My current visa expires today, January 31, 2004. My application for the new one is floating around somewhere within the Immigration Departments vast system. At least I have proof that they have my application.
So technically, I will be here illegally tomorrow. If I am caught, then they will ban me from returning for years. They could also criminally prosecute me.
My visa agency in Sydney assure me that the immigration department has assured them that they are not going to go after people like me who are (a) trying to redo their visas to comply with the new rules, and (b) have their application in the system. However, they will not give put this claim in writing.
That makes me nervous. The enforcement arm of their agency may not be aware of this verbal promise. All they know is that my visa has expired and they have no record of my leaving the country. They know were I live and were I work. It is easy picking for them.
So I've taken precautions. I spoke to my friend Louise who is a lawyer. I asked her if it is ok for me to call her if I get arrested. She said that is fine, so I've written her number on my arm. I gave her a list of people to contact for me should this happen, such as my boss, my pimp, and my housemates.
I knew that if I was picked up, they would take me to their holding jail out by the airport. I figured it would take them a couple of days to deport me, so I might have a chance to make one call. I don't expect that they will be nice enough to let me use a telephone. But I have my calling card memorized, so I can get a call out should I get my hands on a working telephone.
To complicate matter, the visa specialist in Sydney have my passport. So if I am picked up and shipped out, I won't even have a passport to travel with. How in the hell am I going to get back into the US... or anywhere?
There isn't much more I can except lay low. People tell me that I'm being a worry wart and the law isn't interested in people like me. They are more worried about illegal asians and arabs.
Still. If I'm on a computer, they have to hold me if they catch me.
Saturday, January 31, 2004
Wednesday, January 28, 2004
Thursday, January 15, 2004
Major visa and pimp changes
The Aussie immigration office has changed all the rules regarding 457 visa holders like myself. A 457 visa is a long term (4 years) work visa.
They decided that 457 holders can no longer be managed by one agency. Until now, I had two pimps working for me (not by choice). It is a bit complicated.
IBM uses a small number of established personell/headhunter companies to find them qualified contracters. The firm runs the ads, screens applicants, etc. IBM pays the firm and the firm pays the contractor's salary (the contractors invoice, technically).
The firm take a cut of the money. They pay the contractor X bucks an hour, and the firm charges X+Y bucks to IBM. The firm gets to keep the Y.
Now for 457 visa holders, it is a little more complicated. In order to maximize the tax benefits for being a long term overseas contractor, they farm out to specialized firms that understand this niche business. There are only a small number of them in Australia. Even though that also get a cut of my pay, the tax benefits to me pays it and gives me a little more in my pocket.
So, the agency hired by IBM then hires this 457 specialty agency to hire me, the overseas contractor. IBM pays the first agency, whom I call big pimp, X+Y dollars an hour. Big pimp then pays the specialty agency (whom I call Little Pimp), X dollars per hour and they in turn pay me X-Z dollars per hour after takinh their cut.
However, the tax benefits they get me cut my taxible income so that the taxes I have to pay are less that their cut, giving me a profit.
Technically, little pimp is my visa sponsor. They are responsible for me. I work for them. They pay my salary.
Confusing, eh? The Australian Immigration office thought so too. It turns out that some small agencies where abusing this structure to get Indian and Pakastani "programmers" into Autralia, then not getting them work but charging them handsome fees for this. They would then become illegal immigrants, which was fine with them. At least they got inside Australia.
So they changed the rules. In January 2004 they ruled that there can only be one agency between the employer and the contractor. I had to fire little pimp and get big pimp to take over as my sponsor.
That was not as easy as it sounds. Since little pimp was my visa sponsor, they have to give up my sponsorship. What this means is that I have start all over again and re-apply for permission to move to Australia to work. Given the political climate, the rules had changed since I was first granted a visa back in late 2001.
In addition, I had to find a pimp that would both sponsor me and give me some, if not all of the tax benefits I enjoyed under the old arrangement. Easier said than done.
So I shopped around. There are about 4 agencies in Perth that can do this. I interviewed with all of them. I finally settled on a small outfit called Icon Recruiting. Nice guys. I felt comfortable and I liked their terms.
Next hurtle was to get a new visa. My current visa was valid until December 2005. The immigration office cancelled all 457 visa effective Jan 31, 2004. That meant that unless I got renewed, I was going to loose my visa.
I hired the same firm in Syndey that got me my last visa to help me again. They do all the prep work and are really worth the fee.
They decided that 457 holders can no longer be managed by one agency. Until now, I had two pimps working for me (not by choice). It is a bit complicated.
IBM uses a small number of established personell/headhunter companies to find them qualified contracters. The firm runs the ads, screens applicants, etc. IBM pays the firm and the firm pays the contractor's salary (the contractors invoice, technically).
The firm take a cut of the money. They pay the contractor X bucks an hour, and the firm charges X+Y bucks to IBM. The firm gets to keep the Y.
Now for 457 visa holders, it is a little more complicated. In order to maximize the tax benefits for being a long term overseas contractor, they farm out to specialized firms that understand this niche business. There are only a small number of them in Australia. Even though that also get a cut of my pay, the tax benefits to me pays it and gives me a little more in my pocket.
So, the agency hired by IBM then hires this 457 specialty agency to hire me, the overseas contractor. IBM pays the first agency, whom I call big pimp, X+Y dollars an hour. Big pimp then pays the specialty agency (whom I call Little Pimp), X dollars per hour and they in turn pay me X-Z dollars per hour after takinh their cut.
However, the tax benefits they get me cut my taxible income so that the taxes I have to pay are less that their cut, giving me a profit.
Technically, little pimp is my visa sponsor. They are responsible for me. I work for them. They pay my salary.
Confusing, eh? The Australian Immigration office thought so too. It turns out that some small agencies where abusing this structure to get Indian and Pakastani "programmers" into Autralia, then not getting them work but charging them handsome fees for this. They would then become illegal immigrants, which was fine with them. At least they got inside Australia.
So they changed the rules. In January 2004 they ruled that there can only be one agency between the employer and the contractor. I had to fire little pimp and get big pimp to take over as my sponsor.
That was not as easy as it sounds. Since little pimp was my visa sponsor, they have to give up my sponsorship. What this means is that I have start all over again and re-apply for permission to move to Australia to work. Given the political climate, the rules had changed since I was first granted a visa back in late 2001.
In addition, I had to find a pimp that would both sponsor me and give me some, if not all of the tax benefits I enjoyed under the old arrangement. Easier said than done.
So I shopped around. There are about 4 agencies in Perth that can do this. I interviewed with all of them. I finally settled on a small outfit called Icon Recruiting. Nice guys. I felt comfortable and I liked their terms.
Next hurtle was to get a new visa. My current visa was valid until December 2005. The immigration office cancelled all 457 visa effective Jan 31, 2004. That meant that unless I got renewed, I was going to loose my visa.
I hired the same firm in Syndey that got me my last visa to help me again. They do all the prep work and are really worth the fee.
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