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187 questions. Leaving job and citizenship


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Halo,

 

i m on 187 visa last 9 months and as we know it's a full Tyme contract for 2 years but my boss gives only 20-22 hrs per week and it's very hard to survive in this country.i don't want to leave my job b honest till get citizenship.

do I need to contact to Fair work or immigration regards this matter.

i need to apply for citizenship in July ..I'm worried becoze someone told m that they can check my tax return or payslip for approving my citizenship application..plz share ur exp.

thnks

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Halo,

 

i m on 187 visa last 9 months and as we know it's a full Tyme contract for 2 years but my boss gives only 20-22 hrs per week and it's very hard to survive in this country.i don't want to leave my job b honest till get citizenship.

do I need to contact to Fair work or immigration regards this matter.

i need to apply for citizenship in July ..I'm worried becoze someone told m that they can check my tax return or payslip for approving my citizenship application..plz share ur exp.

thnks

 

You must have known your hours before you took them job no? Or were your hours changed on you? It would be quite unwise to do anything like quit your job whilst you are still on the RSMS, but not too long until you can apply for citizenship. Just hang in there until you have it.

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Halo,

 

i m on 187 visa last 9 months and as we know it's a full Tyme contract for 2 years but my boss gives only 20-22 hrs per week and it's very hard to survive in this country.i don't want to leave my job b honest till get citizenship.

do I need to contact to Fair work or immigration regards this matter.

i need to apply for citizenship in July ..I'm worried becoze someone told m that they can check my tax return or payslip for approving my citizenship application..plz share ur exp.

thnks

 

Is it a condition of your visa that you work full-time?

 

There is no work condition on citizenship, only a residency condition therefore I cannot see that they would check your tax return or payslips.

 

This may be poor advice - and someone may be along to point out why but if I was you I would not contact anyone as if you are in breach of visa conditions you could have your visa cancelled. I would sit it out until July and apply for your citizenship and hope for the best. If you get it then you are free to work for any employer anywhere in Australia. It does take around 6 months to get citzenship though depending where you live.

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The employer doesn't know about your application when you lodge it, but when it is granted your visa status will change so you would have an obligation to tell your employer as soon as you have attended a citizenship ceremony. If they get VEVO updates, they may discover it for themselves anyway.

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No employer can withhold you from getting your citizenship, and there is no reason for them to contact your employer. They don't check pay slips, they nay do a background check that you have been paying taxes but they care about the amount of time you have been in the country and your criminal record.

 

I was employed by a company on RSMS for 3 months (with time on 457 prior) when I left - I sought advise and there were no negative outcomes of this because I had proven to of "genuinely" worked in this role. This was in 2011, 2013 I became a citizen.

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If you can apply for citizenship in July, you should stay with your employer until you have citizenship if you can possibly manage to do so. When you apply for citizenship, there are NO checks on tax returns or payslips so you have nothing to worry about on that score - ignore anyone who tries to tell you otherwise. The only things that are checked when you apply for citizenship are that you are of good character and that you still hold a permanent visa, have held that permanent visa for 12 months and have met the residential requirements. Your employer will NOT be contacted.

 

I can see from your previous posts that even though you've held the 187 for 9 months, you've actually only been working there for 5 months or so. That means that if you leave your employer now so soon into your employment, and if your employer complains, you could potentially have a problem with your visa so it's vitally important that you accumulate as much evidence as possible of the fact that your employer is not keeping to his side of the contract. DIBP won't expect you to work for an income that is below what you need to survive and they won't expect you to be forced to work and be paid for less than full time work but they will want evidence so carefully document everything. You will need to be able to prove that you gave it your best shot and genuinely tried to meet the visa condition requiring you to stay with the employer. Keep your payslips and any letters or emails on the subject of your hours and working conditions and WRITE (must be in writing, not verbal) to your employer reminding him of the fact that you are supposed to be working full time and telling him that you simply can't afford to live on the hours you've been getting - demand a response in writing. If you leave or if he fires you, documents like that will protect you if DIBP considers whether to cancel your visa.

 

I think that involving Fair Work would only be appropriate if you are being underpaid or otherwise exploited but if you are simply not getting enough hours, I doubt if that comes under those headings.

 

If you want to make as few waves as possible, there is nothing in your visa conditions that prevents you getting a second job.

Edited by Ozmaniac
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  • 1 month later...

Hello

at last my company is going to change its management and they don't want to keep me as they already have employee for that role.u will get my release letter today and I want to know what else documents I can ask to my employer before new management take it over if you can help me I will be thankful to you

cheers

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Hello

at last my company is going to change its management and they don't want to keep me as they already have employee for that role.u will get my release letter today and I want to know what else documents I can ask to my employer before new management take it over if you can help me I will be thankful to you

cheers

You need more than a release letter. They must make you officially redundant. By doing this officially they are saying that the position doesn't exist any more.

http://www.fairwork.gov.au/ending-employment/redundancy

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Hello It's done by as same line as its on ATO website releasing letter.can I work at any other place?

I'm not sure what you mean by that. If you mean you've got a separation certificate then that isn't going to be good enough. That's you choosing to leave which immigration will not be happy with.

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  • 3 weeks later...

To apply for Australian citizenship (from the DIBP website):

"The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.You must:

 

 

  • have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
  • not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying."

 

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