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Junior Member
Posted
Can anyone tell me where I can get confirmed (as officially as possible) the fact the so long as the intention is there to employ a worker for 3 or more years then an employer can dispense with the workers services should they for instance have a downturn in work during that 3 year period. Ie does the employer have a get out option before the end of a 3 year contract?

I ask because my sponsor is hesitant about making a 3 year commitment if they are stuck with it no matter what happens to the business.

Thanks
 
Posts: 3 | Registered: 30 September 2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Colin Hanna
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I asked my migration agent at the time the very same question, thinking more of the opposite scenario of me wanting to move on to a different company.

DIAC cannot take your visa off you or penalise the employer due to a downtown in their business causing them to dispense with your services.

In the case of my scenario what a lot of employers do is tie you into a financial bond for a number of years (in my case 2 years) which means that if you leave within the prescribed time you will have to repay all or a proportion of the costs they expended in getting you your visa.

Hope this clarifies the situation for you !
 
Posts: 677 | Location: Sydney | Registered: 18 November 2005Reply With QuoteEdit or Delete MessageReport This Post
Junior Member
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Thanks, I've seen some of your posts on this subject. We need to give them something a bit more official to reassure them and can't find anything apart from posts like yours on various forums.

We don't need to worry about bonds as we are having to stump up for all the visa costs ourselves!!! They won't do it otherwise and OH has very limited other options. So really it's a no brainer for them isn't it. OH doesn't want to leave either as there aren't any other employers around that are particualrly suitable.
 
Posts: 3 | Registered: 30 September 2007Reply With QuoteEdit or Delete MessageReport This Post
Member
Picture of Colin Hanna
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Are you using a migration agent ?? If you are then surely their word would be sufficient to make your employer happy.

If you are not using a migration agent then I would suggest an email or phone call to DIAC would be required.
 
Posts: 677 | Location: Sydney | Registered: 18 November 2005Reply With QuoteEdit or Delete MessageReport This Post
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