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187 DE

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    187 Visa Processing Time

    in Working and Skilled Visas

    Posted · Edited by 187 DE

    1 hour ago, ring3018 said:

     

    1. you do not start working in your nominated position within six months from the date of the granting of the visa, or you fail to convince the DIBP that you have made a genuine effort to start working in the position you are supposed to undertake within six months after entering the country.
    2. you start employment but you terminate it within the first two years and you fail to satisfy the DIBP as to your effort to remain in your sponsored job for the prescribed two years.

    Because, 187 Rsms doesn't state that you have to work there before the visa granted even if you're onshore. It's your choice to work with them before the visa granted. The purpose for this visa is for you to move in the regional area and stay there for 2 years when you got the visa. 

     

    I need that you read my first post as there is some misunderstanding. 

    I agree with what you posted, but it is not what I said at the beginning. It's obvious that if you get the visa approved and you were not working in the nominated position, you must stay for 2 years after your visa is granted and/or starting to work within 6 months from the day of your approval.

    Moreover, I cannot understand how  an employer could sponsors someone who's not working already for his/her business...

    I basically said that if you start to work for someone who sponsored you  with a full time contract signed as required for the 187, and you got your visa granted after 25 months, you have reached the requirement of 2 years.

    Example:

    Started to work in the business as casual in Jan 2015. Employer happily gives you the sponsor 1 year later in January 2016. Your migrant agent prepares the documentation required such as the contract full time signed on the 15th of January 2016 (this is when you commence to work full time for visa purposes). Rcb, Nomination and visa with all docs ready to submit on the 15th of Jan 2016. 

    Nomination and visa granted 25 months later, on the 15th of February 2018. 

    You satisfied the 2 years requirement, so you can leave giving of course the right notice period of time to your employer.

    At least this is what the immi dept said when I called them, and my agent confirmed. 

    • Like 2

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    4 minutes ago, ring3018 said:

    Here, on Homesaffairs page it stated:

    https://www.homeaffairs.gov.au/trav/visa-1/187-

    Your obligations

    You and your family must comply with all visa conditions and Australian laws.

    We might cancel this visa if you do not make a genuine effort to begin employment with your employer within six months of:

    • your first entry to Australia if you were granted this visa while you were outside of Australia; or
    • the visa being granted if you were granted this visa while you were in Australia.

    We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years.

    If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled.

    It states that they cancel your visa if you don't start to work within 6 months when you have the visa granted, or if you start to work, but you quit before the 2 years starting from when you commence to work. 

    At least it is my interpretation. 

    If you got your visa granted and you work in the position for more than 2 years, there is any issue. 

     

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    2 minutes ago, ring3018 said:

    I read this as well. It is not stated before or after visa granted.

    That's right, it states 2 years starting when the applicant start to work and not 2 years starting when the visa is granted. 

    I guess it makes sense as nowadays it takes 24 months for the visa granted. Then another 2 years to work for the same employer is a total of 4 years...quite ridiculous I think. I mean, circumstances can change...

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    40 minutes ago, Iloveaus said:

    Hi there,

    That sounds like a great news. 

    Not that I am not believing you, but this has been so  controversial and everyone is saying something different. Could you please advise where can we find this info on the immi website?

    Cheers

     

    According to the MIGRATION LEGISLATION AMENDMENT (INTEGRITY OF REGIONAL MIGRATION SCHEMES) BILL 2000, 

    The Minister may only cancel a person’s visa under new subsection 137Q(2) if:

     -       the Minister is satisfied that:

     -       the person commenced the employment referred to in the relevant employer nomination; and

     -       the employment terminated within the required employment period of 2 years starting on the day the person commenced that employment; and

     -       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.

    137Q.rtf

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    46 minutes ago, ring3018 said:

    I swear never believe in the immigration phone calls, some of them are not training well. Ask other registered migration agent and you will know. 

    Thanks to their information, my cousin's visa turns to bridging visa E and he has to leave the country. 

    My agent confirmed it, and actually makes sense. And the legislation is quite clear about it as it states that the 2 years start when the applicant commence to work and not when the visa is granted. 

    What happened with your cousin if you don't mind?

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    1 hour ago, Synergy22 said:

    Is the full time for visa purpose going to be counted when visa is applied or when rcb is applied?

    Well, when you apply for the visa you should have all the documentation ready to submit  to the department including your contract. The 2 years starts from the day of your contract.

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    Hi all,

    Just wondering if anyone could clearly declare that it is possible to leave the workplace for which you received the nomination after 2 years from the commencement of the full time contract and not from the 187 visa granted. 

    Example:

    - Applying for nomination and visa (187 DE onshore) with contract full time on the 1st of June 2016. Nomination and visa granted after 22 months on the 1st of April 2018. When is it possible to leave the workplace, on the 1st of June 2018 or on the 1st of April 2020? 

     

    According to the MIGRATION LEGISLATION AMENDMENT (INTEGRITY OF REGIONAL MIGRATION SCHEMES) BILL 2000, 

    The Minister may only cancel a person’s visa under new subsection 137Q(2) if:

     -       the Minister is satisfied that:

     -       the person commenced the employment referred to in the relevant employer nomination; and

     -       the employment terminated within the required employment period of 2 years starting on the day the person commenced that employment; and

     -       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.

     

    According to the legislation it seems that it is possible to leave the workplace after 2 years starting on the 1st of June 2016 in this case. 

    Anyone went through this kind of debate? Attached is the legislation.

    Thank you for your answers guys, really appreciated. 

    137Q.rtf

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