SW1 Posted January 12, 2015 Share Posted January 12, 2015 Hi guys, hoping someone will have a answer for my question. My partner and I have come of are 457 sponsord visa (I'm a chippy) and now on a RSMS PERM VISA. It only got granted last month. Today I got told by the boss that are clients have lost the contract so we might not have work for you in a couple of months ? so where does that leave me If I have to leave the company? Can I find another job? Am I safe to stay in the country? So confusing? THANKS GUYS. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 12, 2015 Share Posted January 12, 2015 You have permanent residency. It's permanent, and once you have PR like you do it's no longer tied to your job. You can find another job, and you can live in Australia for the rest of your life regardless of where or if you're working. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 12, 2015 Share Posted January 12, 2015 You have permanent residency. It's permanent, and once you have PR like you do it's no longer tied to your job. You can find another job, and you can live in Australia for the rest of your life regardless of where or if you're working. Not quite. The rsms visa is the one pr visa which can be cancelled if you don't stay in the job for two years. That being said, if you can show you have officially been made redundant then chances are you will be fine. As long as you have made every effort to stick to your obligation. I'd be making sure it's all done officially though. Quote Link to comment Share on other sites More sharing options...
SW1 Posted January 13, 2015 Author Share Posted January 13, 2015 Not quite. The rsms visa is the one pr visa which can be cancelled if you don't stay in the job for two years. That being said, if you can show you have officially been made redundant then chances are you will be fine. As long as you have made every effort to stick to your obligation. I'd be making sure it's all done officially though. Thanks guys, well with what I've been reading online, I should be ok. It's in no control of mine to why I have been let go.. So they won't terminate my visa if ive made a go of it and things went wrong which was nothing to do with me. Also it says - the applicant doesnt have to contact immi. The employer is under no obligation to contact them either. I've been with this company for over 2 years out in rural queensland. So if they did a check on me later on down the line, I'm pretty sure I have a strong case. And it's a legitmant reason to why I had to leave. ? Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 13, 2015 Share Posted January 13, 2015 Not quite. The rsms visa is the one pr visa which can be cancelled if you don't stay in the job for two years. That being said, if you can show you have officially been made redundant then chances are you will be fine. As long as you have made every effort to stick to your obligation. I'd be making sure it's all done officially though. Right, I understand that, but OP is not leaving of his own accord. I was fairly certain that as long as you didn't leave voluntarily it didn't matter. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 13, 2015 Share Posted January 13, 2015 Right, I understand that, but OP is not leaving of his own accord. I was fairly certain that as long as you didn't leave voluntarily it didn't matter. I was clarifying for the forum lurkers who might be hoping to just leave their job on an rsms because they felt like it. Many people just read others questions rather than posting their own. :-) Op, if they are making you redundant, just make sure they go through the proper procedures (details on fair work Australia's website). Good luck. Quote Link to comment Share on other sites More sharing options...
SW1 Posted January 13, 2015 Author Share Posted January 13, 2015 Ok thanks for your input. I don't know what to do because work might pick up again, it might just mean I won't be working for the company for a month maybe 2. Who knows, I will obviously have to find other work so I can survive ect.. The big one is, work might pick up and it might not. I don't want to go through all the redundancy process and risk my visa being cancelled.. I can't really find anywhere on the immi website that says we have to inform them if i stop working for the company.. Maybe I just keep it quiet Quote Link to comment Share on other sites More sharing options...
blossom Posted January 13, 2015 Share Posted January 13, 2015 They are linked to the tax office. Although unlikely, if you suddenly stop being paid by them they might notice. Your employer either has to give you the amount of work you are contracted for, or make you redundant. You are not a casual so there are rules they must follow. If they officially make you redundant then there is nothing immigration can say about you leaving. You tried to stay, there wasn't the work for you to be full time (as contracted). If you just leave then it could be seen as you just deciding not to work there. Cover your own back. It isn't worth losing a visa for the sake of not wanting to ask them to stick to their legal obligations. Quote Link to comment Share on other sites More sharing options...
SW1 Posted January 13, 2015 Author Share Posted January 13, 2015 They are linked to the tax office. Although unlikely, if you suddenly stop being paid by them they might notice. Your employer either has to give you the amount of work you are contracted for, or make you redundant. You are not a casual so there are rules they must follow. If they officially make you redundant then there is nothing immigration can say about you leaving. You tried to stay, there wasn't the work for you to be full time (as contracted). If you just leave then it could be seen as you just deciding not to work there. Cover your own back. It isn't worth losing a visa for the sake of not wanting to ask them to stick to their legal obligations. I found this - A visa holder is unlikely to be assessed as failing to have made a genuine effort where the failure to commence or complete the two year employment period was because of a situation beyond the visa holder’s control. Examples include: • the position was not filled or did not remain viable due to a serious downturn in business activity or • financial loss, bankruptcy or closure of the business. Delegates are also expected to consider any hardship that the visa holder or members of the family unit may suffer if their visa is cancelled so is the employer under any obligation to contact the department to inform them I've been let go? Thanks blossom. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 13, 2015 Share Posted January 13, 2015 An agent on here has said not. But again, they are linked to the tax office, and there have been people who immigration have checked up on, seemingly randomly. Quote Link to comment Share on other sites More sharing options...
SW1 Posted January 13, 2015 Author Share Posted January 13, 2015 An agent on here has said not. But again, they are linked to the tax office, and there have been people who immigration have checked up on, seemingly randomly. Thanks again, ok so to cover my own back incase further down the line they contact me. I shall get him to make me redundant and give me a written notice letter. That way their is proof that I was no longer needed. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 13, 2015 Share Posted January 13, 2015 Thanks again, ok so to cover my own back incase further down the line they contact me. I shall get him to make me redundant and give me a written notice letter. That way their is proof that I was no longer needed. Exactly. :-) As you said earlier, immigration won't expect you to cut your hours and live off less money than promised. You just need an official paper trail just incase. ;-) Quote Link to comment Share on other sites More sharing options...
SW1 Posted January 13, 2015 Author Share Posted January 13, 2015 Also the contract tht was sent through to the department with my visa documents.. States - it is a on going perm position.. It didn't say 2 years ect.. They was happy with that as they know things can change within a company.. So hopefully that's on my side also! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.