Rsms and citizenship problems

[alberto1982]

I would like explain my case with chronological dates and events.

 

I arrived to Australia 5 February 2009 with a Business Visa for 3 months. I remained in Australia with a bridging visa until June 2009.

The same employer sponsored me with a visa 457 in June 2009, later in 2011 I applied for RSMS Class BW - Subclass 857 (granted on January 10, 2012). On 05/02/2013 I was eligible to apply for Australian citizenship.

 

On 27/01/2013 my workplace was affected by a huge flood, where even the town where I live was isolated over a week with huge coverage on all media. Due this extreme circumstances, I was advised by my employer to look for other sources of employment on 11/02/2013, as at that stage they could not guarantee wage payments, due the magnitude of the floods. However, I never left my work or missed at work as I worked in rebuilding the facilities as casual (30 hours a week).

 

With this in mind and since I already have accomplished with requirements for citizenship, I advised DIMIA of this circumstance to considerate compassionated grounds to speed up the process for my citizenship process. As per my knowledge the expected time frame given by the Department is usually 5-6 months to finish the process and get the appointment for ceremony.

 

Since the time frame suggested been over its limit, I decided to contact the Citizenship Department asking in regarding my citizenship process. I have talked with the DIMIA office phone line (131880 ) and they notified me, my citizenship can not be further processed due a consideration to cancel my current visa from February 2013, but they never notified in written or by any formal way of contact, therefore he suggested to call the Immigration Department to try to find out the reason of the possible cancellation.

 

On 11/09/2013, I called Visa Department, explaining my situation and they recommended me to get a letter from my Sponsor clarifying my position at work. However DIMIA has considered my visa for cancellation due a letter written by my employer after the floods on 11/02/2013, when my work facility was wiped out and my employer asked me to look for other sources of income. Even so, I kept working in my sponsored work as a casual worker with about 30 hours a week, since I was aware about my sponsorship commitments but my employer could not guarantee full-time during that period of time for obvious reasons.

 

On 02/10/2013 and in conjunction with my employer, got a phone conversation with DIMIA explaining the situation of what happened with the Company and verifying my status working with them at all times also sending my full-time contract to nsw.pse@immi.gov.au

 

With all this events, I think might be a confusion with what happened, as I have advised at all times my situation with DIMIA, same as my sponsor and all requirements for my Citizenship are accomplished, but since the natural events just reduced my number of hours.

 

 

Chronology of events:

02/2009 i arrived to Australia

 

06/2009 granted my visa 457.(Sponsored visa - same employer).

 

10/01/2010 granted my visa 857 (PR same employer).

 

27/01/2013 floods, natural disaster damaged the country town where i live and my work facility.

 

05/02/2013 I have applied to Australian citizenship.

 

11/02/2013 notified immigration of my situation at workplace after this natural disaster.

 

04/06/2013 done the citizenship test, with successful result.

 

My question is: Do you think a lawyer could help me to keep my PR as I couldn’t work full time because a natural disaster?

[George Lombard]

Hi Alberto,

 

Yes I do think it would be sensible to ask a registered migration agent to review these facts as the Department's continued interest seems inconsistent with your employer's apparent co-operation.

 

Regards,

 

George Lombard