Sponsorship, Residency and Associated Problems...
Discussion
Just looking for some advice for a mate in Oz.
He has been sponsored with same co for 2 yrs. They hired him as a graphic designer (stated in contract) and have him working in garden maint now after being packaging manager, shop assistant etc. They want rid of him, he wants to leave - but really wants his residency too.
He has got far enough into the app to get a case officer. KPMG are handling his application.
So far so good. Problem is they are saying there is now no work for him, but they will keep him on books (unpaid) to get his residency.
At the same time they need to send training records and expenditure for him, as requested by KPMG. These don't exist so have to be 'manufactured'. But they are taking their time (he has a crap relationship with his boss which isn't helping.)
Its a trixy and complex situation I guess. They haven't given him termination in writing, but don't plan to pay him either. He wont last long on savings waiting for them to submit these docs lord-knows-when.
My thoughts are:
If they wanted rid of him they would have just terminated his contract. End of. However they are keeping him at arms length with no pay. That leads me to believe that they are worried about their exposure to legal action by:
Him - for not supplying the docs that immigration want leading to loss of application fee, plus breaking their contract of employment.
Immigration - for falsifying records if he drops them in it, saying he would be employed as a graphic designer, but having him in warehouse, shops, garden etc. (its states 'garden maint' on his payslip !)
Anyway, I guess I want to know if:
a. immigration care that a company who is sponsoring a brit for 2 years arnt following the rules.
b. he can take his employers to small claims if they fail to provide the docs he needs for his application thereby causing him to loose many $$
c. he says he cant speak to the case officer directly, only kpmg. is that correct ?
d. is his employer legally obliged to provide: docs needed for his residency application, a written job reference, terminate his employment in writing according to his contract.
It all boils down to : does my pal have any power in this situation at all ?
Rambling post but any help\advice appreciated.
He has been sponsored with same co for 2 yrs. They hired him as a graphic designer (stated in contract) and have him working in garden maint now after being packaging manager, shop assistant etc. They want rid of him, he wants to leave - but really wants his residency too.
He has got far enough into the app to get a case officer. KPMG are handling his application.
So far so good. Problem is they are saying there is now no work for him, but they will keep him on books (unpaid) to get his residency.
At the same time they need to send training records and expenditure for him, as requested by KPMG. These don't exist so have to be 'manufactured'. But they are taking their time (he has a crap relationship with his boss which isn't helping.)
Its a trixy and complex situation I guess. They haven't given him termination in writing, but don't plan to pay him either. He wont last long on savings waiting for them to submit these docs lord-knows-when.
My thoughts are:
If they wanted rid of him they would have just terminated his contract. End of. However they are keeping him at arms length with no pay. That leads me to believe that they are worried about their exposure to legal action by:
Him - for not supplying the docs that immigration want leading to loss of application fee, plus breaking their contract of employment.
Immigration - for falsifying records if he drops them in it, saying he would be employed as a graphic designer, but having him in warehouse, shops, garden etc. (its states 'garden maint' on his payslip !)
Anyway, I guess I want to know if:
a. immigration care that a company who is sponsoring a brit for 2 years arnt following the rules.
b. he can take his employers to small claims if they fail to provide the docs he needs for his application thereby causing him to loose many $$
c. he says he cant speak to the case officer directly, only kpmg. is that correct ?
d. is his employer legally obliged to provide: docs needed for his residency application, a written job reference, terminate his employment in writing according to his contract.
It all boils down to : does my pal have any power in this situation at all ?
Rambling post but any help\advice appreciated.
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