457 Visa cancelled without notice on 128 section
I am Indu madhav from India
My 457 visa as cancelled today by employer without notice and inform me.
My visa grant 8jan2018
I professional chef working in India from past 7years. I have given a food trail and tasting my employer twice when they come to india.after that only they have started my process. I am below middle class family i am only working person in family responsibilities of my mother nd grand mother and sister. I lost my father 4 year back.
They asked me to pay money for 457 visa after getting visa i was been denied because I have no discussion and agreement about giving money for visa.i said you can partially cut the a amount from my salary then they said they will not give the salary what mention in employee agareement if we cut the partially amount you can't live in Australia. As they will pay 500 to 700dollar for 15 days so I said I can't pay that much huge money around 10lakhs. so was been waiting for their call. when I need to come and work but suddenly I got a mail from department that employer cancelled my visa on 128 section. I don't know what do now sir i request you to please help me out from this.what should I do now does i dont have right back to come Australia in future.if yes can plz tell me what are the chances. I totally depressed feel like to die as I have been working and waiting for visa above 2years. Does have any chance if I have another employer ready.plz help me sir.
Tell me what should I do
What are possibilities i have.
Thanks in advance
Waiting for your reply.
Hello Indu, Section 128 cancellations was a new one for me so I had to do a little research and learned that Section 128 allows for the cancellation of visas where the visa holder is outside Australia and where there is ground for cancelling the visa under Section 116. No notice to the visa holder is required.
Section 116 of the Migration Act 1958 creates a general power to cancel visas and provides, among others, the following grounds for cancelling a visa:
- You have not complied with a condition of your visa
- The grounds on which the visa was granted to you no longer exist.
So by this, I assume that you have yet to enter Australia and the employer has probably given false notice to the Australian migration department to cancel your visa because you weren't willing to meet their conditions.
The situation you have described is a highly frustrating one for me as the way you have been treated is both highly unfair and illegal!
If the employer had an expectation that you would pay for your 457 visa and expect you to be taking home a salary lower than the salary they would have to pay a local Australian employee they have acted illegally.
I know it will be difficult to appreciate this now, however, you did the right thing as the employer in question was looking to exploit you.
There is an appeal process which you can read more about here. This landing page also gives you information on how to report an employer looking to exploit overseas workers.
Though I don't think this will give you the opportunity to work with the employer you have been dealing with (not a bad thing by the sounds of things), it may give you the option to reinstate your visa for a long enough period to find another employer willing to sponsor you.
For many employers, if you already have a 457 visa, this makes you a more attractive employment option then an overseas worker who still has to go through the process of sourcing a visa before they are able to work.
Let me know how you go and happy to help where I can.
All the best
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Thank you mark
Very happy to hear you from very soon reply.
Mark as i got letter from immigration cancellation in that they asked me if i give a reason why my visa should not cancel with some grounds they will reoveked my visa back.
So can give me a letter format how can I reply them.in such a manner the immigration people re-issue my visa back.
Waiting for your reply
Hi Madhav, I would provide a response simply stating the facts.
Ensure you provide the sequence of events you mentioned in your opening post which resulted in you being unable to travel to Australia due to the lack of funding remaining following the required payment to the employer.
You applied for and was initially granted a visa in good faith. It's unfair that your visa should now be cancelled due to the actions of the employer.
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