Adam Robinson and Nathalie Glindholm are surrounded by their hard earned piece of Australian suburbia in the shape of a house with vegemite in the cupboard, cats sleeping on the sofa and a backyard made for Sunday BBQs. Robinson came to Western Australia in 2011 looking for a better life after struggling to find work during the recession in the UK. On his way, during a stop in Asia, he met Swedish native Glindholm and convinced her to join him. Love struck and adventurous she accepted the offer and has never looked back, although their choice to settle in Australia has come with its own set of challenges.

“I’ve felt defeated at times and questioned if I really want to stay in this country,” says Glindholm.

Living in shabby hostel rooms overflowing with backpacks and people in fisherman’s pants, the couple had encountered many tales of the difficulties of acquiring a visa in the land down under. They therefore thought they had hit the visa jackpot when Robinson, a carpenter, was offered sponsorship for a 457 visa at a smallconstruction company.

“We couldn’t believe our luck. We would get temporary residency, the main cost of the visa would be paid for by my employer and I would also get a two year employment contract. It seemed great at the time,” explains Robinson.

The application process included proving Robinson’s carpenter qualifications, retrieving specific work references from previous employers in England, providing evidence of his relationship with Glindholm, and paying a fee of around $900. In 2013 this fee increased dramatically to $3470 in an attempt by the Government to improve the credibility of 457 visas and reduce the number of applicants.

After the large pile of paperwork was sent to the Department of Immigration and Border Protection, long months of waiting followed.

“It was quite stressful not knowing what was happening. I was constantly wondering if the visa application would be granted, if we should extend the lease on our apartment, if we should buy new furniture, if I should plan my return to Sweden. There were a lot of ‘ifs’,” says Glindholm.

In June 2012, after four months of waiting, the couple was finally granted the 457 visa and temporary residency. Shortly after, Robinson’s employer took on a large contract to build a house in remote WA, winning the job as he was able to price it cheaper than other construction companies. Robinson now know that this was because the employer was paying him and his colleagues, all on 457 visas, less than Australian residents doing the same job.

After working remotely for many months to complete the house at a site near Kalgoorlie, Robinson and his colleagues returned to Perth with red dirt under their steel capped boots, only to find that their mailboxes were missing salary statements. Their boss had incurred a large loss because he had underpriced the job.

“None of us were paid for four months. We were given no explanation, no warning or apologies. I looked into reporting him, but I could only conclude it would mean I would lose my visa.”

Trainee Migration Lawyer at Carina Ford Immigration Lawyers in Melbourne, Julia Larner, explains that these situations are common.

“Usually in our cases the employee does not want to stay on in that employment and reports the malpractice to the DIBP who will make suggestions. The sponsoring employer is not authorised to cancel your visa on this basis, but unfortunately employers might find other grounds to dismiss the person,” says Larner.

When a 457 visa holder has their visa determined by the DIBP, their three options are to apply for a different visa subclass, undertake employment at an alternate approved business sponsor, or depart Australia, all within the timeframe of 90 days.

“It’s like an ultimatum. Either you stick up with the terrible working conditions or you pack up your life and depart the country,” says Robinson.

The couple’s story, as well as the recent media attention on allegation of migration fraud, highlight how vulnerable migrants are to exploitation. The majority of migrants are unaware of their rights at work and feel trapped when their employer demote them, pays them less than agreed or in other ways abuses their power. While the DIBP states that migrants are protected under the Fair Work Act 2009 and provided with the same workplace rights as Australian citizens, many feel that they are putting more than just their job security at risk by contacting the Fair Work Ombudsman.

“If you’re treated unfairly you should be able to use your rights, without having to worry about your entire life being unraveled. It becomes a vicious circle,” says a frustrated Glindholm.

While the number of 457 visas granted by the Government has plummeted over the last year, Australia’s 12-year high unemployment rates are causing locals to question if working migrants are to blame for their trouble in finding a job.

“The general public political climate is teaching people that migrants are frauds and ‘stealing their jobs’ because they don’t know the real reasons,” argues Larner.

Anka Pivac, director of Piv’s Engineering, a WA company that has provided 457 visas over the past 10 years, clarifies that sponsored jobs first of all have to be subject to labour market testing.

“You need to prove to the DIBP that the position is unable to be filled by a qualified Australian resident. For instance, if no one responds to your advertisement. Most Australians in our industry went where the money is as a result of the mining boom,” says Pivac.

For Robinson and Glindholm the road to residency is an ongoing struggle. The couple have decided to apply for the Skilled Migration 175 visa, which includes fees of around $10 000, hoping the end result will be permanent residency.

“I feel like we deserve to stay in Australia after having gone through this whole process. We’re nice people trying to work decently and do things the right way. We just want to live a life here,” concludes the couple.