187 Visa Processing Time

[ring3018]

To be honest, I'm sick of this place. I want to leave ASAP

[JJJ]

4 minutes ago, ring3018 said:

To be honest, I'm sick of this place. I want to leave ASAP

I want to move on...sick and tired of being abused cuz they are giving me sponsor.

[Iloveaus]

Same here. Sick of where I live... I wish things can get better for all of us..

[CockerSpaniel]

2 hours ago, 187 DE said:

My agent confirmed it, and actually makes sense. And the legislation is quite clear about it as it states that the 2 years start when the applicant commence to work and not when the visa is granted. 

What happened with your cousin if you don't mind?

This link has some good info, essentially it's most likely a grey area. It isn't specified precisely in the regulations but in the guidelines it says the following:

Employment terminated

If the employer provides information that the visa holder has permanently ceased to work for the employer, the delegate may issue a notice of proposed cancellation. For more information, refer to Proposing cancellation.

Circumstances may arise where a visa holder is on leave without pay (LWOP) during the required two year employment period. Where an employer has approved LWOP, it is not generally regarded as a break in the continuity of service. Approved LWOP is also a standard condition in most awards. Therefore, any LWOP that has been approved by the employer is not to be regarded as a termination of employment.

Previous periods of employment for the same employer whilst the holder of another class or subclass of visa (such as a UC-457 visa) does not count towards the required period of employment. However, they may be relevant in assessing genuine effort.

 

 

[187 DE]

1 hour ago, ring3018 said:

 

1. you do not start working in your nominated position within six months from the date of the granting of the visa, or you fail to convince the DIBP that you have made a genuine effort to start working in the position you are supposed to undertake within six months after entering the country.
2. you start employment but you terminate it within the first two years and you fail to satisfy the DIBP as to your effort to remain in your sponsored job for the prescribed two years.

Because, 187 Rsms doesn't state that you have to work there before the visa granted even if you're onshore. It's your choice to work with them before the visa granted. The purpose for this visa is for you to move in the regional area and stay there for 2 years when you got the visa. 

 

I need that you read my first post as there is some misunderstanding. 

I agree with what you posted, but it is not what I said at the beginning. It's obvious that if you get the visa approved and you were not working in the nominated position, you must stay for 2 years after your visa is granted and/or starting to work within 6 months from the day of your approval.

Moreover, I cannot understand how  an employer could sponsors someone who's not working already for his/her business...

I basically said that if you start to work for someone who sponsored you  with a full time contract signed as required for the 187, and you got your visa granted after 25 months, you have reached the requirement of 2 years.

Example:

Started to work in the business as casual in Jan 2015. Employer happily gives you the sponsor 1 year later in January 2016. Your migrant agent prepares the documentation required such as the contract full time signed on the 15th of January 2016 (this is when you commence to work full time for visa purposes). Rcb, Nomination and visa with all docs ready to submit on the 15th of Jan 2016. 

Nomination and visa granted 25 months later, on the 15th of February 2018. 

You satisfied the 2 years requirement, so you can leave giving of course the right notice period of time to your employer.

At least this is what the immi dept said when I called them, and my agent confirmed. 

Edited July 30, 2018 by 187 DE

[ring3018]

2 hours ago, 187 DE said:

I need that you read my first post as there is some misunderstanding. 

I agree with what you posted, but it is not what I said at the beginning. It's obvious that if you get the visa approved and you were not working in the nominated position, you must stay for 2 years after your visa is granted and/or starting to work within 6 months from the day of your approval.

Moreover, I cannot understand how  an employer could sponsors someone who's not working already for his/her business...

I basically said that if you start to work for someone who sponsored you  with a full time contract signed as required for the 187, and you got your visa granted after 25 months, you have reached the requirement of 2 years.

Example:

Started to work in the business as casual in Jan 2015. Employer happily gives you the sponsor 1 year later in January 2016. Your migrant agent prepares the documentation required such as the contract full time signed on the 15th of January 2016 (this is when you commence to work full time for visa purposes). Rcb, Nomination and visa with all docs ready to submit on the 15th of Jan 2016. 

Nomination and visa granted 25 months later, on the 15th of February 2018. 

You satisfied the 2 years requirement, so you can leave giving of course the right notice period of time to your employer.

At least this is what the immi dept said when I called them, and my agent confirmed. 

 2 of the migration agents i ask said the same. 2 years after the visa grant. I think we have different opinions here. My friend just got his 187 as a hotel manager called immi depart and they told him after the visa as well.

if you look for the information of registered migration agent online, they will say the same thing. 

“When you lodge the visa application form for this subclass you are required to declare that you agree to work in the nominated position for at least two years and understand that your visa may be cancelled if you provide false or misleading information. Basically, when you lodge this application you are declaring an intention to work of your sponsoring employer in your nominated position for at least two years from the date the visa is granted

Note that previous periods of employment prior to the grant of the RSMS 187 visa such as the time spent with the employer on a Temporary Work (Skilled) visa (subclass 457) cannot count towards the two years. The timer starts from when the visa holder begins work whilst holding their RSMS 187 visa.

