always got a smile :0) My Location Briar Hill, Melbourne	Really feel for you....... :-( Hope a job comes along quickly, all the very best of luck.



ValeSpark	4 Nov 2009, 10:41 PM Post #11
Addicted Member Posts: 379 Group: Members Member #906 Joined: 11 September 2006 Migration Status Permanent Resident My Mood Feeling better My Location Lost on location	Gail, Really sorry to hear your news, will keep fingers crossed for you. Just in case any may know of any openings...what kind of work does your husband do? Pete



gail1982	5 Nov 2009, 06:31 AM Post #12
Addicted Member Posts: 349 Group: Members Member #1,827 Joined: 8 December 2007 Migration Status Permanent Resident My Location Sanctuary lakes, victoria 3030	ValeSpark 4 Nov 2009, 10:41 PM Gail, Really sorry to hear your news, will keep fingers crossed for you. Just in case any may know of any openings...what kind of work does your husband do? Pete Hi Pete, He works in the video game development field ( production) Doesn't seem to be an awful lot of jobs for him out there



Alan Collett	5 Nov 2009, 01:12 PM Post #13
Addicted Member Posts: 134 Group: Members Member #63 Joined: 13 September 2004 Migration Status Citizen My Location Geelong (mostly)	gail1982 4 Nov 2009, 04:27 PM Alan Collett 4 Nov 2009, 03:47 PM It is the sponsoring employer's responsibility to notify DIAC within 10 working days of the termination of an employment - not yours: http://www.immi.gov.au/skilled/skilled-workers/sbs/certain-events-occur.htm That done, DIAC will issue a Notice Of Intention to Cancel (NOIC) to the principal visaholder, which provides the 28 day notice period. Maybe worth checking (as discretely as possible) that DIAC has the correct address for you on file, just in case a NOIC letter has been sent to an incorrect address. Best regards. Hi Alan, Thanks for this, We filled in all the GEERS forms for the entitlements owed to us by the company, would the administrators then forward this to the immigration department with our address on to inform them?, as the directors have now handed over everything to this administration company and now have no responsibilities for the company ( from our understanding of the whole thing) I am a believer in taking control of your own destiny (to the extent possible) => don't spend your time worrying about whether the former employer is meeting their obligations. Rather, get out there and try to find another employer who will sponsor you or your OH. Be prepared to travel too - inter State if necessary. Good luck.



Thebears	5 Nov 2009, 01:14 PM Post #14
Posts: 2,172 Group: Moderators Member #798 Joined: 8 July 2006 Migration Status Temporary Resident My Mood GO CATS GO My Location Malvern East	gail1982 5 Nov 2009, 06:31 AM ValeSpark 4 Nov 2009, 10:41 PM Gail, Really sorry to hear your news, will keep fingers crossed for you. Just in case any may know of any openings...what kind of work does your husband do? Pete Hi Pete, He works in the video game development field ( production) Doesn't seem to be an awful lot of jobs for him out there I thought he said he was the GM? if so surely his skills are transferable to other industries? Perhaps worth listing down the skills without reference to the industry and see what opportunities arise out of that perspective?



koalakim	5 Nov 2009, 03:15 PM Post #15
Legend Posts: 4,451 Group: Members Member #889 Joined: 1 September 2006 Migration Status Citizen My Location Mornington	I would have thought production skills would be applicable to other industries? However, I guess it's finding an employer to sponsor could be the issue. I know companies have to go through quite a bit to sponsor an overseas worker and many aren't even aware of being able to do it! I only say this because I approached a large company in my industry (through my previous job in the UK) and they had no idea of sponsorship as they normally only took on those with a right to work already. I guess if it came to it you could offer to pay the costs involved of sponsorship if it means getting to stay in the county if all else fails!



Gail.C	5 Nov 2009, 04:02 PM Post #16
A phenomenon Posts: 1,105 Group: Members Member #1,062 Joined: 30 December 2006 Migration Status Permanent Resident My Location Port Melbourne	Alan Collett 5 Nov 2009, 01:12 PM gail1982 4 Nov 2009, 04:27 PM Alan Collett 4 Nov 2009, 03:47 PM It is the sponsoring employer's responsibility to notify DIAC within 10 working days of the termination of an employment - not yours: http://www.immi.gov.au/skilled/skilled-workers/sbs/certain-events-occur.htm That done, DIAC will issue a Notice Of Intention to Cancel (NOIC) to the principal visaholder, which provides the 28 day notice period. Maybe worth checking (as discretely as possible) that DIAC has the correct address for you on file, just in case a NOIC letter has been sent to an incorrect address. Best regards. Hi Alan, Thanks for this, We filled in all the GEERS forms for the entitlements owed to us by the company, would the administrators then forward this to the immigration department with our address on to inform them?, as the directors have now handed over everything to this administration company and now have no responsibilities for the company ( from our understanding of the whole thing) I am a believer in taking control of your own destiny (to the extent possible) => don't spend your time worrying about whether the former employer is meeting their obligations. Rather, get out there and try to find another employer who will sponsor you or your OH. Be prepared to travel too - inter State if necessary. Good luck. Following on from Alan's email about travelling interstate. A friend of ours has had to move to Sydney to work due to lack of work in his field in Melbourne. He is commuting on a weekly basis. He is actually better off financially as he's earning more money and can claim living away from home allowance on his tax return. It could help in the short term if the only other alternative is leaving Oz. Good luck Gail



gail1982	5 Nov 2009, 10:28 PM Post #17
Addicted Member Posts: 349 Group: Members Member #1,827 Joined: 8 December 2007 Migration Status Permanent Resident My Location Sanctuary lakes, victoria 3030	Thanks guys, Yes shane ( the bears ) he was the GM and we are looking into other possibilities at the moment too, anything to try and stay here i guess, just crappy with timing and xmas being so close now.



Thebears	6 Nov 2009, 08:37 AM Post #18
Posts: 2,172 Group: Moderators Member #798 Joined: 8 July 2006 Migration Status Temporary Resident My Mood GO CATS GO My Location Malvern East	gail1982 5 Nov 2009, 10:28 PM Thanks guys, Yes shane ( the bears ) he was the GM and we are looking into other possibilities at the moment too, anything to try and stay here i guess, just crappy with timing and xmas being so close now. Can you utlise 3 months by going to NZ for a weekend break and returning? ie would that give you time to finish off packing/getting out of rental - while awaiting back about jobs (ie not actively looking as that would be illegal) but if getting feedback from say an interview done before the end of your 28 days? That way you can spend the entire rest of your 28 days job hunting?


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