Gaurav Raheja

https://paxmigration.com.au/rsms-visa-cancellation-policy-change-foreign-worker-exploitation/

Update on 187 Visa Policies RSMS Visa cancellation policy change – foreign worker exploitation In a positive development for Subclass 187 Regional Sponsored Migration Scheme (RSMS) Visa holders, the Department has updated its policy on visa cancellations in response to concerns raised over possible foreign worker exploitation. The policy centres around whether to cancel an RSMS visa if the visa holder has not satisfied their obligation to complete the required two years employment with their nominating employer. For cancellation to occur, the Department must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two-year employment period. According to policy, periods of more than 12 months may generally be accepted as representing a genuine effort. However, a visa holder can be found to have made a genuine effort if employed for under 12 months. This is a generous concession as it is contrary to the current law (which requires a minimum two-year employment period) and implies that after 12 months of service with their nominating employer, RSMS visa holders stand a good chance of demonstrating a genuine effort and thus avoiding their visa being cancelled. Be mindful that the individual circumstances of each case will be considered when determining whether there has been a genuine effort made by the RSMS visa holder. The policy raises the possibility that foreign worker exploitation may be occurring in certain instances by making the point that the Department needs to be alert to possible claims by an unscrupulous employer that the visa holder has left their employment without making a genuine effort to stay employed for the required two-year period. As of 1 October 2019, the Department has changed its policy to remove the onus on the visa holder (which was previously the case) to satisfy the Department that they have made a genuine effort to commence employment or to complete the required employment period. This change is significant. By moving the onus away from the visa holder, the Department is clearly communicating a change in its approach to a more supportive attitude to the visa holder. Clearly the Department are raising the priority of their enquiries to the protection of RSMS visa holders in instances where theyare being exploited by their nominating employer. This also means that RSMS visa holders can now feel more comfort that the Department will support them if an employer has done the wrong thing. It is unclear at this stage whether the two-year employment period commences at time of visa grant (which would normally be the case), as the clock start date depends on how the employment contract connected with the RSMS nomination is written. Policy also states that even where there are grounds for visa cancellation to occur, the Department is required to consider certain factors when assessing whether to exercise its discretion to cancel the visa, including: If there are children whose interests would be affected by a visa cancellation, the Department needs to consider the best interests of those children (aged under 18) as a primary consideration when deciding whether to cancel the visa; the circumstances leading to the grounds for cancellation; the visa holder’s current and past behaviour in relation to the Department (for example, the truthfulness of statements made, or in applications under consideration by the Department); links to the community the visa holder may have made in Australia (such as family, social and business). Strong ties to regional Australia and continued employment in that area may also be given special consideration; and the length of any period of employment with the sponsor, including any previous employment with the sponsor whilst the visa holder was on a temporary visa. The visa holder may also be invited to attend an interview with the Department in cases where further issues are to be resolved in considering whether to cancel the visa.

Hi Guys, Having a quick query, I have been sponsored on 457 from Dec. 2015 with an employer in regional town of WA, worked on 457/482 for 3 years and 10 months, than sponsored with the same employer on 187 in September 2019, now finishing a year on 187. Have been with the same employer, in the same location and same position. Hitting 5 years in 2 months time. Management has changed now, its getting harder to work with the new management. If i leave now before even finishing that 2 years 187 condition. Would that effect my 187 visa, been with the same employer for almost 5 year, would DOHA give the little consideration that. Thanks heaps for any assistance in advance.

Hi Everyone, I am here to share my time-Line Left home for Switzerland to study - Jan. 2005. (I was 18 years) Left Switzerland (no possibility of PR) in Jan 2007, got the job in Dubai in Jan. 2007 Left Dubai in Oct. 2011 to India as no possibility for PR in Dubai. Worked in India from Oct. 2011 to Dec. 2014. Arrived: Feb. 2015 to Australia on a student visa. 457 Visa approved: Dec. 2015 in regional area. Owners changed two times in the same place during my tenure, 2nd owner do not want to sponsor anyone. Third owners sponsored me, (187 TRT applied): May 2019 Asked for Dubai police clearance on 22nd August 19 and provided on 4th Sept. 2019. Got my PR today on 01st Oct 2019. (I am 33 now). Occupation: Hotel or Motel Manager, State: W.A. It took 15 years to achieve what I wanted to achieve, the secret is honesty, hard work, patience sacrifices and the zeal of not giving up. I wish you all the very best, leaving this forum today.

