Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Big bird 12

187 Visa Processing Time

Recommended Posts

1 minute ago, ACT June 2017 said:

Two years only count from the day you get PR. 

Count them from then if you insist. 😄 


I do not sing in the shower, I think in the shower. 

Share this post


Link to post
Share on other sites

It's always a point of debate whether to stay in your work for 2 years after granting visa.... but does anybody have cancelled his/her visa due to leaving employer before 2 years ....

Or immi will be ok if one stays in regional area after leaving his sponsorer...

Share this post


Link to post
Share on other sites
4 minutes ago, TRT-May-2018 chem engg said:

It's always a point of debate whether to stay in your work for 2 years after granting visa.... but does anybody have cancelled his/her visa due to leaving employer before 2 years ....

Or immi will be ok if one stays in regional area after leaving his sponsorer...

Got your permanent Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)? We know how hard you worked to get it, don’t lose it. Unlike most other permanent visas, the RSMS 187 visa had more conditions attached that could result in the cancellation of your visa:

  • Not commencing employment in your nominated position with your sponsoring employer within the stipulated time frame
  • Not completing a two year term in your nominated position with your sponsoring employer

 

Non commencement of employment

If the visa holder does not commence employment in their nominated position with their sponsor company within a stipulated time, they are liable to have their visa cancelled. The time frames are as follows:

Visa holder outside Australia: Six months from the date the visa holder first entered Australia

Visa holder in Australia: Six months from the date of the visa grant

The employer is to provide the information to the Department of Home Affairs. It is also possible that information on the visa holder’s employment status is gleaned from Centrelink, other government agencies or other sources. In the latter scenario, the Department will investigate first by contacting the employer.

 

Non completion of two years

Should the visa holder be terminated from their role with their sponsoring employer, they may have their visa cancelled. It is an obligation for the visa holder to stay in their nominated position for at least two years.

In calculating the period of employment, annual leave is considered to count towards the two years. In the case were the visa holder goes on Leave Without Pay (LWOP) that has been agreed upon with the employer, they are not taken to have broken their service with the employer.

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.

Are you in a sticky situation and have received a visa cancellation notification? Speak to a qualified agent to see how they can help you.

  • Like 1
  • Thanks 1

I do not sing in the shower, I think in the shower. 

Share this post


Link to post
Share on other sites
1 hour ago, MilaMocha said:

Non completion of two years

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.

 

 

 

This, doesnt it said "time spent with the employer on temporary work visa (which is bridging visa a or etc) cannot count towards the two years" ? 

also " The times starts when visa holder begins work whilst holding their RSMS 187 visa (Bridging visa A is not meant holding RSMS 187 visa)

Did i miss something here though?

Share this post


Link to post
Share on other sites
3 hours ago, ACT June 2017 said:

Two years only count from the day you get PR. 

In my opinion, as stated before. This "2  Year " working condition is a gray area. on my pr, there is no condition mentioned anywhere of two years. I have dug immi website as well and I could not find any 2-year condition. However, it is mentioned in RSMS Regulation that you have to work for two years but this regulation at leat 15 years old. on top of every thing, at least work 6 month. i have been working with my employer since feb 17.

Share this post


Link to post
Share on other sites

Office Manager ( WA )

Nomination and Visa logged : 28/2/2018

RCB approved 

Is anyone applying the same position in WA? and I still haven't started to work with the employer, is it a problem to refuse my case ?

Thanks Bro

 

Share this post


Link to post
Share on other sites

Someone told me that If CO ask you extra papers for nominations - its a positive sign.

Is it true ?

Please reply

Share this post


Link to post
Share on other sites
1 hour ago, yulin said:

Office Manager ( WA )

Nomination and Visa logged : 28/2/2018

RCB approved 

Is anyone applying the same position in WA? and I still haven't started to work with the employer, is it a problem to refuse my case ?

Thanks Bro

 

It’s not necessary to start work before grant the visa but nowadays immi is refusing some case whom did not start work or work less than 38 hours on bridging visa, so, you should better to start work with your company to make your case storng.

Share this post


Link to post
Share on other sites
1 hour ago, Rajat Babbar said:

Someone told me that If CO ask you extra papers for nominations - its a positive sign.

Is it true ?

Please reply

 

1 hour ago, Rajat Babbar said:

Someone told me that If CO ask you extra papers for nominations - its a positive sign.

Is it true ?

Please reply

Nomination is only related to sponsor it’s nothing with the nominee

Share this post


Link to post
Share on other sites
On 06/12/2018 at 15:48, Diemlinh said:

Position: Cook, Vic

Still no news from them. 

My boss already put the business on sale, so really hope everything going good 😞 before someone buy it. 

I heard that even my Boss want to sell I understand your feelings!

  • Sad 1

Share this post


Link to post
Share on other sites
2 hours ago, Rajat Babbar said:

Someone told me that If CO ask you extra papers for nominations - its a positive sign.

Is it true ?

Please reply

Yes.it is positive sign .is your file open .thx 

Share this post


Link to post
Share on other sites

Hi everyone, I have a question which is bothering me since I lodged visa through agent. I have asked him but he didn't answer me very clearly or maybe I couldn't understand.

 

I am a sous chef in our restaurant but I am under the 457 visa as a cook for more than 2years so far, and I only have certificate 4. I applied DE 187 as a cook this February before rules changing. My job description is sous chef job and my title of payslip is a sous chef. Now, I am kinda doing head chef job but I am wondering if my position is a cook but my salary is over 60k would be a risk to get refusal or not really? Agent told me that we shouldn't bring anything as a head chef or sous chef jobs because it will be more complicated, but my title and description are sous. My 187 visa application is a cook. 

