Jump to content

You're currently viewing the forum as a Guest
and join in with discussions   
ask migration questions
message other members

..and much much more!


  • Content Count

  • Joined

  • Last visited

Community Reputation

10 Neutral

About Fabian

  • Rank

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Fabian

    RSMS visa (2 year contract)

    @shikac "They told me that you have to stay in same or similar occupation in a regional area for two years, but you can change employer,just you have to inform DIAC about that" They told you wrong. No Condition on SC 119 as its permanent. Don't have to stay in your occupation because its a permanent visa. If you think I am wrong please check Section 137Q Migration Act and let me know where it says they can cancel your visa if you don't work in your occupation anymore. Doesn't stand anywhere mate :smile: If you abuse the visa, pretend to start working but the next day you resign and head off to Sydney DIAC might feel a bit screwed around by you. Don't believe everything the DIAC hotline tells you. Ask a good registered migration agent to explain the situation to you...not DIAC
  2. Fabian

    857 visa or slave...

    "And they can't complain about anything or even start raising any issues about this question, because employer simply can cancel their visa ant thats it-goodbye Australia. People who advice to go to employer and complain about their working hours simply do not understand the situation and the purpose of these employer sponsored visas. These visas are designed to benefit Australian businesses, not their holders." Excuse me ? That's probably the biggest pile of rubbish I have seen for long time here at PIO. Same goes for SBN. Where you get that crap from ? Probably your employer is threatening you. We have laws in Australia. Irmaal : 1. Employer CANNOT cancel visa. Where you got that rubbish from ? NO employer in Australia can cancel any visa. Only the Department of Immigration an Citizenship can issue and cancel visas. Nobody cares about the horror stories from the brother or a cousins friend 2 years ago where an employer told him that he will get his visa cancelled because its not true and not possible. A Immigration officer / delegate from the minister of Immigration and Citizenship can cancel your visa. Got it ? Employer have to report to DIAC when they participate in the 457 program if anything goes wrong but that does NOT mean the visa is cancelled by the employer. But apart from that, 2. Its a PERMANENT visa. They don't have conditions on a 857 visa as its permanent. Do you think employer can cancel a permanent visa in Australia ? Yeah...ok. Its an employer sponsored visa..yeah. So ? Have a look in the MIGRATION ACT 1958 - SECT 137Q Cancellation of regional sponsored employment visas Employment does not commence (1) The Minister may cancel a regional sponsored employment visa held by a person if: (a) the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and (b) the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period. Employment terminates within 2 years (2) The Minister may cancel a regional sponsored employment visa held by a person if: (a) the Minister is satisfied that: (i) the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and (ii) the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and (b) the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period. Regional sponsored employment visa (3) In this section: "regional sponsored employment visa" means a visa of a kind that: (a) is included in a class of visas that has the words "Employer Nomination" in its title; and (b) is prescribed by the regulations for the purposes of this definition. Does it say anything about an employer can cancel a visa or a permanent residence ? I cant find it. Please quote your source of information Irmaal Because I personally think You have no clue what you are talking about, but you might be an employer who sponsors migrants and you have that view but thanks for scaring RSMS visa holder here on the forum. " Are you geting your pay for the overtime? If yes, then you are lucky. I know people on work visas that are working overtime hours without beeing paid. Thats were the real slavery begins." Yes it is. And guess what ? We have workplace laws in Australia. No, its real. The visa holder can go to Fairwork Australia and lodge a complain about that. And then ? NO, the employer will NOT cancel the visa because no employer can do it. Seriously guys, get proper information before scaring the Permanent residents off.
  3. Well, we don't know what happened in these cases . I think it might be something like what cowboy said . However , rsms visas have been cancelled before and its not just a myth .
  4. I hate to burst your bubble but there ARE actually visas that have been cancelled under the Act. See http://www.immi.gov.au/about/reports/annual/2006-07/html/outcome1/output1_3_2.htm Scroll down to Section 137Q and read for yourself. 2 Cases from 2006-2007. So your immigration officer then talks a lot of bullsh** and I would be VERY careful what I believe in future from this person. That's the annual report. I can't believe they are lying in their own report or faking it... might be a shock for some people now to see the proof that it CAN happen, although 2 cases out of thousands is not "many". Interesting is that in none of the Reports from 2007 onwards there is anything mentioned about the Cancellation under 137Q. You will find cancellations due to a failed character test, refugees statistics, detention. But you won't find the RSMS thing anymore. Maybe this was just a "game" from the Howard government ? Still. The 2 cases are there from 2006-2007. Obviously some people don't read the annual reports...otherwise people would know that there ARE cases where it happens instead of claiming there have been no cases or no cases they were aware of. Mr. Wrussel, your turn
  5. Emmamx : Section 137R is talking about something different. You mean 137Q. also : "b) the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period" That is a VERY tricky thing. I will bet another $100 that at least 90 % of RSMS visa holders can easily prove that they have made a genuine effort by working their ar*** off for their sponsor but the sponsor keeps using and abusing them. Threatening to cancel a sponsorship is actually illegal by the way If the employee has done everything possible to stay employed the minister will very likely not cancel your visa. And this can be proven with people who have left the position within the 2 years and nothing happened. I actually know 2 of them here in Canberra. They have worked overtime constantly, which is against the law if you are not getting paid for that or no extra leave, so the employer has breached the contract.
  6. "but I work my ass off and still they're always threatening me with losing my visa, I've been feeling really scared of loosing my residence and everything I've fought for, I don't know what to do, please help me, any advice?" Get evidence and witnesses for this claim and take your issue to DIAC. You could probably leave anyway and if the company reports you then you have proof Otherwise, get a lawyer.
  7. You got a message Lanka.
  8. Fabian