Dismissal by the employer

Even if the visa holder did not intentionally fail to complete their obligations and have been terminated from their role, their visa may still be liable for cancellation. It doesn’t seem fair, so why so? This is to prevent the possibility of a visa holder performing badly or worse, sabotaging the business, so as to create a situation where they are able to leave their obligation of completing two years of service. Further to this, the visa holder is granted their visa on the basis of their being able to perform in their nominated role.

Of course if the visa holder was unfairly dismissed or there were other circumstances, that’s a whole other story. Evidence will needed to be provided on the visa holder’s part in such situations – the employer will be left out of further dealings with the Department. If the dismissal has been brought forth to the Fair Work Commission, the Department will take into account the results of any proceedings.

Exceptions

Where there has been genuine effort made on the visa holder’s part to commence employment within the required timeframe or to complete the obligated two years of service, but have not managed to do so due to compelling and/or compassionate reasons, it is possible for the visa holder to avoid their visa being cancelled.

The Department will consider:

• The visa holder’s reasons for and/or circumstances that results in their inability to commence employment or complete two years of services
• The period of the visa holder’s employment with their employer prior to the termination of their employment
• If the employment was genuine or if the employer and visa holder created an arrangement for the sake of obtaining a visa
  Any other relevant details

Compassion and/or compelling circumstances could include and are not limited to:

• The visa holder or a family member falling significantly ill
• The position no longer being viable due to the business seeing a drop in activity
• The business facing financial difficulties such as bankruptcy or closure

Circumstances that were within the visa holder’s control such as moving to another job for a more attractive offer or choosing to postpone commencement of employment for a holiday will not be taken to be not having made a genuine effort to fulfil the terms of the visa grant.”

This is what they send to me in email.

 If you are so sure that you can leave the employer when your visa is granted just do it. Because the information is not the same anymore.

Even though i’m so sick of this place I don’t want to risk my PR got cancelled.

Edited July 30, 2018 by ring3018

[Rajat Babbar]

Now this is genuine from immigration

[Synergy22]

PR first

[Bijaya Khadka]

18 hours ago, Deza said:

Thanks Bijaya,

I applied for myself on 18 and for the wife, on 19 i got my wife on 26 but haven't received mine. 

So i should expect in next week. 

Thank you

Just give them buzz

they will let you know

thank you 

[Dhillon7]

Guys i have a question..pls give me ur advice..online immi status is only changed when they are looking on visa file or its also changed when they r luking at nomination too..need ur advice..thnx

[ManniSingh]

Hi guys need your help. I medical is already expired and planing to redone it again before they pick up my file. I booked my medical again 

and at the doctor office they can able to access to Hap Id because they said it been done before. 

On my immigration account it shows 

All health examinations required for the specified visa subclass have been finalised. Processing of this person's visa application can now continue. This will not occur until a case officer investigates the case in line with published processing times for the visa that has been applied for. Do not contact the department about health examinations in the meantime.

Can any one plz advise how can i can redone my medical again.

Thx for help in advance.  

[Legend]

59 minutes ago, ManniSingh said:

Hi guys need your help. I medical is already expired and planing to redone it again before they pick up my file. I booked my medical again 

and at the doctor office they can able to access to Hap Id because they said it been done before. 

On my immigration account it shows 

All health examinations required for the specified visa subclass have been finalised. Processing of this person's visa application can now continue. This will not occur until a case officer investigates the case in line with published processing times for the visa that has been applied for. Do not contact the department about health examinations in the meantime.

Can any one plz advise how can i can redone my medical again.

Thx for help in advance.  

Don't do it unless immi ask for it

[brarz]

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

[April 17]

5 minutes ago, brarz said:

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

Congrats...

 

[Garry-88]

28 minutes ago, brarz said:

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

Did they request any documents?

[Synergy22]

43 minutes ago, brarz said:

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

Very long we heard such news, congrats

[Deep]

7 hours ago, brarz said:

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

 

7 hours ago, brarz said:

Hi everyone, finally I got chance  to post some gud news for Baker. My brother got his golden call PR granted 

23 April 2016 Nomi

6 Aug 2016 visa

31 July 2018 PR granted Nomi+ visa same day

This is first grant in our 10 years Aus life !! 

Guru Ram Das Mehar karn Sab Tay 

God bless every one 

 

Which state?

 

[parveen]

I upaload my overseas police check in 2016 I did not travel since then so I have to do it again pls give me any suggestion

[brarz]

17 hours ago, Garry-88 said:

Did they request any documents?

Updated contract, pay slips and medical

[brarz]

9 hours ago, Deep said:

 

Which state?

 

WA Perth

[brarz]

Is there any restaurant Manager waiting from early Dec 2016

[187 DE]

1 hour ago, brarz said:

Updated contract, pay slips and medical

Congratulations buddy! May I ask how long it took after updating the file to get the visa? Thank you

[brarz]

38 minutes ago, 187 DE said:

Congratulations buddy! May I ask how long it took after updating the file to get the visa? Thank you

One month and one week

 

2 hours ago, zanfo said:

Hey mate I hope to get allocated soon.

received still, lodged in Dec 2016

DE rest manager

 

[April 17]

4 hours ago, brarz said:

Is there any restaurant Manager waiting from early Dec 2016

I am waiting from April 17 as a restaurant manager

[Nav Oct2016]

5 hours ago, brarz said:

Is there any restaurant Manager waiting from early Dec 2016

Oct2016