Ive had enough...i am resigning early on rsms 857.

**wrussell** · 01-11-2011, 11:29 AM

Originally Posted by p182

The Department offer different advice on their website so make sure you get some good advice. See here: http://www.immi.gov.au/skilled/skill...bligations.htm

Regional Sponsored Migration Scheme (Subclass 119/857)
Obligations

Employer obligations

The employer must make sure that all relevant workplace laws and award conditions are met.

The employer must provide the employee with a letter of offer or employment contract which states that the employee will be employed:

full-time
for a minimum of 2 years
in a regional area.
Employee obligations

The employee must meet the following obligations.

commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia
remain employed in the nominated position in the regional area for at least two years.
The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer.

Do not rely on information published on the DIAC website.

**SBN** · 03-11-2011, 02:34 PM

i do qualify but heard that immigration fine ( no idea how much amount) if job left before 2 years...but can they cancel citizenship??

**SBN** · 03-11-2011, 02:38 PM

i do qualify for citizenship but not sure can i leave employer or not as i heard that immigration fine the person ( not sure about amount) for breaking the contract...

**SBN** · 03-11-2011, 02:41 PM

Originally Posted by Srp

if you qualify for citizenship then you would no longer be on a visa, but you have to be here 4 years to apply for citizenship and have spent at least 12 months on a PR visa. I think that's how it works. before you can be considered for citizenship.

i do qualify but not sure leaving the emplyer before time..as i heard immigration fine ( not sure the amount) for breaking the contract...

**wrussell** · 03-11-2011, 10:56 PM

Originally Posted by SBN

i do qualify but heard that immigration fine ( no idea how much amount) if job left before 2 years...but can they cancel citizenship??

No executive branch of the (federal) government may exercise a judicial function. Imposing a fine is a judicial function. The DIAC is a executive branch ... You should be able to work it out from there.

How may cases have you heard about where Australian citizenship was cancelled?

**SBN** · 04-11-2011, 12:09 AM

Originally Posted by wrussell

No executive branch of the (federal) government may exercise a judicial function. Imposing a fine is a judicial function. The DIAC is a executive branch ... You should be able to work it out from there.

How may cases have you heard about where Australian citizenship was cancelled?

have't heard any case of cancelation but someone on this website has written about imposing fine.....

**melbournegirlinny** · 04-11-2011, 12:20 AM

Listen to Westly. He is correct. There are lots of things written on forums that are wrong. I'm sure no migration agent or lawyer wrote that since it is wrong.

**George Lombard** · 04-11-2011, 12:41 AM

Originally Posted by melbournegirlinny

Listen to Westly. He is correct. There are lots of things written on forums that are wrong. I'm sure no migration agent or lawyer wrote that since it is wrong.

Actually I was just going to take Westly to task about citizenship cancellation, or "revocation" as it's called under s.34 of the Australian Citizenship Act, I don't think those provisions are inactive.

He's quite correct though that there's no likelihood of a fine (or even an administrative penalty) for leaving an RSMS employer prematurely. The major issue with RSMS cancellations is compliance with the PAMS governing s.137Q and what constitutes a "genuine effort".

Regards,

George Lombard

**melbournegirlinny** · 04-11-2011, 12:53 AM

Yes, agree on all that :-)

**SBN** · 04-11-2011, 02:17 PM

Originally Posted by George Lombard

Actually I was just going to take Westly to task about citizenship cancellation, or "revocation" as it's called under s.34 of the Australian Citizenship Act, I don't think those provisions are inactive.

He's quite correct though that there's no likelihood of a fine (or even an administrative penalty) for leaving an RSMS employer prematurely. The major issue with RSMS cancellations is compliance with the PAMS governing s.137Q and what constitutes a "genuine effort".

Regards,

George Lombard

i called immigration about cancellation of citizenship on 4/11/11...lady explained that citizenship can not be cancelled in any case , unless someone is involved in terrorism activities or fighting against Australia from enemy side...she also explained once citizenship is granted our PR staus is void..we r no more on visa..so in that case ,i reckon if we leave employer on 857 (after citizenship) ..no fine and no more visa cancellation.