# 457 visa unfair dismissal



## Nabbers (Jul 15, 2012)

Hello,

My boss has fired me, for reasons that were unfair. I am following this with legal action against my former company. However, in this process, I am uncertain of my visa options in applying for a new visa. I qualify (have enough points) for a 189 visa, but I am unsure if I would get a bridging visa, while I wait for it to be approved. Would a bridging visa be cancelled after my 28 days (when my 457 would be finished) or does it carry on, until the decision has been made on the 189? I am really confused by the immi.gov.au site and as you can guess really distressed over the situation that has just happened to me. 

Thank you for any information related to this matter.


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## Maz25 (Jul 6, 2008)

I'm sorry to hear that. I was on a 457 visa previously as well and got cursed with the boss from hell, so I feel your pain.

Unfortunately, you can only hold a 457 visa as long as you are employed by your sponsor, so no, you will not qualify for a bridging visa. If your employment is terminated, you have 28 days from the date of termination to find a new sponsor or leave the country.

You can apply for the 189 visa if you meet all the requirements but unless you can secure a new visa, you will have to go home and wait for the visa offshore.

Have you spoken to any recruitment agents? I would suggest that if you have not done so, that you call a few of them up tomorrow and have a chat with them about finding a new job. You have the advantage of having local experience and being available for face to face interviews, so if the market is strong, it is very possible to find a new job and new sponsorship within 28 days. Clients and competitors of your ex-employer are also a good place to start your job search.

Also, call up DIAC and see what your options are. If you have compelling reasons to remain in Australia, they may sometimes grant you a few extra weeks before cancelling your visa, which may give you enough time to find a new job.


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## MelbourneRebecca (Feb 25, 2014)

*I am having the same problem*

I am having the exact same problem.  I moved here alone and have no contacts here and I'm just under six months, so if they get rid of me before six months I basically have no legal rights. It sucks! As I'm sure you know.

Can you tell me what happened/what you did? It would be REALLY helpful to talk to someone who's having the same problem.

Thank you,

Rebecca


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## misguided (Sep 11, 2012)

MelbourneRebecca said:


> I am having the exact same problem.  I moved here alone and have no contacts here and I'm just under six months, so if they get rid of me before six months I basically have no legal rights. It sucks! As I'm sure you know.
> 
> Can you tell me what happened/what you did? It would be REALLY helpful to talk to someone who's having the same problem.
> 
> ...


Sorry to hear about your case.Not sure if this is helpful , but I'd like to add to the converstation above , instead of 28 days , now you get 3 months to find a new sponsor.


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## MelbourneRebecca (Feb 25, 2014)

misguided said:


> Sorry to hear about your case.Not sure if this is helpful , but I'd like to add to the converstation above , instead of 28 days , now you get 3 months to find a new sponsor.


Thank you, I didn't know that? Where did you find that out?

Thanks very much!

Rebecca


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## misguided (Sep 11, 2012)

MelbourneRebecca said:


> Thank you, I didn't know that? Where did you find that out?
> 
> Thanks very much!
> 
> Rebecca


Hi Rebecca it is the immi website .

Changes to the Subclass 457 program


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## harshaldesai (Apr 2, 2013)

sorry.

Wrong thread


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## MelbourneRebecca (Feb 25, 2014)

misguided said:


> Hi Rebecca it is the immi website .
> 
> Changes to the Subclass 457 program


Thanks! Yeah, I called them today and they said 90 days and even then it isn't automatic. My HR department keeps telling me 25 days but whatever. . . scare tactics.


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## misguided (Sep 11, 2012)

MelbourneRebecca said:


> Thanks! Yeah, I called them today and they said 90 days and *even then it isn't automatic*.


WHat do you mean by the bold part of the statement?


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## MelbourneRebecca (Feb 25, 2014)

misguided said:


> WHat do you mean by the bold part of the statement?


Misguided- what they said was (paraphrasing): "We won't just throw you out of the country after 90 days. We'll call you and talk to you and find out your reasons for being in Australia".

I can't remember exactly what else she said (this is the infamous immigration office where you're on hold for 40 minutes, so, it's the real information) but her soothing manner seemed to make it clear that they're not going to just boot you out. I think if you say "I'm looking for a job, I make Australia better blah blah" then you'll be OK.

That was the impression I got, anyway.

Hope that helps.

Rebecca


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## mkozlowski83 (Mar 3, 2014)

Hi guys,
One of yous have mentioned that you have enough points to apply for 189 visa, is that correct ?
What I would do If I were you is to submit EOI and apply for 189 as soon as you got an invite. You will be given a bridging visa once you paid for your application.
The bridging visa however wont be in affect unless you hold a 457 visa but then you wont have too stress about your situation because if your 457 visa get cancelled then automatically you will be under the bridging visa, meaning you will be able to stay in Australia, look for employment elsewhere, work full time and be entitled to get a Medicare Card.
Hope it helps,

Good luck,

Marcin


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## misguided (Sep 11, 2012)

MelbourneRebecca said:


> Misguided- what they said was (paraphrasing): "We won't just throw you out of the country after 90 days. We'll call you and talk to you and find out your reasons for being in Australia".
> 
> I can't remember exactly what else she said (this is the infamous immigration office where you're on hold for 40 minutes, so, it's the real information) but her soothing manner seemed to make it clear that they're not going to just boot you out. I think if you say "I'm looking for a job, I make Australia better blah blah" then you'll be OK.
> 
> ...


Thanks for the clarification. I hope your job search is going well


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