 

Could anyone on the same boat or any expert could give me advise, I really appreciate that...

Share this post


Link to post
Share on other sites
14 minutes ago, Lovi said:

March 2017 office Manager. No news yet

Are they gonna complete our application as per given time 23 months final , or not I don’t think I have case officer yet 

Share this post


Link to post
Share on other sites

Don’t know mate I know couple of people waiting more then time frame 

Share this post


Link to post
Share on other sites
18 hours ago, MilaMocha said:

Got your permanent Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)? We know how hard you worked to get it, don’t lose it. Unlike most other permanent visas, the RSMS 187 visa had more conditions attached that could result in the cancellation of your visa:

  • Not commencing employment in your nominated position with your sponsoring employer within the stipulated time frame
  • Not completing a two year term in your nominated position with your sponsoring employer

 

Non commencement of employment

If the visa holder does not commence employment in their nominated position with their sponsor company within a stipulated time, they are liable to have their visa cancelled. The time frames are as follows:

Visa holder outside Australia: Six months from the date the visa holder first entered Australia

Visa holder in Australia: Six months from the date of the visa grant

The employer is to provide the information to the Department of Home Affairs. It is also possible that information on the visa holder’s employment status is gleaned from Centrelink, other government agencies or other sources. In the latter scenario, the Department will investigate first by contacting the employer.

 

Non completion of two years

Should the visa holder be terminated from their role with their sponsoring employer, they may have their visa cancelled. It is an obligation for the visa holder to stay in their nominated position for at least two years.

In calculating the period of employment, annual leave is considered to count towards the two years. In the case were the visa holder goes on Leave Without Pay (LWOP) that has been agreed upon with the employer, they are not taken to have broken their service with the employer.

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.

Are you in a sticky situation and have received a visa cancellation notification? Speak to a qualified agent to see how they can help you.

MilaMocha I think you can see the facts for yourself. You only decide to listen to yourself and you are telling yourself what you want to hear. Its is very clear that time spent on bridging visa and 457 do not count towards 2 years.

  • Like 2

Share this post


Link to post
Share on other sites
16 minutes ago, Lovi said:

Don’t know mate I know couple of people waiting more then time frame 

Only 75% of applications are processed during that time frame. For the remaining 25% you cant tell how long.

Share this post


Link to post
Share on other sites
11 hours ago, Waiting4betterdays said:

Yes.it is positive sign .is your file open .thx 

Its a good sign, meaning your file is open and would be processed further if documents requested are supplied on time. Same for visa file.

  • Like 1

Share this post


Link to post
Share on other sites

Hi everyone. My nomination was approved on 2nd November 2018. No document was requested. Visa and nomination lodged in June 2017. Since then I have not heard anything. 5 weeks now. Please is there any with a similar experience?

Childcare group leader, ACT.

Share this post


Link to post
Share on other sites
23 hours ago, Cupidmi said:

Hi everyone, I have a question which is bothering me since I lodged visa through agent. I have asked him but he didn't answer me very clearly or maybe I couldn't understand.

 

I am a sous chef in our restaurant but I am under the 457 visa as a cook for more than 2years so far, and I only have certificate 4. I applied DE 187 as a cook this February before rules changing. My job description is sous chef job and my title of payslip is a sous chef. Now, I am kinda doing head chef job but I am wondering if my position is a cook but my salary is over 60k would be a risk to get refusal or not really? Agent told me that we shouldn't bring anything as a head chef or sous chef jobs because it will be more complicated, but my title and description are sous. My 187 visa application is a cook. 

 

Could anyone on the same boat or any expert could give me advise, I really appreciate that...

I think your MA is right here that you can’t show them you are working as a chef when you lodged as a cook! These are the small reasons immi is pointing out these days. You gotta show them what you are supposed to be doing not what you actually doing. I have a sort of same situation 👍. Hope this helps 

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, RazzArora said:

I think your MA is right here that you can’t show them you are working as a chef when you lodged as a cook! These are the small reasons immi is pointing out these days. You gotta show them what you are supposed to be doing not what you actually doing. I have a sort of same situation 👍. Hope this helps 

Thank you for your response. I need to show them what I suppose to do but my salary is only under head chef and I am a cook. There are several chefs who have lower salary than me. It doesn't make any sense for them that is why I'm worried...

Share this post


Link to post
Share on other sites
On 03/12/2018 at 22:03, Hesh said:

How was your contract with the sponsor? Do you need to work with them another 2years?

Hi Hesh,

I was working for this company two years already when they gave me the sponsor. At the time of the PR granted (November) I am three years now. The visa condition is that you have to work two years after granted, so I have to keep working with them for two more years. For me is not a problem because I love this hotel and the job. Good luck for you 🙂

Share this post


Link to post
Share on other sites

Hi everyone 

Rcb n nomination same month sep 2017 

nomination approved 1 nov 2018 

documents required pcc medical English proficiency proof 

visa lodged in nov 

no reply yet little tensed 

Restaurant manager 

NSW

when can I expect my visa 

thanks 

  • Like 1

Share this post


Link to post
Share on other sites

Hi everyone, when the staff of immigration are on holiday and how long  does it last? I have been waiting 26 months so far and haven’t got any news from immigration.

  • Like 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×