TRT-May-2018 chem engg Posted December 7, 2018 Share Posted December 7, 2018 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... Quote Link to comment Share on other sites More sharing options...
MilaMocha Posted December 7, 2018 Share Posted December 7, 2018 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, donāt 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 Ā 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:Ā Six months from the date the visa holder first entered Australia Visa holder in Australia:Ā 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 holderās 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. Ā 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. Ā 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 doesnāt 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, thatās a whole other story. Evidence will needed to be provided on the visa holderās part in such situations ā 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. Ā Exceptions Where there has been genuine effort made on the visa holderās 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 holderās reasons for and/or circumstances that results in their inability to commence employment or complete two years of services The period of the visa holderās 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 holderās 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. 1 1 Quote Link to comment Share on other sites More sharing options...
Qudos Posted December 7, 2018 Share Posted December 7, 2018 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. Ā Ā Ā 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" ?Ā 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? Quote Link to comment Share on other sites More sharing options...
Deza Posted December 7, 2018 Share Posted December 7, 2018 3 hours ago, ACT June 2017 said: Two years only count from the day you get PR.Ā In my opinion, as stated before. This "2Ā Year " working condition is a gray area. on my pr, there is no condition mentionedĀ 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 febĀ 17. Quote Link to comment Share on other sites More sharing options...
yulin Posted December 7, 2018 Share Posted December 7, 2018 Office Manager ( WA ) Nomination and Visa logged : 28/2/2018 RCB approvedĀ 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 Ā Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted December 7, 2018 Share Posted December 7, 2018 Someone told me that If CO ask you extra papers for nominations - its a positive sign. Is it true ?Please reply Quote Link to comment Share on other sites More sharing options...
vikshrm Posted December 7, 2018 Share Posted December 7, 2018 1 hour ago, yulin said: Office Manager ( WA ) Nomination and Visa logged : 28/2/2018 RCB approvedĀ 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 Ā Itās 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,Ā so, you should better to start work with your company to make your case storng. Quote Link to comment Share on other sites More sharing options...
Bishal911 Posted December 7, 2018 Share Posted December 7, 2018 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 Ā 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 itās nothing with the nominee Quote Link to comment Share on other sites More sharing options...
Davide Posted December 7, 2018 Share Posted December 7, 2018 On 06/12/2018 at 15:48, Diemlinh said: Position: Cook, Vic Still no news from them.Ā My boss already put the business on sale, so really hope everything going good before someone buy it.Ā IĀ heard that even my Boss want to sell I understand your feelings! 1 Quote Link to comment Share on other sites More sharing options...
Waiting4betterdays Posted December 7, 2018 Share Posted December 7, 2018 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 .thxĀ Quote Link to comment Share on other sites More sharing options...
Cupidmi Posted December 7, 2018 Share Posted December 7, 2018 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. Ā 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.Ā Ā Could anyone on the same boat or any expert could give me advise, I really appreciate that... Quote Link to comment Share on other sites More sharing options...
Pardeep08 Posted December 7, 2018 Share Posted December 7, 2018 Anyone from feb 2017 batch, as managers! Or 2016? Quote Link to comment Share on other sites More sharing options...
Lovi Posted December 7, 2018 Share Posted December 7, 2018 March 2017 office Manager. No news yet Quote Link to comment Share on other sites More sharing options...
Pardeep08 Posted December 7, 2018 Share Posted December 7, 2018 14 minutes ago, Lovi said: March 2017 office Manager. No news yet Are they gonna complete our application as per given timeĀ 23 months final , or not I donāt think I have case officer yetĀ Quote Link to comment Share on other sites More sharing options...
Lovi Posted December 7, 2018 Share Posted December 7, 2018 Donāt know mate I know couple of people waiting more then time frameĀ Quote Link to comment Share on other sites More sharing options...
ACT June 2017 Posted December 7, 2018 Share Posted December 7, 2018 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, donāt 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 Ā 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:Ā Six months from the date the visa holder first entered Australia Visa holder in Australia:Ā 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 holderās 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. Ā 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. Ā 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 doesnāt 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, thatās a whole other story. Evidence will needed to be provided on the visa holderās part in such situations ā 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. Ā Exceptions Where there has been genuine effort made on the visa holderās 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 holderās reasons for and/or circumstances that results in their inability to commence employment or complete two years of services The period of the visa holderās 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 holderās 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. 2 Quote Link to comment Share on other sites More sharing options...
ACT June 2017 Posted December 7, 2018 Share Posted December 7, 2018 16 minutes ago, Lovi said: Donāt know mate I know couple of people waiting more then time frameĀ Only 75% of applications are processed during that time frame. For the remaining 25% you cant tell how long. Quote Link to comment Share on other sites More sharing options...
ACT June 2017 Posted December 7, 2018 Share Posted December 7, 2018 11 hours ago, Waiting4betterdays said: Yes.it is positive sign .is your file open .thxĀ 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. 1 Quote Link to comment Share on other sites More sharing options...
ACT June 2017 Posted December 8, 2018 Share Posted December 8, 2018 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. Quote Link to comment Share on other sites More sharing options...
RazzArora Posted December 8, 2018 Share Posted December 8, 2018 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. Ā 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.Ā Ā 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 canāt 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 helpsĀ 1 Quote Link to comment Share on other sites More sharing options...
Cupidmi Posted December 8, 2018 Share Posted December 8, 2018 1 hour ago, RazzArora said: I think your MA is right here that you canāt show them you are working as a chef when you lodged as a cook! These are the small reasonsļ»æļ»æ 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 helpsĀ 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... Quote Link to comment Share on other sites More sharing options...
Suel21 Posted December 8, 2018 Share Posted December 8, 2018 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. AtĀ 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 Quote Link to comment Share on other sites More sharing options...
Raheem Posted December 8, 2018 Share Posted December 8, 2018 Hi everyoneĀ Rcb n nomination same month sep 2017Ā nomination approved 1 nov 2018Ā documents required pcc medical English proficiency proofĀ visa lodged in novĀ no reply yet little tensedĀ Restaurant managerĀ NSW when can I expect my visaĀ thanksĀ 1 Quote Link to comment Share on other sites More sharing options...
Geace Posted December 9, 2018 Share Posted December 9, 2018 Hi everyone, when the staff of immigration are on holiday and how long Ā does it last? I have been waiting 26 months so far and havenāt got any news from immigration. 1 Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted December 9, 2018 Share Posted December 9, 2018 Hi everyoneĀ Rcb n nomination same month sep 2017Ā nomination approved 1 nov 2018Ā documents required pcc medical English proficiency proofĀ visa lodged in novĀ no reply yet little tensedĀ Restaurant managerĀ NSW when can I expect my visaĀ thanksĀ Brother your visa logged in nov 2017 or 18.As if 2017 then it should come soon.If you applied after you're nominations then I guess you have to wait. All the best Quote Link to comment Share on other sites More sharing options...
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