sharpie Posted March 15, 2014 Share Posted March 15, 2014 Hi all, I have a question regarding the above visa obligations? I have a friend who is on a 187 rsms visa and he is having issues with his work? He has been on the visa for 6 months and is wondering if he has to stay the full 2 years with the employer? He has spoke to some one at immigration who has said that if you and your employer come to an amicable agreement he will be allowed to leave and take up employment else where? The reason I am asking is he has spoke to several immigration agents and most have gave different answers and is totally confused! I said I would ask on here because every one is very helpful and honest! Has any one else been in this situation before and what was the outcome? Quote Link to comment Share on other sites More sharing options...
PerthpomSRT Posted March 15, 2014 Share Posted March 15, 2014 Several people from my company have recently switched from 457's to 187's and have all left the company. The employer said once you've got you can leave if you want. I spoke to a agent and they said that the 2 year with same employer is a guide line and the visa cannot be cancelled if you decide to leave. Quote Link to comment Share on other sites More sharing options...
nicolac34 Posted March 15, 2014 Share Posted March 15, 2014 (edited) If you search for RSMS or 857 (the old visa number) you will find a heap of threads all asking similar questions. Basically if he leaves his job before his 2 years are up his visa COULD be cancelled. There is no definitive answer on here I'm afraid and I would certainly not take the word of some random person at immigration. It's clearly stated in the Migration Act that immigration has the power to cancel the visa if the employee does not fulfil their obligations. People have been in similar situations and have left their jobs and have been investigated and haven't lost their visa - but that's not to say someone won't be the first. I'm on an RSMS and have wanted to leave my job since the visa was granted, but I wasn't confident enough that it wouldn't all end in tears and my visa would be cancelled. So I've stuck it out and I'm now 7 weeks away from completing my obligations. Can't wait. Edited March 15, 2014 by nicolac34 Quote Link to comment Share on other sites More sharing options...
sharpie Posted March 15, 2014 Author Share Posted March 15, 2014 Hi steven That's what we thought! It seems like the immigration and the agents don't know them selves? He asked them and they said one thing and agents have told him different stories, no wonder he is confused! Quote Link to comment Share on other sites More sharing options...
nicolac34 Posted March 15, 2014 Share Posted March 15, 2014 (edited) Several people from my company have recently switched from 457's to 187's and have all left the company. The employer said once you've got you can leave if you want. I spoke to a agent and they said that the 2 year with same employer is a guide line and the visa cannot be cancelled if you decide to leave. That is true for 186's not 187's CAN THE RSMS VISA BE CANCELLED? RSMS visas can be cancelled by DIAC if the nominee: does not start employment within six months after the visa is granted; leaves the position within two years of starting employment for reasons within their control. Visas are not cancelled where genuine effort has been made to complete the contract. The onus is on the employer to inform DIAC if the nominee does not commence / complete the two year employment contract. Failure to inform DIAC may impact on the genuine need assessment of future RSMS nominations. Edited March 15, 2014 by nicolac34 Quote Link to comment Share on other sites More sharing options...
sharpie Posted March 15, 2014 Author Share Posted March 15, 2014 so what happens if he is getting bullied at work and cant take much more? Surley if work is that bad they cant make him stay for the further 18 months? Quote Link to comment Share on other sites More sharing options...
nicolac34 Posted March 15, 2014 Share Posted March 15, 2014 There's the "genuine effort" bit - he'll have to prove that he's done everything in his power to continue the employment. Maybe speak to Fair Work Australia about the bullying aspect? Speak to HR/Manager about what is happening? Get some kind of record that he has tried to address the situation but that nothing has happened. Look at it this way, if immigration come knocking and want to know why he didn't continue employment is he going to be able to back up why? Or is it going to be his word against theirs? Quote Link to comment Share on other sites More sharing options...
PerthpomSRT Posted March 15, 2014 Share Posted March 15, 2014 Nicolac sorry they transferred to a 186 visa employer sponsored.. Quote Link to comment Share on other sites More sharing options...
sharpie Posted March 15, 2014 Author Share Posted March 15, 2014 I know for a fact he is keeping a diary of all the incidents and he has asked them several times about things and they never do anything about it? Also one of the bosses is pretty hard on him and when he has complained the other bosses has said its his word against theres and are not interested. Quote Link to comment Share on other sites More sharing options...
nicolac34 Posted March 15, 2014 Share Posted March 15, 2014 Ok 186 is different - he can leave on that one, it's a moral obligation to stay rather than a visa condition - much better! Quote Link to comment Share on other sites More sharing options...
blossom Posted March 15, 2014 Share Posted March 15, 2014 I know for a fact he is keeping a diary of all the incidents and he has asked them several times about things and they never do anything about it? Also one of the bosses is pretty hard on him and when he has complained the other bosses has said its his word against theres and are not interested. He really needs to write official letters of complaint and keep a copy. See what Fairwork says etc. He needs to he able to prove he did everything possible to rectify the situation and stick to his two years. If he tried all these things and it didn't get better he would have a much better chance. If he leaves before a year they are much more interested in checking out why. There have been situations where people have left within the two years and immigration have checked up that they are still working in the same area and same occupation. Worth considering too. Quote Link to comment Share on other sites More sharing options...
sharpie Posted March 16, 2014 Author Share Posted March 16, 2014 Thank you for your help I will pass this on to him. Quote Link to comment Share on other sites More sharing options...
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