Emma L

Sponsor pulled out after 457 application submitted.

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    Hello,

    My boyfriend has been working as a Glazier in Perth and his boss agreed to sponsor him on the 457 Business Visa. We paid all the visa fees on his bosses behalf (around $10,000 through Migration Agents), submitted the application and we are now on a Bridging Visa. Last week, our Migration Agent chased up my boyfriend’s boss for a few final bits to complete the application: Tax Records/Financials and was told they would receive it by the end of the day. However when my boyfriend returned to the factory that day, his boss said he wasn’t handing over financial information for the sponsorship and then sacked him!! He is now avoiding all contact.

    Has anyone been in this situation and got any advice at all? In particular, anything we could try to get some of the money back, ways of finding another sponsor or anyone we could report the company too? It’s fairly obvious the company is dodgy if he panicked so much about tax records, even though he had been notified of everything he needed to provide!

    -The Fair Work Commission will not help us as the company is classed as a small business and you have to of worked for 12 months before they take on an unfair dismissal case, my boyfriends been working for approx. 11 months so just under!

    - Our Migration Agent said we don’t meet the criteria for a Skilled Visa and there are no self-sponsorships now

     

    Any advice greatly appreciated!

    Thanks J

    Emma

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    Sadly, not a lot you can do,  though it is illegal for you to have had to pay the costs for nomination. You can report them to immigration, but I am not sure you would get money back. Likewise, the agent should not have charged you for this and you can report them to MARA. 

    With regards finding another sponsor, it is a case of applying for jobs from web sites such as seek.com.au and hoping for the best. However, I am not sure how long you will have. Once the department are aware the sponsorship isn't happening your bridging visa will be cancelled. I am guessing you were on a WHV? Has it got any time left on it? Or are you eligible for a second year? 

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    Thanks for the reply :-) 

    I'll have a look at MARA in regards to the Agent, they have been awful from start to finish in all respects! 

    Unfortunately our WHV expired and we are not eligible for the second year. .. 

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    Sorry to hear that Emma - presume that you've been on the bridging visa for a good few months waiting - very disappointing

     

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    Hi Ali, thanks for the response :-)

    Yes its devastating to be honest! I have no idea how the sponsor could let us pay all that money (everything we had!) and submit the application just to pull out so flippantly and completely disregard our future. 

    It would seem there is absolutely nothing we can do about it either and I think he is well aware of this :-( 

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    As verystormy wisely pointed out it is illegal for an employer to make a visa applicant pay any fees for setting up a Standard Business Sponsorship or Nomination . You should politely ask for a refund of those fees pointing out that the penalty for doing this could be very costly $50400!! https://www.homeaffairs.gov.au/FAQs/Pages/what-are-the-applicable-penalties.aspx

    HOWEVER, the Department can cancel the visa of anyone involved in it, so you are also doing the wrong thing, however, if you were not made aware of this, that is a different issue!  If you used a MARA Reg Agent, I would be shocked if this was not pointed out to you?

     

    Also, why did you lodge a visa application without the financials ? Did you use a Registered Agent??

     

    You are now likely to receive a Notice of Cancellation of your BVA, if so, you do not have long to leave the country. DO NOT BECOME UNLAWFUL as you will have further problems.

    You need to speak to your agent asap about your options before cancellation is issued.  Also, presumably you are withdrawing, not getting refused??

    Good luck

     

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