Rafael Legaspi, his wife and children, face deportation unless they are given a reprieve through ministerial intervention and finally allowed to stay as permanent residents.
He came to Australia on the strength of a 457 Visa when he was hired as an accountant. It was through the same visa that he was allowed to take along his family.
Legaspi had sold all his properties in the Philippines thinking that he had a stable job and that they would ultimately be allowed to stay as permanent residents in Australia. Some months later, the company that hired him ceased operations and he found difficulty in finding another job.
Now he has nothing to go back to in the Philippines and his children’s future is at stake.
Galang Migrant Workers’ Union is helping him survive and has launched a campaign for Immigration Minister Chris Bowen to intervene.
Holders of 457 visa may be employed for a period of between one day and four years and may bring any eligible family members, who have unrestricted work and study rights in Australia. Holders of the Subclass 457 visa have no limit on the number of times they travel in and out of Australia.
Conversion to permanent residency
457 visa holders can convert to Australian permanent residency status. It is common for 457 visa holders to apply for a permanent Australia residents visa with a view to permanently settle in Australia and become Australian citizens.
There has been a recent increase in the number of grants of permanent residence visas to people who last held a Subclass 457 visa.
However, visa conditions state that the worker is confined to the nominated occupation, and that any period of unemployment cannot exceed 28 days.
The Australian Government has reviewed the 457 skilled immigrant visa and has made some provisions that will fast track the transition to permanent residency. Starting in July 1, 2012, non-resident workers on the 457 skilled immigration visa will be able to transition to permanent residency if they have 2 years with the employer who has sponsored them and if the employer provides a full-time position in the 457 visa holder’s nominated occupation.
Furthermore, the Australian Government has recognized that 457 visas deserve priority in review as they are highly responsive to the needs of the labour market.
Several hundreds of local residents have already signed a petition in support of the Legaspi family. Galang Migrant Workers Union will submit the petition to Chris Bowen, MP when the signature campaign reaches a thousand.