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Leaving a sponsorship with Mutual Agreement


pierinho

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hi guys, i have a little problem that i'd love to solve!

 

'll try to be quick and easy ...

i'm sponsored in tassie, got my residency 1 yr ago and now i'm planning to leave them at the beginning of 2013.

(wich make about 1yr and 5months on sponsorship).

can't stay anymore for different reason,most important one is that i would like to get a better job up north in Cairns area or remote northern territory!

i spoke with my manager and he agreed to let me go without any problem if i'm not happy anymore there!he also told me that he'll do everything is possible to help me as long as is done LEGALLY!

 

problem is that he has no idea how to do so,or where to find info about it....the person who brought me down here(was from the HR department) is gone and nobody seems following my case anymore....

boss thought that i was already "free" to go with any problem!o.O

 

now, i did some research but i'm still a bit confuse...

i know that its easily possible to leave as long as u keep staying and work in a regional area!!

i'd like to know,possibly, the steps to follow in order to do it correctly and legally like my sponsor want!!

 

should i advise the DIAC first?or my boss has to do so first!?

are we obligated to inform the DIAC or case officer???

 

if anyone could help will be much appreciated!!!

 

love and light!!!

gio

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Hi Gio,

 

Do you already have a job to go to?

 

I'm no expert as am just going through the initial process to get there myself, but here are my thoughts.

 

I assume that when you say sponsorship, you are currently in Australia on a 457 Visa, if so, then the rules are quite clear. Once your sponsorship has ceased with your employer you have 28 days to find an alternative sponsor or you must leave Australia. What confuses me slightly is that you state you got your residency 1 year ago but have been on sponsorship for 1 year 5 months. Did you originally go on a 457 visa then applied and subsequently received PR?

 

I think (but am not entirely sure) that the decision as to whether you owe the original sponsor any money or not is completely down to the original sponsor. So sounds like you would be clear there.

 

Anyway as I say I am no expert, but I hope this helps.

 

Regards

 

Simon

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hi simon, i'm on a PR granted on 23 august 2011...RSMS 857....and my "obligations of 2 yrs" will ending on august 2013...but i'd like to move up north on next january!!!

i'll have an interview there this november!!!and i'm really confident:D

 

important for me is to get out from here and in the worst case i can definitely get my old job back in Geelong that is still regional place!!!

 

regards

gio

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hi simon, i'm on a PR granted on 23 august 2011...RSMS 857....and my "obligations of 2 yrs" will ending on august 2013...but i'd like to move up north on next january!!!

i'll have an interview there this november!!!and i'm really confident:D

 

important for me is to get out from here and in the worst case i can definitely get my old job back in Geelong that is still regional place!!!

 

regards

gio

 

Aha, thank you for clarifying Gio. I have no experience or knowledge of the RSMS 857 visa, so ignore all that I said above hehe.

 

I am sure someone will be along to help soon though.

 

Best of luck.

 

Simon.

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I am not an agent but this question has arrisen and been answered a couple of times. As long as you are not heading to to a big city in the Eastern states and are planning on remaining in a regional area in the same type of work then you should be ok. Problems would only arise if you headed to Sydney as a taxi driver instead of continuing in your nominated occupation. Use search on rms or rsms for the threads. Good luck with the move.

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You should take advice from a Registered Migraiton Agent as you you are suppose to work in the poistion that has sponsored you for 2 years, or your visa could be cancelled.

 

"The department may 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."

 

You need to show compelling reasons why you were not able to remain in the position for the two years, as long as you have worked for 1 year it is less likely that it will be cancelled.

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