    PR cancellation for Crime

    That is interesting. Someone who shot a police officer, sentenced to 12 years and then assaulting someone seems to satisfy the minister. Thanks for that good piece of information.
  9. Fabian

    PR cancellation for Crime

    Hi guys, I came across a website saying the following : Cancellation under s.501 Section 501 of the Migration Act contains grounds for the cancellation of a visa where the Department of Immigration is satisfied that the visa holder: Would be likely to engage in criminal conduct in Australia Would vilify a section of the Australian community Represents a danger to the Australian community Would incite discord in Australia Is 'not of good character' I am not a criminal and I have not committed a crime but what exactly is that section 501 suppose to mean ? In Australia many things are "crime" its an offense to be drunk in public, walk on the right side of the footpath,acting in a disordering behavior (which could be...anything ?) and many more where probably the majority is not even aware of. The question that came into my mind is are there PR cancellations happening and for what type of offense ? Murderer,manslaughter, possession of child pornography, having a smoke in a nightclub, stealing a bottle of rum, having declared one pen to many on the last tax declaration, trying to get into the county without knowing you had tiny particles of dirt on your shoes and quarantine charges you... the list goes on. Just would be nice to know. Source : http://www.beyderwellen.com/immigration-practice-areas/cancellations.htm
  10. Fabian

    RSMS timeline

    Form 1121i was the old skilled occupation list...you can't fill that one out because its not an application or anything like that. It was the old SOL :mask: If you agent really asked you to fill such a form out I wouldn't use that agent any more as she talks complete gibberish. She should know the format of you work experience and she also should know whether work experience must be paid or not. Or did you flipped a number around and you meant a different form ? I won't go into details about the format because that's what an agent is for and I am not allowed to give such advice because I am not registered as an migration agent, but I can tell you that my work experience was paid. BUT, this wasn't written in the reference. In my references that I produced it was just saying that I worked as a part time cook from xxxxxxx to xxxxxxx and thats it. It didn't mention anything about an award or an hourly rate and its normal that many student cooks work for free before getting qualified in Australia. I wasn't even giving DIAC the reference from the employer that I worked for 3 months before I left this employer and moved to my sponsor because they treated me like crap and didn't give me a reference...still got my PR granted. " ok thanks very much Fabian. I have an agent but she's in australia. we communicate thru email. thanks again" I am in Australia too :cool: The agent should answer all your questions if you have a good one,
  11. Fabian

    RSMS timeline

    I had exactly 2.5 months work experience in Australia before I applied for the RSMS process. By the time we lodged the 119 I had like 4 months work experience. I worked before as a student cook at some places but as a qualified cook/chef I only worked for 4 months. PR Granted and enjoying my Australian life. Wasn't a problem in my case...ask your agent, he/she must know such things. If you dont have an agent I would suggest you get one. It might make little difference for the independent migrant visas or GSM visas but for the employer sponsorships I would use an agent because many things can go wrong that we applicants don't even know about. For example my boss had to change the duty description because DIAC would not pass that description , my agent said. So we had to change it. Same for the contract where there was a grammar mistake. it CAN be the difference between getting it or not.
  12. Fabian

    RSMS timeline

    It should be lodged DRC , yes. Contacting DIAC won't help as they won't give you much information. You have probably signed a piece of paper saying that your agent will communicate with DIAC. However, I just sent an email to the Parramatta PSE unit and asked whether I already got a CO or not. A nice lady responded and gave me the name of the agent. Please don't get to worried. Nobody told my agent about the allocation and I didn't know it either until I sent that email. We only heard from the CO lady 3 weeks after the lodgement when the nomination got approved. It took 3 weeks because there was the eastern break in between and the CO was on holiday for 2 days. Before the nomination wasn't approved we didn't hear anything...
  13. Fabian

    RSMS timeline

    I cant advise because I am not an migration agent. You dont give much information mate, so its hard to tell. Is the nomination lodged DRC too ? Its 2 different processes and my agent actually sent me the 2 different emails/acknowledgement. One was for my employer (I still got it because my boss agreed to that I am involved in the whole process) stating that the nomination has been lodged DRC. The other email was an acknowledgement for my SC 119 application. Its a different reference number,case, file number and so on. Maybe your nomination wasn't lodged DRC but your SC 119 application was ? Ask your sponsor to see his/her acknowledgement letter. All I can say is that a friend of mine (also a Chef like myself, working in Lyneham here in ACT) just got his RSMS approved , and SC 119 granted, after 9 days.
  14. Fabian

    RSMS timeline

    My agent said the same to me. 3-4 weeks he said. In the end I waited 5 weeks in total. Don't worry.
  15. Fabian

    no update on aspc.processing@immi.gov.au

    "it's a public holiday in australia - relax" Rubbish! In which state is Queensbirthday on the 6th of June ? In no state in Australia. We are not New Zealand where they actually celebrate on the 6th. Its celebrated on the 13th in every state/territory except WA where they celebrate it on the 28th of October.