RSMS 857 Visa

[Guest Brenny]

Hello All,

 

I have been in Australia for a year now. I have been granted the RSMS 857 3 months ago which I paid for myself. I have since become unhappy with my employer this is mainly due to the type of work I'm doing. I am getting 0 experience with this firm. If I stay with these guys my CV will look terrible at the end of the 2years.

 

I have read the previous thread on the 857 which have given me some great info.

 

I have been offered a job by a firm in Perth (not regionally). It is dream job and the employer is willing to sponsor me via the 457.

 

Ideally I would like to keep the PR, is there anyway of doing this?

 

Can I transfer from the 857 to the 157?? I have the relevent qualifications to apply for the 157...but that would be another 2.5 k if I had to forgo the 857 and reapply.

 

Is it possible to ask my employer to "let me go" and then I could say I made a reasonable effort to stay with my company...risky business.

 

Any help would be great.

 

~B

[Guest wanderer]

Brenny,

I have been offered a job by a firm in Perth (not regionally). It is dream job and the employer is willing to sponsor me via the 457.

 

Ideally I would like to keep the PR, is there anyway of doing this?

 

Can I transfer from the 857 to the 157?? I have the relevent qualifications to apply for the 157...but that would be another 2.5 k if I had to forgo the 857 and reapply.

 

Is it possible to ask my employer to "let me go" and then I could say I made a reasonable effort to stay with my company...risky business.

 

 

Bit of a can of worms there and I'd suggest that you might be better off squeezing more responsibility and expereince out of the employer - could be all sort of spin-offs for I'd not know of too many employers who would not want better value from employees.

 

But to answer your questions.

 

First off, on your application form

http://www.immi.gov.au/allforms/pdf/47es.pdf

 

85 DECLARATION

 

 

This declaration must be signed by the main applicant.

 

 

• I understand that if I apply under the RSMS, my visa may be cancelled

if I do not commence employment with my nominated employer within

6 months of arriving in Australia, or 6 months after my visa is granted

in Australia, or if I leave my position within 2 years of commencement

 

 

of my employment with my nominated employer.

Would carry some weight I imagine.

 

Next we have

Notice

The information posted on PomsInOz.com is general in nature and is not intended to be legal advice. PomsInOz.com accepts no responsibiity for the accuracy of any information given.

Users should ensure that any information given on PomsInOz.com applies to their circumstances. It is recommended that users seek professional advice if in doubt.

But in going on, what essentially you want to do is to cancel the PR you are on and go back to a 457 TR, probably unheard of and I doubt there'll even be too may IAs if any at all who have visited the concept.

 

Re:

Can I transfer from the 857 to the 157?? I have the relevent qualifications to apply for the 157...but that would be another 2.5 k if I had to forgo the 857 and reapply.

 

I take it you mean 175 and not 157 and that raises another set of implications/complications for a 175 is an offshore visa for which no bridging visa would apply but like I suggested earlier, stick with developing your job and maybe in two years time could you be General Manager!

 

Risky Business - leave that to Tommy, Tiger and Church of Scientology.

 

Now there could be some IAs who would like professional consultation.

[Guest Brenny]

Thank you very much for your detailed reply Wanderer.

 

I see what your saying and understand all your points BUT this new job is a dream job for me and coupled with the fact that i am getting rubbish experience where I am, that is where I am getting my motivation from.

 

I have made my feelings know several times to my employers about the work I'm doing, their response is that "we cannot control the work that comes in the door" which is fair enough but this will not change within my two years here. There is no managerial position to aspire to either.

 

I have seeked legal advice from a company named fragomen, they are investigating the situation and I am waiting or them to get back to me. (I only contacted them yesterday).

 

Sorry slip of the finger I meant 175visa. I was hoping seeing as I have already been approved for the 857visa I could transfer it across somehow even if I had to pay more.

 

Or

 

I could ask to be let go. In which case I should be ble to prove that I made adequate effort to stay with the company and have another company lined up to take me on.

 

It is a can of worms I know but I dont want to waste 2 years "waiting" to leave. That wont be good for my work or the soul.

 

~B

[Guest wanderer]

Brenny,

I have seeked legal advice from a company named fragomen, they are investigating the situation and I am waiting or them to get back to me. (I only contacted them yesterday).

 

There's some viscous tropical vines up in tropical Queensland country, called Lawyer Vines for a very good reason - these sharp hooks that are hard to get off if you get hooked.

 

I hope in your contact with any legal firm it hasn't been in the context of an open cheque and my very first actions pre contact with anyone wanting to charge me money is to be very cautious about who I consulted [fragomen!!!!! - I'd just wonder who would call themselves that?] and then get very specific what it was I wanted.

 

And then I'd be saying to a legal company in writing what is going to be your fee to look at this situation and advise on possibilities and likelihood of outcomes.

[Guest Brenny]

Brenny,

 

 

I hope in your contact with any legal firm it hasn't been in the context of an open cheque and my very first actions pre contact with anyone wanting to charge me money is to be very cautious about who I consulted [fragomen!!!!! - I'd just wonder who would call themselves that?] and then get very specific what it was I wanted.

 

And then I'd be saying to a legal company in writing what is going to be your fee to look at this situation and advise on possibilities and likelihood of outcomes.

 

Will do the above Wanderer so far all they know is that "I MAY be interested in their services" if they come back to me with good info

 

I was reccommended this particular person by two people who used her, one in a similar but easier situation to me. (changing jobs on a 457)

 

~B