My title is Assistant Manager on 457 but it is nominated as hotel or motel manager, I have been working for 2 years and 6 months on 457 visa, Yes I have put that in my application, There is not such any rule about the position, all what they saying experience as an appropriate skill level which I have been on.. I understand the rules are getting bit stricter day by day.......I need to find the way to put the case in more clearer way and I am not sure how it would happen....

Thanks for the response. However, I have few following things to understand. I am sponsored on 457 as a hotel or Motel manager occupation first thing, Second thing is This is one of the website says, Hotel or Motel Manager Immigration to Australia PR Visa Alternative Titles: Hotelier Publican Organises and controls the operations of a hotel or motel to provide guest accommodation, meals and other services. Registration or licensing may be required. Skill Level: 2 Specialisations: Duty Manager (Hotel) Resort Manager The position as duty manager, assistant manager front office, or assistant front desk manager are same the similar roles, this is my one point. Second point is : This below is posted in hotel or motel manager in vetasses website, my point here is the underline point says one year of post qualification experience at an appropriate skill level. In order to reach that ultimate position to control the hotel operations, it takes 15 to 20 years time. It doesn't happen in 1 year. Whereas they are saying only 1 year post qualification, in 1 year no one can come to the higher position it would be starting position. I have had friends who have less number of experience and worked in the smaller position but they have had their skill assessment done Hotel or Motel Manager (Diploma Level) (ANZSCO Code 141311) This occupation requires a qualification assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Diploma, in a field highly relevant to the nominated occupation. In addition to this, applicants must have at least one year of post-qualification employment at an appropriate skill level completed in the last five years in a field which is highly relevant to the nominated occupation. If employment is not post-qualification, then three additional years of highly relevant employment are required. If the qualification is not in a highly relevant field, two years of employment at an appropriate skill level, completed in the last five years which is highly relevant to the nominated occupation is required. This is reduced to one year if there is an additional qualification at least at AQF Certificate IV level in a highly relevant field. A positive assessment of both qualifications and employment is required for a positive Skills Assessment Outcome. A highly relevant field of study would be Hospitality Management, which is the study of managing the operations of organisations which provide hospitality services (ASCED). Tourism/Events Management Studies without relevant subjects in Hospitality/Hotel Management would not usually be considered positively for this occupation. Please note that employment as Restaurant Manager on its own will not be positively assessed for Hotel or Motel Manager as it better matches the separately listed occupation of 141111 Café or Restaurant Manager. For visa-related requirements including caveats that may apply for certain occupations, please visit the Department of Home Affairs website

I have worked as a Manager for more than 5 years in 5 Star Hotel level like Hyatt, Accor etc. Below is the response from Vetasses : A Hotel or Motel Manager organises and controls the operations of a hotel or motel to provide guest accommodation, meals and other services. Clear evidence of tasks performed at the required managerial level with primary responsibility in organising and controlling the operations of a hotel including reservations, reception, housekeeping, security, bar and restaurant and human resource management should be demonstrated. Based on the documents provided, your roles as an Assistant Front Desk Manager, Duty Manager, and Assistant Manager Front Office do not demonstrate that you held ultimate responsibility for all operations and services offered by the hotel. Therefore, your paid employment has been assessed below the skill level required of the nominated occupation. Unfortunately, based on the above, the overall result of your skills assessment is negative. A positive assessment of both qualifications and employment is required for a positive Skills Assessment Outcome. Skills Assessment Outcome: Negative Based on the evidence provided, the qualifications and/or employment described above do not meet the Skills Assessment requirements of your nominated occupation.

Yes, i have met the criteria, it says experience on skill level that means it should be on any managerial level....

Hello Members, I am working as a hotel or motel manager on 457 visa and I am looking forward to apply for subclass 190, and i need to have skill assessment for that. I have worked as a Assistant Manger for front office for almost 5 years and in total i have 10 years of experience and having hotel management Diploma''s as well however still I have received the negative skill assessment. Can anyone would be able to advice me that where I have gone wrong ? Thanks